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Support For Discharged Soldiers Act


Published: 2010-04-15

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to stabilize the livelihood of discharged soldiers and contribute to economic growth and social development by helping ex-soldiers, discharged after faithfully performing their duties to defend national land, return to civilian society smoothly and by facilitating the development and utilization of the human resources.
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
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 Article 2 (Definitions)   print
(1) The terms used in this Act shall be defined as follows:
1. The term "discharged soldier" means a person discharged from military service pursuant to the Military Service Act or the Military Personnel Management Act (including a person who retired, or exempted from military service or dismissed from the call-up for full-time reserve service; the same shall apply hereinafter);
2. The term "ex-soldier discharged from long-term service" means a person discharged from active service after serving as an officer, warrant officer, or noncommissioned officer for ten years or longer;
3. The term "ex-soldier discharged from medium-term service" means a person discharged from active service after serving as an officer, warrant officer, or noncommissioned officer for not less than five years but less than ten years;
(2) The period of military service under paragraph (1) shall be calculated by the number of years and months for a period from the month in which a person was commissioned or enlisted in the military to the month in which he/she is discharged from the service, but the periods of service during which a person has served as an officer, warrant officer, noncommissioned officer, and an enlisted rank respectively shall all be aggregated.
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
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 Article 3 (Responsibilities of State, etc.)   print
(1) The State and each local government shall endeavor to assist discharged soldiers in their return to civilian society and to develop and utilize the human resources.
(2) The State and each local government shall seek necessary measures to ensure that discharged soldiers' military careers can be recognized in civilian society and the education and skills that they have received and learned in the military can be utilized in civilian society.
(3) The State and each local government shall make efforts necessary for the improvement of employment of discharged soldiers and the stabilization of their livelihood.
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
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 Article 4 (Applications for Benefits, etc.)   print
(1) An ex-soldier discharged from medium-term service or from long-term service (referred to as "ex-soldier discharged from medium- or long-term service"hereinafter) shall, if he/she intends to receive benefits under this Act, file an application with the Minister of Patriots and Veterans Affairs, as prescribed by Presidential Decree: Provided, That the foregoing shall not apply where a person intends to receive benefits under Article 16.
(2) The Minister of Patriots and Veterans Affairs shall verify whether a person who files an application for benefits in accordance with paragraph (1) is an ex-soldier discharged from medium- or long-term service and is eligible for the application of this Act and shall determine whether to grant the benefits. In such cases, the Minister of Patriots and Veterans Affairs may request the head of an appropriate administrative agency to verify relevant facts or furnish him/her with relevant data, and the head of the appropriate administrative agency shall, upon receiving the request to verify relevant facts or furnish relevant data, comply with the request, unless any extenuating circumstances exist otherwise.
(3) Matters necessary for the application procedure under paragraph (1) and the verification of whether a person is an ex-soldier discharged from medium- or long-term service under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
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 Article 5 (Entitlement to Receive Benefits under this Act Arises or Lapses)   print
(1) An entitlement to receive benefits under this Act shall arise in the month in which an application for benefits is filed in accordance with Article 4 (1).
(2) If any of the following statuses occurs to a discharged soldier, the entitlement to receive benefits under this Act shall lapse in the month immediately following the month in which such a status occurs:
1. If he/she dies;
2. If he/she loses his/her Korean nationality;
3. If he/she falls under any subparagraph of Article 25 (1).
(3) If an application for benefits under Article 4 (1) is filed by fraudulent or other wrongful means, the entitlement to receive benefits under this Act shall lapse retroactively on the day on which the entitlement otherwise arises.
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
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 Article 6 (Assistance in Research Activities, etc.)   print
(1) The Minister of Patriots and Veterans Affairs may conduct the following activities for the support of discharged soldiers and the development and utilization of the human resources:
1. Hosting of symposiums;
2. Joint research with research institutions, etc. under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutions or Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutions;
3. Other research necessary for the support of discharged soldiers and the development and utilization of the human resources.
(2) The Minister of Patriots and Veterans Affairs may grant full or partial subsidies, within budgetary limits, to research institutions and organizations that conduct research activities with regard to the support of discharged soldiers for expenses incurred in such research activities.
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
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 Article 7 (Collection, Management, etc. of Personal Information)   print
(1) The Minister of Patriots and Veterans Affairs may collect and manage personal information for the purposes of supporting discharged soldiers (including soldiers to be discharged; the same shall apply hereafter in this Article) and the development and utilization of the human resources.
(2) The Minister of Patriots and Veterans Affairs may, if necessary for the collection and management of personal information under paragraph (1), request the Minister of National Defense or the Administrator of the Military Manpower Administration to furnish him/her with personal data about discharged soldiers. In such cases, the Minister of National Defense or the Administrator of the Military Manpower Administration shall, upon receiving the request to furnish data, comply with such request, unless any extenuating circumstances exist otherwise.
(3) The Minister of Patriots and Veterans Affairs may establish and operate a corporation to manage personal information about discharged soldiers and to provide guidance for the career and employment of ex-soldiers discharged from medium- or long-term service and the assistance in their starting up of new business. The Minister of Patriots and Veterans Affairs may grant contributions or subsidies, within budgetary limits, for expenses incurred in the establishment and operation of the corporation.
(4) Matters necessary for the details of the request for personal information under paragraph (2), the procedure for requesting and furnishing such information, and the timing to request or furnish such information shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
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 Article 8 (Factual Survey)   print
(1) The Minister of Patriots and Veterans Affairs may conduct factual surveys on the living standard of discharged soldiers in order to efficiently carry out the support under this Act for discharged soldiers.
(2) The Minister of Patriots and Veterans Affairs may, if he/she considers it necessary for the factual surveys under paragraph (1), request a State agency, a local government, or a corporation established pursuant to a Special Act that possesses relevant data to furnish such data, clearly stating specific requirements. In such cases, the agency or corporation so requested to furnish data shall comply with such request, unless any justifiable excuse exists otherwise.
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
CHAPTER II Articles 9 through 12 Deleted.<by Act No. 9397, Jan. 30, 2009>
CHAPTER III ASSISTANCE IN EMPLOYMENT AND BUSINESS START-UP
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 Article 13 (Occupational Education and Training)   print
(1) The Minister of Patriots and Veterans Affairs may provide ex-soldiers discharged from medium or long-term service (including those to be discharged from discharged from medium or long-term service; the same shall apply hereafter in this Article) with educational programs for social adaptation and occupational education and training.
(2) The Minister of Patriots and Veterans Affairs may recommend ex-soldiers discharged from medium or long-term service to an institution that provides training courses for the development of occupational skills pursuant to the Act on the Development of Workplace Skills of Workers so that they can receive training for the development of occupational skills.
(3) The State may fully or partially subsidize expenses incurred in the education for social adaptation, the occupational education and training, and the training for the development of occupational skills under paragraphs (1) and (2), within budgetary limits.
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
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 Article 14 (Employment Benefits, etc.)   print
(1) The State shall provide employment benefits to any of the following persons (referred to as "person entitled to employment benefits"hereinafter):
1. An ex-soldier discharged from long-term service not more than three years or who meets the criteria prescribed by Presidential Decree regarding the living standards, etc.;
2. One of children designated by a person who falls under subparagraph 1 and has a difficulty in getting employed due to a disease or disability that prevents him/her from supporting livelihood. Matters necessary for the criteria for the diseases and disabilities eligible for employment benefits in such cases shall be prescribed by Presidential Decree.
(2) As to the provision of employment benefits pursuant to paragraph (1), the institutions entitled to employment benefits, the duty of State agencies, etc. to employ, the inspection of the actual state of employment by State agencies, etc., the duty of enterprises, etc. to employ preferentially, the reporting of enterprises, etc., the special employment of veterans, the aggregation of career period, and the prohibition of discriminative treatment, Articles 30, 32, 33, 33-2, 33-3, 34 (1) through (4), 35-2, and 36 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. 9462, Feb. 6, 2009>
(3) If necessary in assisting ex-soldiers discharged from medium- or long-term service return to civilian society smoothly and have stable livelihood, the State may assist them in employment by counselling on career and jobs, arranging employment, and holding employment fairs in addition to the employment benefits under paragraph (1).
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
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 Article 15 (Preferential Employment for Specific Type of Job)   print
(1) When an institution entitled to employment benefits under Article 30 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (referred to as "institution entitled to employment benefits" hereinafter) recruits or employs an employee for a type of job suitable for ex-soldiers discharged from long-term service, such as safety control, it shall preferentially recruit or employ an ex-soldier discharged from long-term service, who is eligible for employment benefits and recommended by the Minister of Patriots and Veterans Affairs.
(2) The scope of types of job suitable for the employment of ex-soldiers discharged from long-term service under paragraph (1) shall be prescribed by Presidential Decree, taking into consideration the branches and specialities in the military.
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
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 Article 16 (Preferential Treatment in Employment, etc.)   print
(1) When an institution entitled to employment benefits places a limitation on the age eligible for the application for an employment examination conducted by it in order to employ an employee, it shall extend the maximum age for application by not more than three years for discharged soldiers who apply for the employment examination (including public interest service personnel discharged from military service after performing the duties under Article 26 (1) 1 or 2 of the Military Service Act; the same shall apply hereafter in this Article), as prescribed by Presidential Decree. <Amended by Act No. 9754, Jun. 9, 2009>
(2) A person who is in active service (including public interest service personnel who are performing the duties under Article 26 (1) 1 or 2 of the Military Service Act) and applies for an employment examination not more than six months before the day on which he/she is expected to be discharged from active service (or the day on which a public interest service personnel is expected to be discharged from military service) shall be deemed a discharged soldier. <Amended by Act No. 9754, Jun. 9, 2009>
(3) An institution entitled to employment benefits may include the military service period of a discharged soldier in his/her employment period, when it determines the salary grade or wage for the discharge soldier employed by the institution.
(4) If persons attained the same score in excess of the number of persons to be employed when an institution entitled to employment benefits determines the persons who successfully passed an examination, it shall determine the persons eligible for the employment benefits under this Act preferentially as the persons who successfully passed, prior to those who are not eligible for the employment benefits.
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
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 Article 17 (Support for Business Start-up)   print
The State may conduct programs necessary for counselling and education on business start-up within budgetary limits, in order to assist ex-soldiers discharged from medium- and long-term service in their starting up of new business.
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
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 Article 18 (Request to Furnish Data)   print
The Minister of Patriots and Veterans Affairs may, if necessary for supporting employment or business start-up or for paying an incentive for job change, request another State agency, a local government, a corporation established pursuant to a Special Act, or other related institution to furnish him/her with related data. In such cases, the head of a related agency or an institution shall, upon receipt of such request, comply with such request, unless any justifiable excuse exists otherwise.
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
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 Article 18-2 (Incentive for Job Change)   print
(1) The State shall pay an incentive for job change in order to promote the stabilization of livelihood of ex-soldiers discharged from long-term service and their employment and business start-up.
(2) The incentive for job change shall be paid to an ex-soldier discharged from long-term service for not more than six months, if the person conducts active activities for seeking a job (including activities for starting up of new business; the same shall apply hereinafter), as prescribed by Presidential Decree, while unemployed, and the Minister of Patriots and Veterans Affairs confirms such activities: Provided, That the incentive for job change shall not be paid to any of the following persons:
1. An ex-soldier discharged from long-term service who files an application for the payment of the incentive for job change more than six months after he/she is discharged from service;
2. A person who received or receives the retirement pension, the lump-sum retirement pension, or the lump-sum retirement pension deductions under subparagraphs 1 through 3 of Article 6 of the Military Pension Act;
3. A person who has received the full amount of the incentive for job change pursuant to paragraph (3).
(3) The incentive for job change shall be paid on a monthly basis within the maximum of 50/100 of the amount calculated by multiplying the maximum amount of the job-seeker's daily benefit under Article 46 (1) of the Employment Insurance Act by 30, but another 50/100 of the total amount payable for the remaining months from the next month may be paid in lump sum if the person who has received the incentive for job change is employed or starts up new business during the benefit period. <Amended by Act No. 9397, Jan. 30, 2009>
(4) If a person who receives the incentive for job change is employed or starts up new business, he/she shall immediately report it to the Minister of Patriots and Veterans Affairs.
(5) An entitlement to receive the incentive for job change shall not be transferred, seized, or offered as security.
(6) Matters necessary for the amount payable as the incentive for job change, the application for payment, the payment method, and the confirmation of activities for seeking a job shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
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 Article 18-3 (Suspension of Payment of Incentive for Job Change, etc.)   print
(1) If an eligible beneficiary falls under any of the following subparagraphs, the Minister of Patriots and Veterans Affairs may suspend the payment of the incentive for job change, as prescribed by Presidential Decree:
1. If the beneficiary does not actively engage in seeking a job: Provided, That the foregoing shall not apply where such inactivity is due to a disease or other cause or event specified by Presidential Decree;
2. If the beneficiary received or intends to receive the incentive for job change by fraudulent or other wrongful means.
(2) If an offense under paragraph (1) 2 has been committed or the incentive for job change has been erroneously paid, the Minister of Patriots and Veterans Affairs shall recover the incentive for job change according to the procedures prescribed by Presidential Decree or may collect it in the same manner as delinquent national taxes are collected, if he/she fails to have the incentive returned.
(3) The Minister of Patriots and Veterans Affairs may write off the incentive as a loss, if he/she has tried to recover the incentive for job change pursuant to paragraph (2), but finds that the recovery is impossible because the whereabouts of the person who is obligated to return it is not known or the person has no assets or owing to circumstances beyond his/her control.
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
CHAPTER IV EDUCATIONAL BENEFITS, MEDICAL BENEFITS, LOANS, ETC.
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 Article 19 (Education Benefits)   print
(1) The State may support an ex-soldier discharged from long-term service with abatement, exemption, or subsidization for admission fees and tuition fees, as prescribed by Presidential Decree, when he/she is enrolled in a university under Article 2 of the Higher Education Act (including an industrial college, teacher-training college, junior college, distance-learning college, and technical college) or any similar school.
(2) If an ex-soldier discharged from long-term service fails to meet the living standards specified by Presidential Decree and his/her children are enrolled in a high school under the Elementary and Secondary Education Act or a similar school, the State and the competent local government may support him/her with abatement, exemption, or subsidization for his/her children's admission fees and tuition fees, as prescribed by Presidential Decree, taking into account levels of national household consumption in the household survey statistics among designated statistics under subparagraph 2 of Article 3 of the Statistics Act.
(3) Paragraph (1) or (2) shall not apply where an ex-soldier discharged from long-term service or his/her children otherwise eligible for abatement, exemption, or subsidization for admission fees and tuition fees under paragraph (1) or (2) have benefitted from abatement, exemption, or subsidization for admission fees and tuition fees under any other Act or subordinate statute.
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
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 Article 20 (Medical Benefits)   print
(1) If it is determined that the degree of impairment of a soldier discharged from service with an injury sustained in action or on duty does not meet the requirements under Article 4 (1) 4 or 6 of the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, the State may authorize a state-run medical facility (including a veterans' hospital under Article 7 of the Korea Veterans Welfare and Healthcare Corporation Act), a local government's medical facility, or a medical facility under Article 42 (2) of the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State to provide medical treatment for the injury (excluding cases where a person intentionally aggravated his/her injury). As to the bearing of expenses in such cases, Article 42 (3) of the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State shall apply mutatis mutandis.
(2) The Minister of Patriots and Veterans Affairs may permit ex-soldiers discharged from long-term service and persons discharged from military service after participating in establishing the Armed Forces of the Republic of Korea to have medical treatment with medical expenses abated or exempted at a veterans' hospital under Article 7 of the Korea Veterans Welfare and Healthcare Corporation Act as prescribed by Presidential Decree. In such cases, the Minister of Patriots and Veterans Affairs may reimburse the veterans' hospital, within budgetary limits, for expenses incurred in abatement or exemption of medical expenses.
(3) Ex-soldiers discharged from long-term service may use military hospitals, as determined by the Minister of National Defense.
(4) If a discharged solider who suffers from a disease contracted or aggravated while in military service fully meets the following requirements, the Minister of Patriots and Veterans Affairs may permit him/her to have medical treatment for the disease with medical expenses abated or exempted. Paragraph (2) shall apply mutatis mutandis to such cases:
1. A person who was in active service or secondment service under the Military Service Act (including a person appointed as a noncommissioned officer without volunteering);
2. Where it is not medically determined and recognized that the occurrence or aggravation of a disease has considerable causal connection with education, training, or performance of duty and, thus, it is held that the person does not fall under Article 4 (1) 6 of the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, but he/she suffers from a serious disease eligible for exemption from military service (excluding cases where he/she caused the disease by intentionally or by gross negligence).
(5) The criteria and scope of serious diseases under paragraph (4) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
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 Article 21 (Loans)   print
(1) The Minister of Patriots and Veterans Affairs may grant long-term loans at a low interest rate to ex-soldiers discharged from long-term service on or after March 1, 1962 after serving as a Sergeant First Class or at a higher rank.
(2) The financial resources for the loans under paragraph (1) shall be the fund raised pursuant to Article 3 (2) 1 of the Patriots and Veterans Fund Act. <Amended by Act No. 9327, Dec. 31, 2008>
(3) Loans under paragraph (1) shall be classified into the following types:
1. Loans for purchasing farmland;
2. Housing loans (referring to loans for purchasing a residential house, loans for purchasing a housing site, loans for the construction of a new residential house, loans for the amelioration of a residential house, and loans for renting a residential house);
3. Business loans;
4. Loans for the stabilization of livelihood;
5. Loans for school expenses.
(4) The maximum amount, interest rate, and term for repayment of each type of loan shall be prescribed by Presidential Decree.
(5) As to the application and security for a loan, Articles 52, 56 through 58, and 60 through 62 of the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State shall apply mutatis mutandis.
(6) A person who borrows a loan for the amelioration of a residential house, a loan for renting a residential house, a business loan, a loan for the stabilization of livelihood, or a loan for school expenses pursuant to paragraphs (1) and (3) shall provide real estate or his/her military pension under the Military Pension Act as security to the State: Provided, That the Minister of Patriots and Veterans Affairs may permit a borrower to offer a guarantor or other property as security, if the borrower has no real estate to be offered as security or if the borrower is not eligible for the military pension under the Military Pension Act. <Amended by Act No. 9397, Jan. 30, 2009>
(7) If an applicant for a loan under paragraph (1) is a person eligible for a loan under Article 47 of the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, he/she shall choose a loan for which he/she intends to apply. If an applicant files an application for another loan after fully paying off a loan that he/she borrowed, he/she may change the existing option.
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
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 Article 22 (Preferential Supply of Residential Houses)   print
The State or a local government may supply residential houses built by the State or the local government (including residential houses built with a loan from the State) preferentially to ex-soldiers discharged from long-term service, as prescribed by Presidential Decree. <Amended by Act No. 9397, Jan. 30, 2009>
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
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 Article 23 (Use of Public Facilities)   print
(1) The State or a local government may allow ex-soldiers discharged from long-term service to use, gratuitously or at a discounted rate, old palaces, parks, and other facilities managed by the State or the local government, as prescribed by Presidential Decree.
(2) Ex-soldiers discharged from long-term service and their family members who use welfare facilities operated by the military (including physical training facilities) may be given benefits similar to those to military personnel in active service, as determined by the Minister of National Defense.
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
CHAPTER V SUPPLEMENTARY PROVISIONS
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 Article 24 (Suspension of Benefits)   print
If a discharged soldier eligible for the application of this Act is serving a sentence of imprisonment without prison labor or heavier punishment imposed for a crime under the Criminal Act, the benefits under this Act shall not be given to him/her during the term of penal servitude: Provided, That the foregoing shall not apply to a crime committed in negligence.
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
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 Article 25 (Exclusion from Eligibility for Application of This Act)   print
(1) If a discharged soldier who has benefited, or is expected to benefit, from the application of this Act falls under any of the following subparagraphs, the Minister of Patriots and Veterans Affairs shall exclude him/her from the scope of those eligible for the application of this Act: <Amended by Act No. 10258, Apr. 15, 2010>
1. A person upon whom a sentence of imprisonment without prison labor or heavier punishment imposed for a violation of the National Security Act becomes final and conclusive;
2. A person upon whom a sentence of imprisonment without prison labor or heavier punishment imposed for a violation of any provision of Articles 87 through 90, 92 through 101, and 103 of the Criminal Act becomes final and conclusive;
3. A person upon whom a sentence of imprisonment without prison labor for not less than one year or heavier punishment imposed for any of the following crimes becomes final and conclusive:
(a) A crime under any provision of Articles 250 through 253 of the Criminal Act or an attempt to commit such a crime; a crime under any provision of Articles 287 through 289, 292 (limited to cases falling under any provision of Articles 287 through 289), and 293 of the aforesaid Act or an attempt to commit such a crime; a crime under any provision of Articles 297 through 301, 301-2, 302, 303, and 305 of the aforesaid Act; a crime under any provision of Articles 333 through 336 of the aforesaid Act or an attempt to commit such a crime; a crime under any provision of Articles 337 through 339 of the aforesaid Act; an attempt to commit a crime under the former part of Article 337, the former part of Article 338 or Article 339 of the aforesaid Act; a crime under Article 351 (limited to an habitual offender under Article 347 or 348 of the aforesaid Act) of the aforesaid Act or an attempt to commit such a crime;
(b) A crime under Article 2 (1), 3 (3), or 6 (limited to an attempt to commit a crime under Article 2 (1) or 3 (3) of the Punishment of Violences, etc. Act) of the aforesaid Act;
(e) A crime under any provision of Articles 3 through 9 and 14 (limited to an attempt to commit a crime under any provision of Articles 3 through 9 of the Act on Special Cases concerning the Punishment, etc. of Victims of Sexual Crimes) of the aforesaid Act.
(2) If a person who has become ineligible for the application of this Act pursuant to paragraph (1) files an application for benefits again in accordance with Article 4 three years after he/she fully served (or is deemed to have fully served) or was fully discharged from his/her sentence, the Minister of Patriots and Veterans Affairs may determine the person eligible for the application of this Act and may grant benefits to him/her, subject to the deliberation and resolution by the Merit Reward Judgment Committee under Article 82 of the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State: Provided, That the foregoing shall not apply to a person who falls under paragraph (1) 2.
(3) When the Minister of Patriots and Veterans Affairs intends to suspend benefits under this Act for a discharged soldier pursuant to Article 24 or exclude a discharged soldier from those eligible for the application of this Act pursuant to paragraph (1), he/she may demand the agency responsible for the management of past criminal records to verify criminal records of the discharged soldier.
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
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 Article 26 (Exclusion from Eligibility for Application)   print
This Act shall not apply to discharged soldiers eligible for the application of the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State or the Act on the Honorable Treatment of Persons of Distinguished Services to Independence: Provided, That the foregoing shall not apply to benefits under Articles 13, 14 (3), 16 (1) through (3), 17, 18-2, and 21.
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
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 Article 27 (Delegation and Entrustment of Authority)   print
(1) The Minister of Patriots and Veterans Affairs may delegate some of his/her authority under this Act to the head of each affiliated agency under his/her control and the Governor of the Jeju Special Self-Governing Province, as prescribed by Presidential Decree.
(2) The Minister of Patriots and Veterans Affairs may entrust some of business affairs under his/her control under this Act to an appropriate corporation or specialized institution, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
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 Article 28 (Penal Provisions)   print
(1) A person who receives any benefit under this Act or aids and abets another person in receiving any benefit under this Act by fraudulent or other wrongful means shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding five million won.
(2) An attempt to commit a crime under paragraph (1) shall be punished.
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
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 Article 29 (Fines for Negligence)   print
(1) A person who has not complied with an employment order issued pursuant to Article 14 (2) without a justifiable excuse shall be punished by a fine for negligence not exceeding five million won. <Amended by Act No. 9462, Feb. 6, 2009>
(2) A person who has not complied with an order to correct discriminative treatment pursuant to Article 14 (2) shall be punished by a fine for negligence not exceeding three million won.
(3) Fines for negligence under paragraphs (1) and (2) shall be imposed and collected by the Minister of Patriots and Veterans Affairs, as prescribed by Presidential Decree.
(4) through (6) Deleted. <by Act No. 9397, Jan. 30, 2009>
[This Article Wholly Amended by Act No. 9080, Mar. 28, 2008]
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on May 1, 2006.
(2) (Applicability to Exclusion from Eligibility for Application of Act) The amended provisions of Article 25 (1) 1 and 3 shall apply to cases whether a discharged soldier who files an application for benefits under this Act on or after the date this Act enters into force is eligible for the benefits shall be determined.
(3) (Transitional Measure concerning Development of Cemeteries) A corporation that was entrusted by the State or a local government pursuant to the former Article 17 before this Act enters into force to develop a cemetery may continue the development project until the project is complete.
(4) Omitted.
(5) (Relationship with other Acts and Subordinate Statutes) A citation of the former Support for Discharged Soldiers Act or a provision thereof by any other Act or subordinate statute in force as at the time this Act enters into force shall be deemed a citation of this Act or the corresponding provision of this Act in lieu of the provision, if such provision corresponding thereto exists in this Act.
ADDENDUM<Act No. 8229, Jan. 3, 2007>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA<Act No. 8514, Jul. 13, 2007>
(1) (Enforcement Date) This Act shall enter into force on January 1, 2008.
(2) (Applicability) The amended provisions of Articles 18-2 and 18-3 shall apply to ex-soldiers discharged from long-term service after this Act enters into force.
(3) (Transitional Measure concerning Calculation of Military Service Period) Notwithstanding the amended provisions of Article 2 (2), a person whom the Minister of Patriots and Veterans Affairs confirmed as an ex-soldier discharged from medium- or long-term service pursuant to the former provisions at the time this Act enters into force shall be deemed an ex-soldier discharged from medium- or long-term service.
ADDENDUM<Act No. 9080, Mar. 28, 2008>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA<Act No. 9327, Dec. 31, 2008>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
ADDENDUM<Act No. 9397, Jan. 30, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 9462, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 56 Omitted.
ADDENDA<Act No. 9754, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
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.