CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to secure the stability of living for the persons of distinguished services to national independence and their bereaved families, and to improve their welfare by providing reasonable honorable treatment for their distinguished services to national independence by having fought against Japanese imperialism in order to achieve national independence, thereby exalting the national spirit by encouraging patriotism.
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 2 (Basic Principle of Honorable Treatment) |
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Because the Republic of Korea, which succeeded to the tradition of the Provisional Government of the Republic of Korea, was established by the sacrifice and contribution of the persons of distinguished services to national independence, the Government shall try to provide substantial compensation for the persons of distinguished services to national independence in order to have their sacrifice and contribution respected as the model of patriotism permanently by us and our descendants, while securing the honorable life of the persons of distinguished service to national independence and their families according to the degree of their sacrifice and contribution.
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 3 (Measures of State, etc.) |
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The State, local governments, etc. shall take measures for the praise of the patriotism of the persons of distinguished services to national independence, the enhancement of the national fair and equitable spirit by succeeding to and developing the said patriotism, and the realization of the basic principle indicated in Article 2.
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 4 (Objects of Honorable Treatment) |
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The following persons of distinguished services to national independence, their families or their bereaved families shall receive the honorable treatment indicated in this Act:
| 1. |
Patriotic martyrs: Persons who received the Order of Merit for National Foundation, the National Foundation Medal or the Presidential Citation because they died while fighting against the seizure of national rights by Japanese imperialism or performing an independence movement in Korea or in foreign countries before and after the seizure of national rights by Japanese imperialism until August 14, 1945; |
| 2. |
Patriots: Persons who received the Order of Merit for National Foundation, the National Foundation Medal or the Presidential Citation because they fought against the seizure of national rights by Japanese imperialism or performed an independence movement in Korea or in foreign countries before and after the seizure of national rights by Japanese imperialism until August 14, 1945. |
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 4-2 (Creation, etc. of Family Relation Register) |
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| (1) |
Persons who died without the old family register among the persons of distinguished services to national independence falling under any subparagraph of Article 4 may be subject to the creation of family relation register in accordance with the Supreme Court Regulations, notwithstanding other Acts and subordinate statutes. |
| (2) |
Children of the person of distinguished services to national independence to whom the family relation register is created under paragraph (1), his/her lineal descendant or legal representative may file a lawsuit requesting the recognition against the public prosecutor within two years from the date when they become aware of the creation of family relation register of the person of distinguished services to national independence. |
[This Article Newly Inserted by Act No. 9463, Feb. 6, 2009]
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| Article 5 (Scope of Bereaved Families, etc.) |
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| (1) |
The scope of the families or bereaved families of persons of distinguished services to national independence, who are entitled to compensation under this Act shall be as follows: <Amended by Act No. 9463, Feb. 6, 2009; Act No. 11332, Feb. 17, 2012> |
| 1. |
A spouse (including a de facto spouse: Provided, That the spouse or de facto spouse shall be excluded, where the spouse or de facto spouse is or was married to any person, other than the person of distinguished services to national independence, after the spouse or the de facto spouse was married to the latter); |
| 3. |
Grandchildren: Provided, That if all children and grandchildren are already dead as at the time the bereaved family of a person of distinguished services to national independence is first registered, one of the nearest lineal descendents of the person of distinguished services to national independence shall be deemed his/her grandchild; |
| 4. |
Daughters-in-law whose names were entered in the old family register on or before August 14, 1945. |
| (2) |
In cases of children referred to in paragraph (1) 2, only one adopted son or daughter, whom the person of distinguished services to national independence has adopted because he/she has no lineal descendent, shall be deemed his/her child: Provided, That in cases of a son or daughter adopted on or after August 15, 1945, only those who supported or supports the person of distinguished services to national independence, his/her spouse, or his/her lineal ascendant/lineal descendent shall be deemed his/her child. |
| (3) |
In cases of grandchildren referred to in paragraph (1) 3, for the adopted son or daughter of the lineal descendent of the person of distinguished services to national independence, only one adopted person because he/she has no lineal descendents shall be deemed his/her grandchild: Provided, That in cases of a grandson or granddaughter adopted on or after August 15, 1945, only those who supported or supports the person of distinguished services to national independence, his/her spouse, or his/her lineal ascendant/lineal descendent shall be deemed his/her grandchild. |
| (4) |
In cases of daughters-in-laws referred to in paragraph (1) 4, there shall be no bereaved family provided in paragraph (1) 1 through 3, who receives compensation under Article 12; but, if at least two persons exist, it shall be limited to only one person of the first priority according to her husband's priority to receive compensation. |
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 6 (Registration and Decision) |
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| (1) |
The persons of distinguished services to national independence, their families or bereaved families, who want to receive the benefit of this Act, shall apply for the registration to the Minister of Patriots and Veterans Affairs in accordance with the Presidential Decree. |
| (2) |
When the Minister of Patriots and Veterans Affairs receives the application for registration as prescribed in paragraph (1), he/she shall confirm the qualifications for the persons of distinguished services to national independence and their families or bereaved families, as prescribed by Presidential Decree, and then determine them as the beneficiary under this Act through the deliberation and decision of the merit reward judging committee (hereinafter referred to as the "merit reward judging committee") under Article 82 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State: Provided, That where the qualifications, etc. for the persons of distinguished services to national independence are confirmed by the objective facts, and which are prescribed by Presidential Decree, a deliberation and decision of the merit reward judging committee may be omitted. |
| (3) |
Where the persons of distinguished services to national independence are dead, or where there is any change in the members of bereaved families or his/her families, after the persons of distinguished services to national independence, the bereaved families or his/her families apply for the registration under paragraph (1), or are determined as the persons subject to the application of this Act under paragraph (2), they shall make a report thereon to the Minister of Patriots and Veterans Affairs. |
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 7 (Principles for Compensation) |
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The persons of distinguished services to national independence, their bereaved families or families shall be compensated according to the degree of the sacrifice and contribution of the persons of distinguished services to national independence, but the amount of compensation may be changed according to their living conditions.
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 8 (Period When One Comes to Enjoy Right for Compensation) |
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The right for compensation under this Act may be enjoyed from the month when the application for the registration under Article 6 (1) is made.
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 9 (Obligation to Maintain Personal Dignity) |
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The persons of distinguished services to national independence, their bereaved families or families shall not do any activities which are harmful to the dignity of the persons of distinguished services to national independence.
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
CHAPTER II HONORABLE TREATMENT
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| Article 10 (Honorable Treatments in Ceremony) |
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When the State, local governments, other public organizations, and schools of each level perform the important events in national holidays or commemoration days, they shall pay silent tribute to the patriotic martyrs as a part of the national ceremony and give honorable treatment to the invited persons of distinguished services to national independence in the ceremony.
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 11 (Patriot Benefits) |
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| (1) |
The patriot benefits shall be divided into a compensation, a lump sum for death, and allowances for adjusting the living conditions. |
| (2) |
The right to receive patriot benefits shall not be alienable or attachable and may not be provided as a security: Provided, That the foregoing shall not apply where the loan is made under Article 18 or the patriot benefits, etc. are redeemed under Article 35. |
| (3) |
Where persons who receive or are to receive the compensation or the allowances for adjusting the living conditions are in an institution for the aged or a nursing facility of the State or local governments, etc., and receive the support under the State's burden, the compensation amount as stipulated in Presidential Decree and the allowances for adjusting the living conditions shall not be given from the month next to that whereto belongs the date on which they begin to receive such support to the month whereto belongs the date on which they stop to receive such support. |
| (4) |
Where persons who are to receive the compensation or the allowances for adjusting the living conditions fall under Article 12 (5) 1 or 4, the compensation or the allowances for adjusting the living conditions whose payment is determined shall be paid according to the precedent for the payment of the lump sum for death under Article 13 (1) or (2). |
| (5) |
The amount and method of paying patriot benefits and other matters necessary for the payment shall be determined by Presidential Decree. |
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 12 (Compensation) |
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| (1) |
The compensation shall be paid on a monthly basis. |
| (2) |
The person of distinguished services to national independence and the person who has the first priority among his/her bereaved family members shall be entitled to receive the compensation: Provided, That in the case of the grandchildren, the compensation shall be paid to only one grandchild of the person of distinguished services to national independence who died on or before August 14, 1945, and the right to receive such compensation shall not be transferred to any other grandchild. |
| (3) |
The priority of the bereaved family members to receive the compensation shall follow the order stipulated in each subparagraph of Article 5 (1). |
| (4) |
Where two or more persons of the same priority exist among the bereaved family members to receive the compensation under paragraph (3), the compensation shall be paid according to the following classification: |
| 1. |
The oldest shall have priority over the younger, but in the case of the grandchildren, the compensation shall be paid to the oldest of the children of the first prior child of the person of distinguished services to national independence: Provided, That where a person who mainly supported the person of distinguished services to national independence exists, the person shall have priority; |
| 2. |
Notwithstanding subparagraph 1, where one person from among the bereaved family members of the same priority is designated as the one to receive the compensation by their consultation, the compensation shall be paid to the designated person. In such cases, necessary matters concerning the method, etc. of consultation among the bereaved family members shall be prescribed by Presidential Decree. |
| (5) |
Where the bereaved family member to receive the compensation falls under any one of the following subparagraphs, the compensation shall be given to the bereaved family member who has the second priority to the compensation prescribed in each subparagraph of Article 5 (1), as prescribed by Presidential Decree: |
| 2. |
When he/she comes not to fall under any subparagraph of Article 5 (1); |
| 3. |
When he/she loses the nationality; |
| 4. |
When he/she has been continually missing for not less than one year. |
| (6) |
The level of compensation payment shall be determined according to the degree of sacrifice and contribution of the persons of distinguished services to national independence, taking into consideration the national household livelihood consumption expenditure, etc. shown on the housekeeping expense survey statistics among the statistics designated and publicly announced by the Commissioner of the Statistics Korea under subparagraph 2 of Article 3 of the Statistics Act. |
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 13 (Lump Sum for Death) |
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| (1) |
Where the persons of distinguished service to national independence who have received the compensation die, the lump sum for death shall be given to their bereaved families according to the priority to receive the compensation indicated in Article 12 (3) through (5). In such cases, if no bereaved family member exists, the lump sum for death shall be given to the relevant property successor among the relatives who have lived with the person of distinguished service to national independence at the time of his/her death according to an application of the person to become a property successor. |
| (2) |
The lump sum for death to be paid when the bereaved family, receiving the compensation, of the person of distinguished service to national independence dies, shall be paid only in cases where there are no other bereaved family entitled to receive the compensation; and the lump sum for death shall be given to the relevant property successor from among the relatives who have lived with the bereaved family at the time of his/her death according to an application of the person to become a property successor. |
| (3) |
In cases under paragraphs (1) and (2), if no person to inherit the property exists, the lump sum for death may be given to the person who performs the funeral ceremony. |
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 14 (Allowances for Adjusting Living Conditions) |
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The allowances for adjusting living conditions may be given to the person of distinguished service to national independence and one person of the first priority to receive the compensation among the bereaved family members in a monthly amount, in view of his/her living conditions.
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 15 (Educational Support) |
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| (1) |
The State shall provide educational support in order for a person of distinguished service to national independence, his/her bereaved family and his/her family members to receive the necessary education at educational institutes. |
| (2) |
The persons subject to educational support services shall be as follows: |
| 1. |
Person of distinguished services to national independence and his/her spouse; |
| 2. |
Children and grandchildren of the person of distinguished services to national independence. |
| (3) |
Educational institutes which provide educational support to the persons subject to educational support services shall be as follows: <Amended by Act No. 9463, Feb. 6, 2009> |
| 2. |
Colleges under Article 2 of the Higher Education Act (including industrial colleges, colleges of education, junior colleges, distant learning colleges, and technical colleges: hereinafter referred to as "colleges") and other schools equivalent thereto: Provided, That graduate schools under Article 29-2 and graduate school universities under Article 30 of the same Act shall be excluded; |
| 3. |
Lifelong educational facilities scholastic abilities of which are recognized pursuant to the Lifelong Education Act; |
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 16 (Employment Support) |
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| (1) |
The State shall provide employment support to the persons of distinguished services to national independence, the bereaved families or the members of their families. |
| (2) |
Any person who is eligible for employment support shall be as follows: |
| 1. |
The bereaved family of a patriotic martyr; |
| 2. |
The family and bereaved family of a patriot; |
| 3. |
One child of the grandchild who is the eldest grandchild from among the bereaved family of a person of distinguished services to national independence and has difficulty getting employed due to a disease, impediment, or old age. In such cases, criteria for diseases, impediments or old age, etc. and matters necessary for the implementation of employment support shall be prescribed by Presidential Decree. |
| 1. |
A person subject to employment support for whom ten percent to the full mark is added: |
| (a) |
A patriotic martyr's bereaved family and a patriot; |
| (b) |
Where a patriot dies before the date of application for registration under Article 6 (1), the bereaved family of the patriot; |
| 2. |
A person subject to employment support for whom five percent to the full mark is added: |
| (a) |
The family of a patriot; |
| (b) |
Where a patriot dies after the date of application for registration under Article 6 (1), the bereaved family of the patriot; |
| (c) |
A person who falls under paragraph (2) 3. |
| (4) |
In implementing employment support measures under paragraphs (1) through (3), except as otherwise provided for expressly by this Act, Articles 30, 31 (2) through (5), 31-2, 32, 33, 33-2, 33-3, 34, 34-2, 35-2, 36, 37, 37-2, 38 (2) and (3), and 39 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State shall apply mutatis mutandis. <Amended by Act No. 9463, Feb. 6, 2009> |
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 16-2 (Livelihood Support) |
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| (1) |
Any agency prescribed by Presidential Decree from among the State, local governments and other public organizations shall, when it permits or entrusts the operation of a booth or the installation of a vending machine for the sale of daily living necessities, such as foodstuffs, office supplies, newspapers, within the public facilities under its jurisdiction, reflect preferentially the application of a person of distinguished services to national independence who is registered and determined under Article 6, his/her bereaved family or family when such application is filed. |
| (2) |
The person who is permitted or entrusted under paragraph (1) shall engage himself/herself in the relevant business unless he/she has a special reason such as a serious disease. |
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 17 (Medical Assistance) |
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| (1) |
The State shall provide medical assistance for the persons of distinguished services to national independence and their bereaved families or families. |
| (2) |
When the persons of distinguished services to national independence contract any disease (including any wound), they may receive medical treatments from the National medical institutions (including the veterans hospital established under Article 7 of the Korea Veterans Welfare and Health Care Corporation Act) or medical institutions of local governments, as prescribed by Presidential Decree. |
| (3) |
The State may entrust any medical institutions, others than those operated by the State or local governments, with the medical treatment provided in paragraph (2). |
| (4) |
Expenses incurred in relation to medical treatments prescribed in paragraphs (2) and (3) shall be borne by the State: Provided, That where the medical institutions of local governments give such medical treatments, local governments may partially bear medical expenses, as prescribed by Presidential Decree. |
| (5) |
The bereaved families or families of the persons of distinguished services to national independence shall receive medical treatments in the veterans hospital established under Article 7 of the Korea Veterans Welfare and Health Care Corporation Act and the State may entrust the medical treatments of them to other medical institutions, if deemed necessary. In such cases, expenses incurred in relation to such medical treatments shall be reduced or exempted, as prescribed by Presidential Decree, and the Minister of Patriots and Veterans Affairs may grant the amount of expenses so reduced or exempted to the relevant veterans hospital and other medical institutions within budgetary limits. |
| (6) |
Notwithstanding paragraph (5), a bereaved family member with the first priority who is at least 75 years of age and who is a recipient of compensation under Article 12 (2) may receive medical treatment at a medical institution designated and entrusted with medical treatment by the Minister of Patriots and Veterans Affairs, other than any veterans hospital specified in Article 7 of the Korea Veterans Welfare and Health Care Corporation Act. In such cases, a bereaved family member may be fully or partially exempted from medical expenses, as prescribed by Presidential Decree, and expenses so exempted shall be borne by the State. <Newly Inserted by Act 11332, Feb. 17, 2012> |
| (7) |
Standards for medical assistance, including the methods of and procedures for medical treatment or subsidization for medical expenses under paragraphs (1) through (6) and the scope and maximum of such medical treatment or subsidization for medical expenses shall be prescribed by Ordinance of the Prime Minister. <Newly Inserted by Act 11332, Feb. 17, 2012> |
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 18 (Loan) |
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| (1) |
The State shall make a long-term loan at a low interest to any of the following persons to secure their economical independence and stability of their living: |
| 1. |
The persons of distinguished services to national independence and their bereaved families who receive the compensation; |
| 2. |
Where there is no bereaved family member who receives the compensation of the persons of distinguished services to national independence, the person who has the first priority under each subparagraph of Article 5 (1). |
| (2) |
In applying paragraph (1) 2, when two or more persons of the same priority exist among the bereaved family members, Article 12 (4) shall apply mutatis mutandis. |
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 19 (Provision of Asylums for Aged) |
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Of the persons of distinguished services to national independence and their bereaved families who receive compensation pursuant to Article 12, the State may provide assistance for men who are at least 65 years of age or women who are at least than 60 years of age, who have no person obliged to support them (including where a person obliged to support them exists, but such person has no ability to support them as determined by Presidential Decree) at any asylum for the aged operated by the State. In such cases, the spouses of the persons of distinguished services to national independence and their bereaved family members who are protected in any asylum for the aged operated by the State are entitled to protection at any asylum for the aged, as stipulated by the Minister of Patriots and Veterans Affairs. <Amended by Act 11332, Feb. 17, 2012>
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 20 (Provision of Fostering Service) |
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With respect to persons who have no one obliged to support them (including cases where there is a person obliged to support them, but such person has no ability to support them as determined by Presidential Decree) from among the minor children and grandchildren of the persons of distinguished services to national independence, or to persons whose supporters are under the support in the asylum for the aged, they may be protected in the fostering facilities of the State: Provided, That persons who are protected in the fostering facilities, who are enrolled in the high school, the college and other schools equivalent thereto at the age of 20, or who enter the college or other schools equivalent thereto at the age of 20, may be protected in the fostering facilities concerned until they graduate from the school concerned.
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 21 (Entrustment of Protection of Aged, etc.) |
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| (1) |
When the Minister of Patriots and Veterans Affairs deems it necessary for the provision of asylum for the aged and the fostering services, he/she may entrust the fostering or protection to the social welfare facilities, such as the welfare facilities for the aged and the welfare facilities for the children. |
| (2) |
The expenses needed for the protection of the aged and the fostering of the children shall be borne by the State. |
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 22 (Right to Use Transportations Free of Charge or at Discounted Fee) |
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| (1) |
With respect to the persons of distinguished services to national independence who utilize the transportation facilities in a direct protection of the said persons facing with the difficulties in moving around without others' help, they are allowed to gratuitously utilize the transportation facilities of the State, local governments and the public organizations as determined by Presidential Decree, or to do so at the discounted fees, as prescribed by Presidential Decree. |
| (2) |
The State may grant the subsidy, within budgetary limits, to persons who furnish the transportation facilities other than those under paragraph (1) to the persons falling under paragraph (1), so as to let such persons them utilize such facilities free of charge or at the discounted rate. |
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 23 (Support for Use of Ancient Palaces, etc.) |
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The persons of distinguished services to national independence or their bereaved families or families may be admitted to the ancient palaces and public parks managed by the State or by local governments free of charge or at the discounted fees, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 24 (Priority for Allotment of Housing) |
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[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 25 Deleted.<by Act No. 7649, Jul. 29, 2005> |
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| Article 26 (Special Cases in Support for Domestic Settlement) |
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| (1) |
With respect to any of the following persons who have returned home and obtained the nationality of the Republic of Korea after residing overseas by failing to return home while taking refuge abroad during the dominion period of the Japanese imperialism, they may be paid settlement allowances that are prescribed by Presidential Decree in consideration of the relevant settlement conditions and ability to maintain living: |
| 1. |
The persons of distinguished services to national independence; |
| 2. |
Head of household from among the bereaved family of the person of distinguished services to national independence. |
| (2) |
One person of the first priority from among the persons falling under paragraph (1) 2 may be paid compensation, notwithstanding Article 12 (3) through (6). |
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 27 (Establishment and Sources of Fund) |
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| (1) |
The Project Fund for the Patriotic Martyrs and Patriots (hereinafter referred to as the "Fund") shall be raised in order to help the persons of distinguished services to national independence and their bereaved families, and to execute the project capable of exalting the spirit of the nation by succeeding the independence spirits. |
| (2) |
The Fund shall be raised from the financial resources falling under each of the following subparagraphs: <Amended by Act No. 9967, Jan. 25, 2010> |
| 1. |
The Korean won fund raised from the funds for the claim against the Japanese Government; |
| 2. |
Profits earned by the properties of pro-Japanese and anti-national collaborators to the State pursuant to subparagraph 2 of Article 2 of the Special Act on Asset Confiscation for Pro-Japanese and Anti-National Collaborators to the State (hereafter referred to as "properties of pro-Japanese" in this subparagraph) and diverted to the State or tangible or intangible properties that substitute the properties of pro-Japanese and are diverted to the State; |
| 3. |
The properties that are diverted to the State pursuant to Article 3 of the Special Act on Asset Confiscation for Pro-Japanese and Anti-National Collaborators to the State; |
| 4. |
The contributions from the State; |
| 5. |
The amount that is transferred from other accounts or other funds. |
| (3) |
If necessary for the operation of the Fund, a long-term loan may be made under the burden of the Fund. |
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 28 (Management and Operation of Fund) |
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| (1) |
The Fund shall be managed and operated by the Minister of Patriots and Veterans Affairs. |
| (2) |
Necessary matters concerning the management and operation of the Fund shall be determined by Presidential Decree. |
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 29 (Deliberative Committee for Operation of Fund) |
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The Deliberative Committee for the Operation of the Fund for the Patriotic Martyrs and Patriots and the Patriots and Veterans Fund as prescribed in Article 10 of the Patriots and Veterans Fund Act (hereinafter referred to as the "Deliberative Committee") shall deliberate on the management and operation of the Fund.
[This Article Wholly Amended by Act No. 9463, Feb. 6, 2009]
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| Article 30 (Purposes of Fund) |
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The Fund shall be used for the following purposes:
| 1. |
The payment of the subsidies for the honorable treatment and the life stabilization of the persons of distinguished services to national independence and their bereaved families; |
| 2. |
The commemoration project aimed at commemorating the movement for national independence and the project aimed at unearthing fighters for national independence and historical material pertaining to the movement for national independence; |
| 3. |
The project aimed at facilitating education and study for the purpose of fostering the national spirit and its incidental businesses; |
| 4. |
The expenses needed for the creation of the Fund and the additional expenses needed for the operation of the Fund; |
| 5. |
The projects which the Deliberative Committee deems to be necessary for the promotion of the merit and contributions to the persons of distinguished services to national independence. |
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 31 Deleted.<by Act No. 7792, Dec. 29, 2005> |
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| Article 31-2 (Opening of Fund Account) |
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The Minister of Patriots and Veterans Affairs may open an account for the Fund in the Bank of Korea.
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 32 (Fiscal Year for Fund) |
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The fiscal year for the Fund shall be determined according to the fiscal year for the Government.
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 33 (Accounting Organ for Fund) |
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| (1) |
The Minister of Patriots and Veterans Affairs shall appoint the public official in charge of the collection of Fund revenues, the public official in charge of Fund management, the public official in charge of Fund disbursements and the public official in charge of Fund receipts and disbursements in order to perform the clerical work involving the revenues and disbursements of the Fund from among the public officials under his/her control. |
| (2) |
The Minister of Patriots and Veterans Affairs may designate the posts for the public official in charge of the collection of Fund revenues, the public official in charge of Fund management, the public official in charge of Fund disbursements and the public official in charge of Fund receipts and disbursements in the Ministry of Patriots and Veterans Affairs in lieu of their appointments in accordance with paragraph (1). |
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
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| Article 33-2 Deleted.<by Act No. 8162, Dec. 30, 2006> |
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| Article 33-3 Deleted.<by Act No. 8162, Dec. 30, 2006> |
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| Article 34 Deleted.<by Act No. 6836, Dec. 30, 2002> |
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CHAPTER IV SUPPLEMENTARY PROVISIONS
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| Article 35 (Redemption of Patriot Benefits, etc.) |
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| (1) |
Where a person who received any compensation under this Act falls under any of the following, the Minister of Patriots and Veterans Affairs shall redeem the patriot benefits and educational expenses which they received (including the entrance fees, tuition fees, school support fees, and other school expenses exempted under Article 25 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, which is applied mutatis mutandis pursuant to Article 15 (4)), the subsidies under Article 55 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, which is applied mutatis mutandis pursuant to Article 18 (3), and the settlement allowances paid pursuant to Article 26 (1): <Amended by Act No. 9463, Feb. 6, 2009> |
| 1. |
Where the person receives the compensation by falsity or illegal means; |
| 2. |
Where the causes for receipt of the compensation are cancelled retroactively, after the receipt of compensation; |
| 3. |
Where the compensation is wrongly paid. |
| (2) |
When the Minister of Patriots and Veterans Affairs redeems the patriot benefits, etc. under paragraph (1), if the persons liable for returning the patriot benefits, etc. fail to return them within the period, he/she may collect them in the same manner as delinquent national taxes are collected. |
| (3) |
When the Minister of Patriots and Veterans Affairs redeems or collects the patriot benefits, etc. under paragraphs (1) and (2), if he/she deems it impossible to redeem or collect them because persons liable for returning them are missing or they have no property, or due to other inevitable causes, he/she may perform a disposal of deficit. |
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
law view
| Article 36 (Exemption from Obligation to Return) |
|
When persons who received any patriot benefit, etc. under this Act fall under Article 35 (1) 2, but the causes for receiving such patriot benefit, etc. are not attributable to them, the Minister of Patriots and Veterans Affairs may not redeem it, and exempt them from returning it notwithstanding Article 35.
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
law view
| Article 37 Deleted.<by Act No. 6338, Dec. 30, 2000> |
|
law view
| Article 38 (Suspension of Compensation) |
|
| (1) |
Where the persons of distinguished services to national independence violate this Act or orders under this Act, or commit any acts harmful to the personal dignity as determined by Presidential Decree, the Minister of Patriots and Veterans Affairs shall suspend the payment of the whole or part of the compensation receivable by them under this Act or other Acts by fixing the period within three years through the resolution of the merit reward judging committee. |
| (2) |
Where the persons of distinguished services to national independence commit a crime as determined by Presidential Decree, and are under the execution of imprisonment without prison labor or any heavier punishment, the Minister of Patriots and Veterans Affairs shall not pay the patriot benefits to be received by them during the same period. |
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
law view
| Article 39 (Exclusion from Application of This Act) |
|
| (1) |
Where the persons of distinguished services to national independence fall under any one of the following subparagraphs, the Minister of Patriots and Veterans Affairs shall exclude them from the persons subject to application of this Act, and shall not give them the honorable treatment, which the persons of distinguished services to national independence, their bereaved families or their families may receive under this Act or other Acts: <Amended by Act No. 10258, Apr. 15, 2010> |
| 1. |
Persons who violate the National Security Act, and on whom imprisonment without prison labor or any heavier punishment is confirmed; |
| 3. |
Persons who are confirmed to have serious deficits in their merit of movement for national independence by evidential data; |
| 4. |
Persons who violate any of the crimes mentioned in the following items, and on whom imprisonment without prison labor for not less than one year or any heavier punishment is confirmed: |
| (a) |
Persons who commit or attempt the crimes of Articles 250 through 253, commit or attempt the crimes of Articles 287 through 289, 292 (limited to cases falling under Articles 287 through 289), 293, commit the crimes of Articles 297 through 301, 301-2, 302, 303, 305, 333 through 336, commit the crimes of Articles 337 through 339, attempt the crimes of the former part of Articles 337, the former part of Article 338 and Article 339, and commit or attempt the crime of Article 351 (limited to those who habitually commit the crimes of Articles 347 and 348) of the Criminal Act; |
| 5. |
Persons who habitually commit an acts harmful to the personal dignity as determined by Presidential Decree; |
| 6. |
Persons who are determined as having committed pro-Japan and anti-national acts falling under any of the subparagraphs of Article 2 of the Special Act to Find the Truth of Anti-National Acts under the Colonial Rule of Japanese Imperialism. |
| (2) |
Where the bereaved families or families of the persons of distinguished services to national independence subject to or to be subject to the application of this Act are decided to be punished for a crime of Article 250, 252 or 253 of the Criminal Act, the Minister of Patriots and Veterans Affairs shall exclude them from the persons subject to application of this Act and shall not give them any compensation that they may receive under this Act. |
| (3) |
Where any person who was excluded from the beneficiary of this Act under paragraph (1) 1, 4 or 5 falls under any one of the following subparagraphs, the Minister of Patriots and Veterans Affairs may designate him/her as the persons subject to application of this Act by receiving an application for registration under Article 6 and give compensation, limited to where such person is recognized to have remarkably repented: <Amended by Act No. 9463, Feb. 6, 2009> |
| 1. |
Persons who are sentenced to imprisonment without prison labor or a heavier punishment and for whom three years have passed since the execution of punishment has been terminated or whose sentence execution has been decided to be exempted; |
| 2. |
Deleted; <by Act No. 9463, Feb. 6, 2009> |
| 3. |
In other cases than persons of subparagraph 1, persons for whom two years have passed after they have been excluded from the persons subject to application of this Act. |
| (4) |
When the Minister of Patriots and Veterans Affairs excludes the persons of distinguished services to national independence from the persons subject to application of this Act for the reasons indicated in paragraph (1) 3 or 5, or when he/she designates persons who were excluded from the persons subject to application of this Act as the persons subject to application of this Act pursuant to paragraph (3), he/she shall go through the resolution of the merit reward judging committee. |
| (5) |
Where the Minister of Patriots and Veterans Affairs desires to suspend the payment of the compensation under Article 38 (2) or desires to exclude from the persons subject to application of this Act under paragraphs (1) and (2), he/she may request the agency in charge of the criminal record to confirm the criminal career of the persons concerned. |
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
law view
| Article 40 (Restriction, etc. on Establishment of Supporting Organization for Persons of Distinguished Services to National Independence) |
|
| (1) |
Nobody may establish the organization aiming at profit making or may commit the collective or private activities under the pretext of supporting the persons of distinguished services to national independence and their bereaved families or families. |
| (2) |
No organization may use the term which is likely to be misunderstood as the names or titles of the persons of distinguished services to national independence under this Act in the title of such organization, unless it is approved by Acts. |
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
law view
| Article 41 (Delegation and Commission of Authority) |
|
| (1) |
A part of the authority of the Minister of Patriots and Veterans Affairs under this Act may be delegated to the heads of agencies under his/her control or the Jeju Special Self-Governing Province Governor, as prescribed by Presidential Decree. |
| (2) |
The Minister of Patriots and Veterans Affairs may entrust the works concerning the payment of patriot benefits, etc. to the postal service offices or the financial institutions, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
law view
| Article 42 (Application of Act on Honorable Treatment and Support of Persons, etc. of Distinguished Services to State) |
|
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
CHAPTER V PENAL PROVISIONS
law view
| Article 43 (Penal Provisions) |
|
| (1) |
Persons who receive or make someone receive the compensation as prescribed in this Act by falsity or illegal means shall be sentenced to imprisonment of not more than five years or shall be liable to a fine not exceeding five million won. |
| (2) |
Persons who attempt to commit the criminal acts indicated in paragraph (1) shall be punished. |
| (3) |
Persons who violate Article 40 (1) shall be sentenced to the imprisonment of not more than three years or shall be liable to a fine not exceeding three million won. |
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
law view
| Article 44 (Fine for Negligence) |
|
| (2) |
Persons who fall under one of the following subparagraphs shall be punished by a fine for negligence not exceeding three million won: <Amended by Act No. 9463, Feb. 6, 2009> |
| 4. |
Persons who use the title similar to that of the organization for the persons of distinguished services to national independence against Article 40 (2). |
[This Article Wholly Amended by Act No. 9083, Mar. 28, 2008]
law view
| Article 45 (Imposition and Collection of Fines for Negligence) |
|
The fines for negligence as prescribed in Article 44 shall be imposed and collected by the Minister of Patriots and Veterans Affairs, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9463, Feb. 6, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1995.
Article 2 (Repealed Acts)
The Memorial Project Fund for National Martyrs and Patriots Act shall be repealed.
Article 3 (Transitional Measures concerning Funds, etc.)
The project fund for the patriotic martyrs and patriots and the operational committee for the project fund for the patriotic martyrs and patriots established under the previous Memorial Project Fund for National Martyrs and Patriots Act at the time this Act enters into force shall be considered to be the project fund for the patriotic martyrs and patriots and the operational committee for the enterprise fund for the patriotic martyrs and patriots; the credits and debts derived from the project fund for the patriotic martyrs and patriots established under the previous Memorial Project Fund for the National Martyrs and Patriots Act shall be regarded as the credits and debts derived from the project fund for the patriotic martyrs and patriots established under this Act.
Article 4 (Transitional Measures concerning Registration)
Among persons who were registered as the persons of distinguished services to national independence, their bereaved families and families under the Act on the Honorable Treatment, etc. of the Persons of Distinguished Services to the State at the time this Act enters into force, the patriotic martyrs and patriots and their bereaved families and families shall be considered to be registered under this Act.
Article 5 (Transitional Measures concerning Compensation, etc.)
| (1) |
Persons who received or receive the compensation, the educational benefits, the job opportunity, the free medical treatment, the benefits related to the loan, and other honorable treatments and compensations which are given to the patriotic martyrs and patriots and their bereaved families or families under the Act on the Honorable Treatment, etc. of the Persons of Distinguished Services to the State at the time this Act enters into force shall be regarded as persons who received or receive the honorable treatments and compensations as prescribed in the provisions of Chapter II. |
| (2) |
Persons who receive the support as prescribed in paragraph (2) of the Addenda of the amended Act on the Enterprise Fund for the Persons of Distinguished Services to national independence, Act No. 2588 at the time this Act enters into force shall receive supports according to the previous examples. |
Article 6 (Transitional Measures concerning Order for Employment, etc.)
The order for employment and the notification of the job, which is made for the patriotic martyrs and patriots, their bereaved families or families under the provisions of the Act on the Honorable Treatment, etc. of the Persons of Distinguished Services to the State at the time this Act enters into force shall be considered to be made according to Article 16 (3) of this Act.
Article 7 (Transitional Measures concerning Decision of Loans)
Among the patriotic martyrs and patriots, their bereaved families or families, the persons who are determined as the receiver of loans under the provisions of the Act on the Honorable Treatment, etc. of the Persons of Distinguished Services to the State at the time this Act enters into force shall be considered to be determined under Article 18 of this Act.
Article 8 (Transitional Measures concerning Loaned Property, etc.)
The loaned property and the security which patriotic martyrs and patriots, their bereaved families and families provided under the Act on the Honorable Treatment, etc. of the Persons of Distinguished Services to the State at the time this Act enters into force shall be considered to be the loaned property and security under Article 18 (2) of this Act.
Article 9 (Transitional Measures concerning Redemption of Compensation, etc.)
Where the compensation, the educational subsidies, and other subsidies, etc. which were already given to patriotic martyrs and patriots, and their bereaved families and families under the Act on the Honorable Treatment, etc. of the Persons of Distinguished Services to the State at the time this Act enters into force fall under any of subparagraphs of Article 35 (1), the compensation, the educational subsidies and other subsides may be redeemed, collected, disposed as a loss, or exempted according to Articles 35 (2), (3) and 36.
Article 10 Omitted.
Article 11 (Relationship with Other Acts)
Where other Acts cited the previous Act on the Honorable Treatment, etc. of the Persons of Distinguished Services to the State and its provisions at the time this Act enters into force, and there is any provisions corresponding thereto in this Act, they shall be considered to cite this Act or the Articles corresponding to this Act.
ADDENDA<Act No. 5146, Dec. 30, 1995>
| (1) |
(Enforcement Date) This Act shall enter into force on January 1, 1996. |
| (2) |
(Transitional Measures concerning Payment of Pensions) The daughter in-law falling under Article 5 (1) 4 at the time this Act enters into force, who receives pensions, shall be paid pensions under the previous provisions, notwithstanding the amended provisions of Articles 5 (3) and 12 (2) and the provisions of Article 12 (3). |
ADDENDA<Act No. 5291, Jan. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Act No. 6338, Dec. 30, 2000>
| (1) |
(Enforcement Date) This Act shall enter into force on January 1, 2001: Provided, That the persons subject to the application under amendments to Article 4 and diverse compensations according to them shall enter into force on July 1, 2001. |
| (2) |
(Transitional Measures concerning Compensations, etc.) The persons who have received the honorable treatment and compensations, or are receiving them, under Article 2 (1) of the Addenda of Act No. 4457, the Amended Act among the Act on the Honorable Treatment, etc. of the Persons of Distinguished Services to the State at the time this Act enters into force shall be governed by the previous examples. |
| (3) |
(Transitional Measures concerning Extinctive Prescription) The amendments to Article 37 shall be also applicable to the right to receive compensations already brought about at the time this Act enters into force for which the extinctive prescription has not been completed under the previous provisions. |
ADDENDA<Act No. 6372, Jan. 16, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM<Act No. 6646, Jan. 26, 2002>
This Act shall enter into force on March 1, 2002.
ADDENDA<Act No. 6836, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 7104, Jan. 20, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation, but it shall be applicable on January 1, 2004.
Articles 2 through 4 Omitted.
ADDENDA<Act No. 7483, Mar. 31, 2005>
| (1) |
(Enforcement Date) This Act shall enter into force two months after the date of its promulgation. |
| (2) |
(Transitional Measures concerning Support of Settlement Allowance) The amended provisions of Article 26 (1) 2 and (2) shall apply starting with the bereaved family of a person of distinguished services to national independence who has returned home and obtained the nationality of the Republic of Korea for the first time after this Act enters into force. |
| (3) |
(Applicability to Collection of Compensation, etc.) The amended provisions with respect to the settlement allowance referred to in Article 35 (1) shall apply starting with the bereaved family of a person of distinguished services to national independence who has returned home and obtained the nationality of the Republic of Korea for the first time after this Act enters into force. |
ADDENDA<Act No. 7649, Jul. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six month after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 7792, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007: Provided, That the amended provisions of Articles 16 (2) and 39 shall take effect on the date of its promulgation.
Article 2 (Succession to Rights and Obligations)
The assets, credits, debts, and other rights and obligations which belong to the Project Fund for the Patriotic Martyrs and Patriots under Article 27 at the time this Act enters into force shall be succeeded to the Fund under this Act, notwithstanding Articles 20 and 44 of the State Property Act.
Article 3 (Applicability to Exclusion from Application of This Act)
The amended provisions of Article 39 (2) shall be applicable to the bereaved families or families of the persons of distinguished services to national independence who file a registration application or a report pursuant to Article 6 (1) or (3) on or after this Act enters into force.
Article 4 (Transitional Measures concerning Payment of Patriot Benefits)
Any person who receives any compensation or pension under the previous provisions at the time this Act enters into force shall be deemed to be a person who receives any patriot benefit or compensation under this Act.
Article 5 (Transitional Measures concerning Priority to Receive Compensation)
Any bereaved family member who is granted any pension under the previous provisions at the time of entry into force of this Act shall be deemed to have the priority to receive compensation, notwithstanding the amended provisions of Article 12 (2), (3) and (4) 1.
Article 6 Deleted.
ADDENDA<Act No. 8162, Dec. 30, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007.
Article 2 (Special Cases concerning Draft Plan for Fund Operation in 2007)
| (1) |
The Minister of Patriots and Veterans Affairs shall, when the Fund is set up, develop a draft plan for fund operation in 2007 and submit it to the Minister of Planning and Budget after undergoing deliberation and the vote thereon of the Deliberative Committee. |
| (2) |
Where the draft plan for fund operation is made definite, the Government shall submit it without delay to the National Assembly. In such cases, the draft plan for fund operation shall be deemed to have been deliberated and made definite after its deliberation. |
ADDENDA<Act No. 8328, Mar. 29, 2007>
| (1) |
(Enforcement Date) This Act shall enter into force on July 1, 2007. |
| (2) |
(Applicability to Employment Examination) The amended provisions of Article 16 (2) through (4) shall apply from the first examination held after this Act enters into force. |
ADDENDA<Act No. 8435, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM<Act No. 9083, Mar. 28, 2008>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 15 (3) 2 shall enter into force on April 18, 2008.
ADDENDA<Act No. 9463, Feb. 6, 2009>
| (1) |
(Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 29 and Article 44 (1) shall enter into force six months after the date of its promulgation. |
| (2) |
(Transitional Measures concerning Fines for Negligence) For the purpose of imposing a fine for negligence upon an offence committed before this Act enters into force, the former provisions shall apply to such offence. |
ADDENDUM<Act No. 9967, Jan. 25, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 10258, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM<Act No. 11332, Feb. 17, 2012>
This Act shall enter into force on July 1, 2012.
