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Selected Statutes of the Republic of Korea |
제17편 국가보훈 국가보훈기본법
FRAMEWORK ACT ON VETERANS AFFAIRS
Act No. 7572, May 31, 2005
Amended by Act No. 9395, Jan. 30, 2009
CHAPTER Ⅰ GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to provide for fundamental matters pertaining to veterans affairs in order to honor the noble spirit of
persons who have dedicated their lives for or made contributions to the country and to help
such persons and their bereaved families and dependents lead dignified
lives, thereby contributing to enhancing people's patriotism.
Article 2 (Basic Ideology)
The Republic of Korea, today, has been built on the noble spirit of persons who sacrificed for and contributed to the country. We
and our posterity
shall remember and honor their spirit, making it our spiritual foundation based on which contribution to national harmony and national
development
shall be the basic ideology of veterans affairs.
Article 3 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term persons who sacrificed or contributed means those who specially made sacrifices or contributions for any of
the following
purposes and who fall under the eligibility requirements provided by the Acts and subordinate statutes pertaining to veterans
affairs:
(a) National independence from the Japanese rule;
(b) National defense or security;
(c) Development of liberal democracy of the Republic of Korea;
(d) Execution of official duties including protection of the life or property
of the people.
2. The term persons entitled to veterans benefits means those who sacrificed or contributed and their bereaved families and
dependents,
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FRAMEWORK ACT ON VETERANS AFFAIRS
who shall be granted honorable treatment and support under the Acts
and subordinate statutes pertaining to veterans affairs;
3. The term Acts and subordinate statutes pertaining to veterans affairs<.. image removed ..>
means any Act and subordinate statute pertaining to the honorable treatment of and support to persons entitled to veterans
benefits.
Article 4 (Relationship with other Acts)
Where any other Act pertaining to veterans affairs is enacted or amended, such enactment or amendment shall be made in a way that complies with the purposes and basic ideology of this Act.
Article 5 (Duties of the State and Local Governments)
(1) The State and local governments shall endeavor to honor the meritorious deeds and patriotism of persons who sacrificed or contributed
as well as to lay the foundation for honorable treatment of persons entitled to veterans
benefits.
(2) The State and local governments shall establish and implement policies necessary for realization of the basic ideology as provided
by Article 2.
(3) When establishing or implementing policies pertaining to the welfare
of citizens or residents, or when enacting or amending any Act and subordinate statute, the State and local governments shall take
such active
measures as giving preferential consideration to persons entitled to veterans
benefits.
(4) The State and local governments shall endeavor to secure financial resources needed for State veteran affairs operations.
Article 6 (Duties of the People)
All citizens shall respect the meritorious deeds and patriotism of persons who sacrificed or contributed, and shall actively cooperate
on policies of
the State and local governments devised to honor them.
Article 7 (Duty to Maintain Dignity of Persons Entitled to Veterans
Benefits)
Persons entitled to veterans benefits shall, in consideration of the fact that the meritorious deeds and patriotism of persons
who sacrificed or
contributed would serve as an example to the people, maintain dignity
so as to attain people's respect.
CHAPTER Ⅱ BASIC PLANS FOR
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제17편 국가보훈 국가보훈기본법
DEVELOPMENT OF VETERANS AFFAIRS AND IMPLEMENTATION PROCESS
SECTION 1 Establishment and Implementation of Basic Plans for Development of Veterans Affairs
Article 8 (Establishment, etc. of Basic Plans for Development of Veterans
Affairs)
(1) The Minister of Patriots and Veterans Affairs shall establish a basic plan for the development of veterans affairs (hereinafter
referred to as basic plan ) every five years, following consultations with the heads of
related central administrative agencies and deliberation by the National
Veterans Affairs Commission under Article 11. (2) A basic plan shall include the following:
1. Primary objectives and directions of development of veterans affairs;
2. Detailed tasks for each of the following items and methodologies therefor: (a) Matters pertaining to the promotion of the meritorious
deeds and
patriotism of persons who sacrificed or contributed and enhancement
of people's patriotism;
(b) Matters pertaining to compensation to persons entitled to veterans benefits;
(c) Matters pertaining to the honorable treatment of persons entitled to veterans benefits in the society;
3. Matters pertaining to the procurement and management of resources
in connection with veterans affairs;
4. Matters pertaining to international exchange and cooperation in connection with veterans affairs;
5. Other matters acknowledged as necessary for veterans affairs.
(3) The provisions of paragraph (1) shall be applied mutatismutandis
to any change in a basic plan: Provided, That this shall not apply to any
amendment of an Act and subordinate statute or any change in a trivial
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FRAMEWORK ACT ON VETERANS AFFAIRS
matter, such as revision of relevant business plans of the related government
agencies.
(4) Where a basic plan is established or revised pursuant to paragraph
(1) or (3), the Minister of Patriots and Veterans Affairs shall immediately notify the heads of related central administrative agencies
of such fact.
Article 9 (Establishment and Implementation of Action Plans)
(1) The Minister of Patriots and Veterans Affairs and the heads of related central administrative agencies shall establish and implement
annual action plans (hereinafter referred to as action plans ) in compliance with a basic
plan.
(2) The Minister of Patriots and Veterans Affairs and the heads of related central administrative agencies shall revise action plans
and take necessary
measures, if such revision of the action plans is necessary due to revisions
of any provision of a basic plan pursuant to Article 8 (3).
(3) The heads of local governments related to any action plan shall take necessary measures so that such action plan can be implemented
effectively.
(4) The heads of central administrative agencies and the heads of local governments shall immediately notify the Minister of Patriots
and Veterans
Affairs of any action plan established or revised pursuant to paragraphs
(1) through (3) as well as the results of the measures taken accordingly.
Article 10 (Subsidization of Expenses)
The State may partially subsidize the expenses to be incurred by local governments in implementing a basic plan within budgetary limits.
SECTION 2 National Veterans Affairs Commission, etc.
Article 11 (National Veterans Affairs Commission)
In order to deliberate on important policies pertaining to veterans affairs, there shall be established the National Veterans
Affairs Commission
(hereinafter referred to as Commission ) under the jurisdiction of the
Minister of Patriots and Veterans Affairs. <AmendedbyAct9396,Jan.30,2009>
Article 12 (Functions of the Commission)
The Commission shall deliberate on the following matters: <AmendedbyAct
9396,Jan.30,2009>
1. Matters pertaining to direction-setting for veterans affairs;
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제17편 국가보훈 국가보훈기본법
2. Matters pertaining to the establishment and revision of a basic plan;
3. Matters pertaining to the defining of the scope and standards of veterans affairs, including new entitlement of persons to
veterans benefits;
4. Important matters pertaining to veterans affairs, including determination of the compensation levels for persons entitled
to veterans
benefits;
5. Matters pertaining to the coordination of important policies related to veterans affairs;
6. Matters pertaining to policies to support discharged servicemen;
7. Other matters acknowledged by the chairperson as requiring deliberation by the Commission in connection with veterans affairs.
Article 13 (Constitution of the Commission)
(1) The Commission shall be comprised of no more than 35 members, including one chairperson and one vice-chairperson. <AmendedbyAct9396,
Jan. 30, 2009>
(2) The Minister of Patriots and Veterans Affairs shall be the chairperson,
and the vice-chairperson shall be appointed or commissioned by the chairperson from among members falling under subparagraph
2, and any
person falling under any of the following subparagraphs shall serve as a member: <AmendedbyAct9396,Jan.30,2009>
1. A public official of a related central administrative agency as provided
by Presidential Decree;
2. Any person commissioned by the chairperson from among those who have abundant knowledge and experience about veterans affairs.
(3) The term of office of members of the Commission under paragraph
(2) 2 shall be two years. <AmendedbyAct9396,Jan.30,2009>
(4) There may be established a sub-committee within the Commission
in order to render efficient support to the Commission. <Amendedby Act9396,
Jan.30,2009>
(5) Matters necessary for the constitution and operation of the Commission
and sub-committees shall be prescribed by Presidential Decree. <Amended
byAct9396,Jan.30,2009>
Article 14 (Duties of Chairperson)
(1) The chairperson shall represent the Commission and exercise the overall control of its affairs.
(2) Where the chairperson is unable to perform his/her duties due to
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FRAMEWORK ACT ON VETERANS AFFAIRS
unavoidable reasons, such as an accident, the vice-chairperson shall take
over the duties, and where both the chairperson and the vice-chairperson are unable to perform their duties due to unavoidable reasons,
such as
an accident, a member of the Commission who has been designated by the chairperson in advance shall take over the duties.
(3) The chairperson shall record and keep minutes of a meeting indicating
the date, place, agenda items, resolutions, etc.
Article 15 (Establishment and Operation, etc. of Survey and Research
Institutes)
(1) The State may conduct surveys and research on veterans affairs. (2) The State may establish a survey and research institute,
or commission
institutes, universities, or other relevant professional institutions, as deemed necessary, to carry out surveys and research
pursuant to paragraph
(1).
Article 16 (Research for Establishment of Policies on Veterans Affairs) The Minister of Patriots and Veterans Affairs may conduct surveys on the actual conditions of life and welfare of the persons entitled to veterans benefits, people's awareness of veterans affairs, etc. in order to use the results in establishing policies on veterans affairs.
Article 17 (Cooperation of Heads of Institutions Concerned)
(1) The Minister of Patriots and Veterans Affairs and the heads of related central administrative agencies may, if deemed
necessary for the
establishment and implementation of basic plans and action plans, request the heads of related administrative agencies, local governments,
public
institutions and other corporations or organizations (hereinafter referred
to as heads of the institutions concerned ) to provide cooperation, such as submission of documents.
(2) The Commission may, if deemed necessary for performing duties under
Article 12, request the heads of the institutions concerned to provide cooperation, such as submission of documents.
(3) The Minister of Patriots and Veterans Affairs may, if deemed necessary
for conducting surveys under Article 16, request the heads of the institutions concerned to provide cooperation, such as submission
of documents.
(4) Where the heads of the institutions concerned receive a request for
cooperation under paragraphs (1) through (3), they shall comply with such request unless there is any justifiable ground
not to do so.
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제17편 국가보훈 국가보훈기본법
CHAPTER Ⅲ HONORABLE TREATMENT
AND SUPPORT
Article 18 (Principles of Honorable Treatment and Support)
The State and local governments shall provide honorable treatment and support to persons entitled to veterans benefits commensurate
with their
sacrifices and contributions.
Article 19 (Provision of Honorable Treatment and Support)
(1) The State shall pay compensation, etc. to persons entitled to veterans benefits as provided by relevant Acts and subordinate statutes.
In such
cases, the payment level shall be determined in consideration of the amount
of spending among the households nationwide, etc.
(2) The State and local governments shall seek necessary measures on honorable treatment and support to persons entitled to veterans
benefits,
such as stabilization of livelihood and improved welfare.
Article 20 (Entitlement to Honorable Treatment and Support)
(1) Persons entitled to veterans benefits have the right to receive honorable treatment and support pursuant to the Acts and
subordinate statutes
pertaining to veterans affairs.
(2) Any person who intends to receive honorable treatment and support pursuant to paragraph (1) shall register with or apply to
the Minister
of Patriots and Veterans Affairs as provided by the Acts and subordinate statutes pertaining to veterans affairs.
Article 21 (Protection of Right)
The right of persons entitled to veterans benefits to receive honorable treatment and support may not be transferred or furnished
as security to other persons except when provided by Acts and subordinate statutes
pertaining to patriots and veterans affairs, and no other person may seize
the said right.
CHAPTER Ⅳ CREATION AND PROMOTION OF CULTURE HONORING
PATRIOTS AND VETERANS
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FRAMEWORK ACT ON VETERANS AFFAIRS
Article 22 (Efforts to Create and Promote Culture Honoring Patriots and
Veterans)
The State and local governments shall actively endeavor to create and promote a culture that commemorates and honors the meritorious
deeds
and patriotism of persons who sacrificed or contributed.
Article 23 (Promotion of Projects Honoring Meritorious Deeds)
(1) The State and local governments shall carry out the following projects in order to honor the meritorious deeds and patriotism
of persons who
sacrificed or contributed:
1. Commemorative projects and memorial projects;
2. Establishment and management of facilities to honor the meritorious deeds and patriotism of persons who sacrificed
or contributed
(hereinafter referred to as facilities for promotion of meritorious deeds )
3. Education to enhance patriotism of the people;
4. Consolation and encouragement of persons entitled to veterans benefits;
5. Other projects commemorating the meritorious deeds and patriotism of persons who sacrificed or contributed.
(2) The State and local governments may carry out projects as provided by paragraph (1) in collaboration with, or by commissioning
to, public
institutions, private organizations, etc. In such cases, the public
institutions, private organizations, etc. may be provided with financial and/or administrative support.
(3) The Minister of Patriots and Veterans Affairs may request the heads
of the institutions concerned to provide education pursuant to paragraph
(1) 3. In such cases, the heads of the institutions concerned who have received said request shall render active cooperation.
Article 24 (Pledge of Allegiance and Honorable Treatment by Protocol) The State, local governments and schools of all levels shall, when there is an important ceremony for national holidays and/or anniversaries, conduct the pledge of allegiance, including silent tributes to patriotic martyrs and deceased patriots, and honorably treat persons entitled to veterans benefits who are invited to such ceremonies in terms of protocol by such means as preferential seating arrangement.
Article 25 (Designation, etc. of Anniversaries and Memorial Days)
(1) The State and local governments may designate anniversaries or
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제17편 국가보훈 국가보훈기본법
memorial days based on specific regions, time, incidents, etc. related to
persons who sacrificed or contributed, and carry out various events commemorating such persons who sacrificed or contributed.
(2) The State shall designate June of every year as the Memorial Month in order to honor the meritorious deeds and patriotism of persons
who
sacrificed or contributed and to create and promote a culture honoring
patriots and veterans.
(3) The State and local government may, if deemed necessary to commemorate the meritorious deeds and patriotism of persons
who sacrificed
or contributed, name any airport, harbor, road, street, square, park, train station, subway station, etc. after the names, etc. of
persons who sacrificed
or contributed.
Article 26 (Establishment, etc. of Facilities for Promotion of Meritorious
Deeds)
(1) The State and local governments may designate and preserve as facilities for promotion of meritorious deeds any building, sculpture,
historic site,
certain area, etc. pertaining to persons who sacrificed or contributed
pursuant to relevant Acts and subordinate statutes in order to commemorate the meritorious deeds and patriotism of such persons who
sacrificed or
contributed.
(2) The State and local governments shall make efforts to build memorial centers, exhibition centers and/or sculptures to
commemorate the
meritorious deeds and patriotism of persons who sacrificed or contributed,
and may recommend installation of symbolic artworks, including bust sculptures of such persons who sacrificed or contributed
at major buildings,
etc., such as public institutions.
(3) When designating and preserving facilities for promotion of meritorious deeds pursuant to paragraph (1) or building memorial centers,
exhibition
centers and/or sculptures pursuant to paragraph (2), the State and local
governments may name them after the names, etc. of persons who sacrificed or contributed.
(4) Where a private organization, etc. builds or installs a memorial center,
exhibition center, sculpture, or symbol, etc. pursuant to paragraph (2), the Minister of Patriots and Veterans Affairs may partially
subsidize the
expenses to be incurred in building such memorial center, etc. as provided
by the Acts and subordinate statutes pertaining to veterans affairs.
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FRAMEWORK ACT ON VETERANS AFFAIRS
Article 27 (Burial, etc. at National Cemeteries, etc.)
Where any person who sacrificed or contributed is deceased, the State and local governments may bury him/her at a national cemetery,
etc. as
provided by the Acts and subordinate statutes concerned.
Article 28 (Enhancement of International Exchange and Cooperation) The State shall make endeavors and take necessary measures to pursue and enhance international exchange and cooperation, including exchange of information pertaining to veterans affairs, the establishment and operation of an institution for joint surveys and research, the joint hosting of events, etc. with foreign governments, organizations, etc.
Article 29 (Support for Surveys and Research)
Where a public institution, research institute, corporation, organization, etc. carries out academic surveys and research pertaining
to the honoring of the meritorious deeds and patriotism of persons who sacrificed or
contributed, the State and local governments may provide necessary support
pursuant to the Acts and subordinate statutes concerned.
Article 30 (Encouragement of Participation of Citizens)
The State and local governments shall make endeavors to create conditions for encouraging participation of the private sector in connection
with the
honoring of the meritorious deeds and patriotism of persons who sacrificed or contributed, and the creation and promotion of a culture
that honors
patriots and veterans.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Registration, etc.) Any person who has registered with or applied for support pursuant to the
Acts and subordinate
statutes pertaining to veterans affairs as at the time this Act enters into force
shall be regarded as having registered or applied for support pursuant to Article
20 (2).
ADDENDUM <Act No. 9395, Jan. 30, 2009>
This Act shall enter into force three months after the date of its promulgation.
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