(영문) 서울행정법원 2006.4.20.선고 2005구합28843 판결

1. The defendant shall pay to the plaintiff 36,075,00 won with 5% interest per annum from September 29, 2005 to April 20, 2006, and 20% interest per annum from the next day to the day of complete payment.

2. The plaintiff's remaining claims are dismissed.

3. Of the litigation costs, 30% is borne by the Plaintiff, and the remainder is borne by the Defendant, respectively.

Purport of claim

The defendant shall serve the plaintiff 50, 562, 00 won and a copy of the complaint of this case as to the plaintiff

It shall pay 20% interest per annum from the date of full payment.

Reasons

1. Basic facts

The following facts are not disputed between the parties, or can be acknowledged by comprehensively taking into account the whole purport of the pleadings as stated in Gap evidence 1-1-4, evidence 2-1-2, evidence 3-1 through 3, Gap evidence 5-6, Eul evidence 2 through 6, Eul evidence 7 (the same shall apply to evidence 9), Eul evidence 8 (the same shall apply to evidence 10), and Eul evidence 11.

A. ○○○, the husband of the Plaintiff, was subject to the Honorable Treatment and Support of Persons of Distinguished Service to the State (hereinafter “Honorable Treatment and Support Act”)’s decision made on June 30, 1969 as the bereaved family members (number: 26-141985) of a soldier or policeman killed in action under Article 4(1)3(a) of the Honorable Treatment and Treatment of Persons of Distinguished Service to the State and received compensation under the Registration and Honorable Treatment Act. The Plaintiff died on February 3, 1987, and the Plaintiff received compensation under the Honorable Treatment and Treatment of Persons of Distinguished Service to the State on the basis of the Honorable Treatment and Support of Persons of Distinguished Service to the State (hereinafter “the Honorable Treatment and Support Act”). The Plaintiff appears to have been subject to the Honorable Treatment and Treatment of Persons of Distinguished Service to the State on the ground that ○○ was changed to ○○’s family register under the Honorable Treatment and Treatment of Persons of Distinguished Service to the State.

B. However, the Plaintiff: (a) filed an official report with the U.S. on June 10, 1973, and received compensation on March 17, 1995; and (b) filed a report with the head of the Seoul National Office on March 14, 1996; (c) lost the Republic of Korea’s nationality by voluntarily acquiring the U.S. nationality on November 14, 1996; and (d) terminated the Plaintiff’s right to receive compensation pursuant to Article 13(2)3 of the former Honorable Treatment Act (amended by Act No. 6339, Dec. 30, 200); (b) the Plaintiff did not report the loss of the nationality to the head of the Seoul National Office on his behalf of the resident pursuant to Article 6-2 of the former Honorable Treatment Act (amended by Act No. 6627, Jan. 26, 2002; and (c) the head of the Seoul National Office did not report the loss of the nationality of the Republic of Korea to 98.

It has been managed as a sudden suspension.

C. The head of the Seoul Northern Family Branch is not identified as the plaintiff's whereabouts since June 23, 1999.

In other words, the change reported ex officio changes on the ground that "if the change has been missing for more than one year or the reason thereof ceases to exist," and requested Kim ○○ reported as the receiving agent of the Plaintiff's compensation on October 15, 199 to confirm the address, contact address, etc. to grasp the Plaintiff's whereabouts.

D. Since then on December 29, 200, Article 16 of the Act on the Immigration and Legal Status of Overseas Koreans (referred to as the "Act on Overseas Koreans", the "former Act on Overseas Koreans prior to the amendment on December 29, 2000", and in the case of provisions not subject to the amendment, the "Act on Overseas Koreans" shall be entitled to compensation under the provisions of the Act on 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 the State, etc., and Paragraph (1) of the Addenda to the Act on the Enforcement Date of the Act on the Honorable Treatment and Support of Persons of Distinguished Services to the State. The plaintiff applied for compensation from January 3, 2001 to the head of the Seoul Branch Office on June 30, 2005 in accordance with the amended Act on Overseas Koreans.

E. Accordingly, on August 12, 2005, the head of the Seoul Northern District Office paid only compensation from June 2005, to which the date of application for compensation belongs.

2. A party’s assertion and determination

A. Party’s assertion

(1) The plaintiff's assertion

(A) On November 14, 1996, the Plaintiff was unable to receive compensation pursuant to Articles 9(2) and 6-2(1)2 of the Honorable Treatment Act providing that the Plaintiff shall lose the entitlement to compensation when he loses the nationality of the Republic of Korea by acquiring the U.S. nationality.

(B) However, the former Overseas Act was enacted on September 2, 199, so that a Korean national who acquired a foreign nationality and lost the nationality of the Republic of Korea can receive compensation under the Honorable Treatment Act, etc. notwithstanding the loss of nationality (Article 16). However, under Article 16 of the previous Overseas Koreans Act, if a person who has rendered distinguished services to the State was disqualified on or before December 3, 199, the former Overseas Koreans shall not be entitled to compensation, which would be inconsistent with the principle of equity with the Act on the Honorable Treatment and Support of Persons of Distinguished Services to the State, etc. before December 3, 199. In order to enable the former Overseas Koreans to receive compensation for those persons of distinguished services to the State who have lost their nationality before December 3, 199, Article 16 of the former Overseas Koreans Act was amended to the Act on the Honorable Treatment and Support of Persons of Distinguished Services to the State.

(C) Therefore, pursuant to Article 16 of the Overseas Koreans Act as amended, the Plaintiff may receive the amount of compensation on December 29, 200, which was the enforcement date thereof. Therefore, the Plaintiff sought compensation of KRW 50,562,00 and damages for delay up to the month of May 2005, which was not yet paid to the Defendant.

(2) The defendant's assertion

(A) Article 16 of the Overseas Koreans Act provides for the authority to claim compensation under the Honorable Treatment Act. Article 9 of the Honorable Treatment Act provides for the right to claim compensation under this Act.

The period of occurrence of a right to receive compensation shall arise from the month of the day when an application for registration was made by the applicant for registration: Provided, That where a person who has not received compensation under Article 7(2) becomes entitled to receive compensation due to changes in his standard of living, the right to receive compensation shall arise from the month of the day when the application for registration was made. Accordingly, when considering the provisions of the Honorable Treatment Act, when the loss of nationality acquires a right to claim compensation under the amended Overseas Koreans Act, the right shall arise from the month of the day when the claim for compensation was made by the Honorable Treatment Act.

(B) After the loss of nationality, the Plaintiff received compensation from the month of December 1996 to the month of March 1, 1998 by failing to make a report on the actual state of nationality, even though it is not entitled to the compensation as prescribed by the Honorable Treatment Act after the loss of nationality. In the case of loss of nationality under the Honorable Treatment Act as seen above, there are circumstances where it is not possible to pay compensation for a certain period of time without any basis. On the other hand, when a person who lost nationality applies for compensation due to the amendment of the Overseas Koreans Act, it is difficult to do so after the lapse of a certain period of time in light of the fact that there is no cause for partial payment or non-payment as a matter of course, deeming that the right

C) According to the amendment of the Honorable Treatment Act from January 2001, the provision on the payment of military merit honor allowances and the allowance for the children of soldiers and policemen killed in action was newly established. Since these allowances also bring about payment from the month to which the date on which the claim was made belongs, compensation under the amended Overseas Koreans Act should also be paid in accordance with the principle of equity with other entitlements under the Honorable Treatment Act.

(D) The plaintiff, as a person whose loss of nationality is extinguished under Article 9(2) of the Honorable Treatment Act and has no registration under the Honorable Treatment Act. However, since the defendant was unable to report the loss of nationality and managed as a suspension of compensation, the plaintiff's right to claim compensation naturally shall not accrue without any new procedure.

(E) Article 2 of the Addenda to the amended Overseas Koreans Act provides that "Any person who is receiving compensation under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State or the Act on the Honorable Treatment of Persons of Distinguished Service to the State at the time of the enforcement of this Act shall be deemed to have the right to receive compensation, notwithstanding the provisions of Article 16." In light of this provision, when receiving compensation at the time of the enforcement of the Overseas Koreans Act, a separate application is not required, but a separate application is required when the person does not receive compensation at the time of the enforcement of the Act as the plaintiff. Therefore, the effect of the application shall be deemed to have the right from the date of the new application pursuant to

(b) Relevant statutes;

As shown in the attached Form.

C. Determination

(1) The date of calculating the amount of compensation (1)

According to the revised overseas Koreans law, the period of calculating the compensation under the Honorable Treatment Act of Korean with foreign nationality who had lost the nationality of the Republic of Korea before December 3, 1993 (the date of commencement of the business) is as follows:

(A) Article 9 of the former Honorable Treatment Act (amended by Act No. 6648 of Jan. 26, 2002) provides that “The right to receive compensation under this Act shall arise from the month in which the application for registration under the provisions of Article 6(1) is filed: Provided, That where a person who has not received compensation under the provisions of Article 7(2) becomes entitled to receive compensation due to changes in the degree of his living activity, the right to receive compensation shall arise from the month in which the application for registration was filed.” The main text of Article 7(2) provides that exceptions are made in the proviso.

1. (1) However, the Plaintiff has already completed registration as a bereaved family member of a person who has rendered distinguished services to the State, and is disqualified from the right to receive compensation, but the Plaintiff has maintained the registration of merit without any change in the registration of merit as follows.

The Honorable Treatment Act newly established Article 6-2 on January 13, 1997, which stipulates that when persons of distinguished services to the State have died, loss of country, etc., and changes in the status of persons of distinguished services to the State, etc. under paragraph (1) shall be reported to the Minister of Patriots and Veterans Affairs without delay. Paragraph (2) was newly established on January 26, 2002, which requires the reporter to notify the reporter of the cancellation of the registration decision under paragraph (1). Thus, there is no legal basis or material to deem that the registration decision was revoked between the Plaintiff and the amended Overseas Koreans Act enacted the amended Overseas Koreans Act from November 14, 1996 to December 29, 200, on the ground that there is no ground for the cancellation of the registration decision.

② Furthermore, even if the Plaintiff’s decision on registration under the Honorable Treatment Act was revoked, in the instant case where the entitlement to compensation was created under the amended Overseas Koreans Act, the exception provisions under the proviso of Article 9 of the Honorable Treatment Act cannot be applied.

The exception of the proviso of Article 9 of the former Honorable Treatment Act (amended by Act No. 6648 of Jan. 26, 2002) provides that "if the standard of living as an Order of Military Merit recipient, Order of National Security Merit recipient, Order of National Security Merit recipient, Order of 19 Revolution recipient, Order of 19 Revolution person and his/her bereaved family member or family member causes less than the standard of compensation but he/she becomes able to receive compensation due to changes in the standard of living, the right to receive compensation shall arise from the month of the day on which the application for compensation was filed." In full view of the provisions of Articles 11 and 12 of the Enforcement Decree of the Honorable Treatment Act, the issue of whether a person who does not have the right to receive compensation falls under the previous standard of "where he/she applied for compensation due to circumstances not clear before he/she was investigated and confirmed based on the application of a party, the right to receive compensation from the month of the date on which the application for compensation falls.

As such, the proviso to Article 9 of the Honorable Treatment Act applies to the relevant administrative agencies even before the party’s application is made, the exceptional provision is not applicable to the loss of persons who have rendered distinguished services to the State in accordance with the criteria for payment of compensation identical with the previous contents of the compensation, and the main text of Article 9 of the Honorable Treatment Act is applied unless otherwise stipulated in the payment date of compensation. Therefore, when the entitlement to compensation is acquired pursuant to the amended Overseas Koreans Act, regardless of the cancellation of the registration decision, the right to receive compensation should be deemed to have occurred on December 29, 200, which is the enforcement date of the amended Overseas Koreans Act.

(B) In addition, Article 16 of the Overseas Koreans Act was amended to allow persons who have rendered distinguished services to the State to receive compensation before December 3, 1999 under the former Overseas Koreans Act. However, if it is interpreted that persons who have rendered distinguished services to the State can receive compensation from the month they applied for compensation, it would be possible to receive compensation without suspension if they have lost their nationality after December 3, 199, and it would be able to receive compensation if they have lost their nationality after December 3, 1999, so that they would be able to receive compensation even those who have lost their nationality before and after December 3, 1999, Article 16 of the Overseas Koreans Act was amended to allow them to receive compensation. However, if it is interpreted that persons who have lost their nationality before and after December 3, 199, were able to receive compensation from the month they applied for compensation from the month they lost their nationality, it would be contrary to the purport of the Act before and after December 3, 199.

C) The purpose of the Honorable Treatment Act is to promote the stability of lives and welfare of persons who have rendered distinguished services to the State and their bereaved family members, and to contribute to the cultivation of patriotism of the people, by providing support to the honorable treatment of persons who have made distinguished services to the State or have made a sacrifice for the State, and to the military police officers, etc. corresponding to those who have rendered distinguished services to the State, thereby contributing to the promotion of their patriotism (Article 1). The Korean nationals’ country has been built on the basis of the patriotic spirit of the people, including soldiers and policemen killed and wounded in action, and thus, such contribution and sacrifice should be respected as models of noble patriotic spirit by us and us, and substantial compensation should be made so that the honorable lives of persons who have rendered distinguished services to the State and their bereaved family members may be maintained and guaranteed by responding to the degree of their contribution and sacrifice (Article 2). If the purpose of the above Honorable Treatment Act, the purport of amendment of the Overseas Koreans Act, as well as the purport that the Act was immediately enacted from the date of its promulgation, etc.

(D) In the case of loss of nationality under the Honorable Treatment Act, compensation shall not be paid for a certain period of time without any basis. The de facto circumstance does not serve as a basis to regard the right to claim compensation that seems to exist from the date of application, regardless of the loss of nationality. Furthermore, Article 75 of the Honorable Treatment Act provides that in preparation for a case where a person of distinguished service to the State, etc. has received compensation in a false or other unlawful manner, the compensation shall be recovered if there are certain reasons such as “where the person of distinguished service to the State has received compensation”.

(E) The provision on the payment of allowance for military merit honor and the allowance for the children of soldiers and policemen killed in Korean War was newly established on December 30, 200, and there is no legal basis or material to deem that the right to such allowance arises from the month of the date of application. Furthermore, since the right to claim compensation is already created from the date of registration under the main sentence of Article 9 of the Honorable Treatment Act, unlike these allowances, in practice, even if the payment of these allowances is made from the date of new hearing, there is no basis to interpret that the occurrence of all the rights under the Honorable Treatment Act takes place on the basis of the month of the date of application. Rather, as the Plaintiff, there is no change of nationality and the bereaved family members who lost their nationality before December 3, 199, and the compensation payment is equally treated as possible after December 3, 199, as far as possible, more consistent with the principle of equity.

(F) Article 2 of the Addenda to the amended Overseas Koreans Act provides that "any person who is receiving compensation under the Act on 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 the State at the time of the enforcement of this Act shall be deemed to have the right to receive compensation, notwithstanding the provisions of Article 16." This provision stipulates that this provision is only an exception to the right to receive compensation prepared in order to continuously pay compensation to the previous beneficiary in lieu of the beneficiary under the amended Act, and it shall not be deemed that Article 16 of the Overseas Koreans Act provides for matters concerning the creation of the right to receive compensation. Accordingly, this provision does not provide for the right to receive compensation from the time of application for compensation under the amended Overseas Koreans Act.

(2) The amount of compensation.

(A) Comprehensively taking account of the overall descriptions and arguments set forth in subparagraph 12-1 through 5 of Eul, the compensation to be paid to the parents of persons who have rendered distinguished services to the State who are 60 years of age or older as the bereaved family members of the soldiers and police officers from January 1, 2001 to May 31, 2005 shall be 8,58, 00, 58, 000 won ( = 715,00 won X x 12, 00), 08, 00 won ( = 79,000 won, x 00, 000 won, x 10, 000 won, x 40, 000 won, x 08, 00 won, x 10, 2000 won, x 10, 408, 204

Therefore, the defendant is obligated to pay to the plaintiff KRW 44,070,000 and delay damages.

(B) Defendant’s assertion

(1) Extinctive prescription defense

(1) First of all, the Defendant asserts that the claim for compensation falls under the “claim for the payment of money for a period not exceeding one year” under Article 163 subparag. 1 of the Civil Act, and the three-year short-term extinctive prescription has been applied. Thus, the part before September 21, 2005, which was the filing date of the instant lawsuit, was extinguished by the extinctive prescription.

( L) According to the evidence No. 4, Article 77 (1) of the former Honorable Treatment Act (amended by Act No. 6339 of Dec. 30, 2000) provides that "compensation shall expire upon the extinctive prescription in a case where the compensation does not engage in it for three years from the date on which the cause for payment occurred," but the Act was amended on Dec. 30, 2000 in order to make the extinctive prescription of the claim for compensation five years equal to that of other claims against the State, and accordingly, it can be recognized that the above provision was deleted.

Therefore, the Defendant’s assertion on the premise that the Plaintiff’s claim for compensation has expired by applying the short-term extinctive prescription of three years is without merit (in addition, the instant lawsuit claiming compensation from January 1, 2001, which was brought on September 21, 2005, for which five years have not passed since it is apparent that it was brought on September 21, 2005, and there is no part requiring five years of prescription).

(2) Offsets

(1) The defendant has the right to claim restitution of KRW 11,790 ( = 8,048,000 + 3,742,790 + 3,742,000 + 3,742,00 won + 3,742,00 won + 3,742,00 won) under the Civil Act, which was paid by the plaintiff due to the plaintiff's loss of the nationality of the Republic of Korea and the plaintiff's failure to file a new appeal. Accordingly, the defendant asserts that the above recovery claim is offset by the service of the preparatory document on March 20, 206, with the amount equal to the above compensation obligation with the automatic claim.

(L) Article 19 of the former Honorable Treatment Act (amended by Act No. 6648 of Jan. 26, 2002) provides that "the right to receive compensation shall not be transferred or seized, and shall not be offered as a security: Provided, That this shall not apply where a loan is made or a compensation is recovered under this Act," and Article 75 (1) provides that "where a person receives compensation by fraud or other improper means (Article 13)" and Article 13 of the former Honorable Treatment Act (amended by Act No. 639 of Dec. 30, 200) provides that when a survivor who is entitled to compensation loses his/her nationality, the right to receive compensation shall be extinguished.

As seen earlier, the Plaintiff was paid monthly compensation from the month of December 14, 1996 to March 1, 1998, since it fell under Article 75(1)1 of the former Honorable Treatment Act, without delay to report the loss of nationality without delay to the relevant administrative agency even though the Plaintiff’s entitlement to compensation was extinguished by acquiring the nationality of the Republic of Korea on November 14, 1996, by acquiring the nationality of the Republic of Korea, and by failing to report the loss of nationality without delay to the relevant administrative agency. Rather, upon reporting the designation of the agent on March 4, 1997, the Plaintiff reported the receipt of compensation to the overseas resident, and received the compensation from the month of December 1996 to March 1, 198. This constitutes “the case where the Defendant received compensation by fraudulent or other unlawful means” and thus, the Defendant has the right to recover the relevant compensation, and can offset the right to claim the recovery under the proviso to Article 19 of the former Honorable Treatment Act.

However, according to the above evidence, compensation paid by the defendant from December 12, 1996 to March 1, 1998 shall be KRW 450,00 ( = 5,400,00 won / 12), KRW 6,036,00 for 197, and KRW 509,000 for 0 to March 1998 (= 503,000,000 won for 0 to 30,000 won for 0,000 won for 5,00 won for 5,00,00 won for 0 to 195,00 won for 0,00 won for 0,00 won for 10,000 won for 0,00 won for 450,000 won for 6,00 won for 30,000 won for 0,000 won for 4,005,00 won for 5,000 won for .

Furthermore, the defendant asserts that the above amount of redemption includes interest at the rate of 5% per annum from the date of each payment for each month until January 2006, the above amount of redemption should be offset against the above amount of 3,742,00 won. However, as seen earlier, the above amount of the recovery claim is a claim particularly recognized under the Honorable Treatment Act, which is included in the amount of the recovery, and is not included in the interest. Accordingly, the defendant's objection to the offset against this part, premised on the premise that the interest on the collection is included in the amount of redemption as a matter of course, is not accepted.

(c) Ultimately, the defendant's above-mentioned offset defense is justified within the scope of KRW 7,95,00, and there is no reason to exceed the above-mentioned defense.

(3) Sub-decisions

Therefore, the defendant has no interest in paying the plaintiff the remaining compensation amounting to 36,075,00 won ( = 44,070, 000 won - 7,95, 000 won) and damages for delay calculated at the rate of 20% per annum as stipulated in the Civil Act from September 13, 2005 to April 20, 206, which is the day following the delivery date of a copy of the complaint of this case, to the plaintiff.

3. Conclusion

Therefore, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

Judges

Judges fixed-ranking of the presiding judge

Site of separate sheet

Rule 5

Scarbane

Relevant statutes

Nationality Act

Article 15 (Loss of Nationality by Acquisition of Nationality of Foreign Country)

(1) A national of the Republic of Korea who has acquired a foreign nationality voluntarily shall lose the foreign nationality when he/she acquired such foreign nationality.

Gu Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 4072, Dec. 31, 1988)

Article 6 (Registration)

(1) Persons who intend to be persons who have rendered distinguished services to the State, their bereaved family members or families shall apply for registration to the Minister, as prescribed by Presidential Decree.

(2) The Minister shall, upon receipt of an application for registration under the provisions of paragraph (1), grant registration after confirming the requirements as a bereaved family or family member of a person who has rendered distinguished services

Gu Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 6339 on December 30, 200)

Article 5 (Scope of Survivors, etc.)

(1) The scope of bereaved family members or families of persons who have rendered distinguished services to the State shall be as follows:

1. Spouse (including de facto spouse: Provided, That this shall not apply where the spouse or de facto spouse is or was a de facto spouse with a person who has rendered distinguished services to the State or a person other than a person who has rendered distinguished services to the State after his de facto

2. A child (referring to a person who does not leave his/her school for double daughters);

3. Parents;

4. Grandparents who have no lineal adult male descendant;

5. Minor siblings who are male under sixty years of age, female lineal ascendants under fifty-five years of age, and siblings who do not have any punishment as adult male;

6. Deleted;

7. Married daughters.

Article 13 (Order of Payment of Pension)

(1) The order of bereaved family members to receive a pension shall be the order under each subparagraph of Article 5 (1), but the bereaved family members of the same order shall take precedence over the persons who reach the age of the persons who have rendered distinguished services to the State: Provided, That the parents shall take precedence over the persons who have mainly supported

(2) When a survivor who is to receive a pension falls under any of the following subparagraphs, the bereaved family members in the following order shall be paid the pension as prescribed by Presidential Decree:

3. When he loses his nationality;

Gu Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 6372 of January 16, 2001)

Article 16-2 (Allowance for Military Merit Honors)

(1) An allowance for military merit honor shall be paid to a person who is aged 65 or older in order to honor the military merit: Provided, That this shall not apply to the person who is subject to the payment of pension under Article 12.

Article 16-3 (Allowance for Children of Soldiers and Policemen killed in Korean War)

(1) The allowance for the children of soldiers and policemen killed in action shall be paid to one person from among the children of the soldiers and policemen killed in action or in the line of duty who died before July 27, 1953 or died on duty, during the battle period under the provisions of annexed Table of the Support of War Veterans, etc. Act, and the right to receive this allowance shall not be transferred to other children: Provided, That this shall not be paid to the children of the soldiers and policemen killed in action or in the line of duty, for whom one of the bereaved family members has received the pension after January 1, 1998.

Gu Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 6627, Jan. 26, 2002)

Article 6-2 (Report on Changes in Persons of Distinguished Services to State)

When persons who have rendered distinguished services to the State, their bereaved family members or families, or persons falling under the provisions of Article 73-2 fall under any of the following subparagraphs, they shall report to the Minister without delay pursuant to the Ordinance of the Prime Minister:

1. When he dies;

2. When he loses his nationality;

7. When he has been continually missing for one year or longer or the cause thereof ceases to exist; and

8. Where there are changes to his name, address or date of birth; and

9. When he changes his status as determined by the Ordinance of the Prime Minister.

Gu Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 6648, Jan. 26, 2002)

Article 7 (Principles of Compensation)

(2) Compensation under Chapters II through VII to the Order of Military Merit recipients, Order of National Security Merit recipients, Order of National Security Merit recipients, Order of 4. 19 Revolution and Order of Special Merit recipients and their bereaved family members or families shall be provided differently according to the standard of living according to the standard of living as prescribed by the Presidential Decree: Provided, That when persons who have rendered distinguished services to the State are in office as public officials prescribed in Article 2 of the State Public Officials Act or Article 2 of the Local Public Officials Act, compensation shall not be provided in whole or in part

Article 9 (Time of Occurrence of Right to Receive Compensation)

The right to receive compensation pursuant to this Act shall arise from the month of the day that application for registration was made under the provisions of Article 6 (1): Provided, That where a person who has not received compensation under Article 7 (2) becomes entitled to receive compensation due to changes in his standard of living, the right to receive compensation shall arise from the month of the day that the application for registration was made.

Article 19 (Protection of Rights)

The right to receive compensation shall not be assigned or attached and shall not be offered as a security: Provided, That the case of loans and the redemption of a compensation, etc. pursuant to this Act shall not be applicable.

Article 75 (Recovery of Compensation, etc.)

(1) In cases where a person who has received compensation pursuant to this Act falls under any of the following subparagraphs, the compensation payments, school expenses (including entrance fees, tuition fees, etc. subsidized pursuant to the provisions of Article 25), and subsidies determined under the provisions of Article 55 shall be recovered:

1. Where he has received compensation by falsity or other illegal means;

Act on Honorable Treatment and Support of Persons, etc. of Distinguished Service

Article 1 (Purpose)

The purpose of this Act is to secure the livelihood stability and welfare improvement and to contribute to the cultivation of patriotism of the people by providing honorable treatment of persons who have rendered distinguished services to the State who have contributed or sacrificed for the State and their bereaved families, and support to the military police officers, etc. corresponding to those who have rendered distinguished

Article 2 (Basic Ideology of Honorable Treatment)

As the Republic of Korea has been built on the basis of the patriotic spirit of the people, through the contributions and sacrifices of the persons of distinguished service to the State, including soldiers and policemen killed and wounded in action, in order that these contributions and sacrifices may be permanently respected as models of noble patriotic spirit by us and our descendants, substantial compensation should be granted to ensure that the honorable lives of persons of distinguished service to the State and their bereaved family members may be maintained and guaranteed in accordance with the extent of their contributions and sacrifices.

(1) Persons who have rendered distinguished services to the State and their bereaved family members, etc. (including those who are provided to receive the honorable treatment under this Act) falling under any of the following subparagraphs shall be given the honorable treatment under this Act:

3. Soldiers or policemen killed in action: Persons falling under any of the following items:

(a) A soldier or policeman who died in combat action or in the performance of duties corresponding to it (including a civilian military employee who died in combat action or in the performance of duties corresponding to it prior to December 31, 1959);

7. An Order of Military Merit recipient: A person who has been awarded the Order of Military Merit;

7-2. The Order of National Security Merit recipient: A person who has received the Order of National Security Merit;

9. Deceased Activist of the April 19 Revolution: A person who participated and died in the Revolution before or after April 19, 1960;

10. Wounded Activist of the April 19 Revolution: Prize of a person who participated and was wounded in the Revolution before or after April 19, 1960, and who was awarded such award;

This degree is harmful to the disability rating under Article 6-4, in a physical examination conducted by the Minister of Patriots and Veterans Affairs.

person who is found to have suffered physical disability;

10-2. Persons of distinguished service to the Revolution; subparagraphs 9 and 10 from among those who participated in the Revolution that occurred before or after April 19, 1960;

a person who has received the National Foundation Medal

13. Special contributors to national and social development, killed in the line of duty (hereinafter referred to as "special contributors"): contributors who have made distinguished service to national and social development.

The State Council shall be subject to the application of this Act, from among persons who have died in relation to their meritorious services.

person in a partnership

14. Special Contributor to National and Social Development (hereinafter referred to as "special contributor"): Contributor to national and social development; and

The Minister of Patriots and Veterans Affairs shall have been wounded in relation to his/her meritorious service and the degree of his/her disability shall be the office

physical examination in the City, any physical disability falling within that degree of injury as prescribed in Article 6-4.

Any person determined by the State Council to be subject to the application of this Act;

15. Special contributors to national and social development (hereinafter referred to as "special contributors"): contributors to national and social development.

Persons not falling under subparagraphs 13 and 14 among those who do not fall under subparagraphs 13 and 14, and subject to the State Council

person who has been resolved;

Article 5 (Scope of Survivors, etc.)

(1) The scope of bereaved family members or families of persons who have rendered distinguished services to the State shall be as follows:

3. Parents;

Article 6-2 (Reporting, etc. on Changes in Persons of Distinguished Service)

(2) The Minister of Patriots and Veterans Affairs shall, upon receiving the report as provided in paragraph (1), notify the reporter of measures such as change of the order of the bereaved family, action to determine the registration, and decision of additional registration.

Article 9 (Time, etc. of Occurrence and Termination of Right to Receive Compensation)

(2) Where a person who has rendered distinguished services to the State, his/her bereaved family member or family member, or a person falling under Article 73-2 falls under any of Article 6-2 (1) 1 through 3 and 6, the right to receive compensation under this Act shall be extinguished from the month following the month in which the relevant cause occurs.

Enforcement Decree of the Act on the Honorable Treatment and Support of Persons of Distinguished Service

Article 11 (Standard of Living Standards, etc.)

(1) The Minister of Patriots and Veterans Affairs shall determine the standard living standards for the recipients of the Order of Military Merit, the Order of National Security Merit recipient, the Order of National Security Merit recipient, the Order of 19 Revolution and the Special contributor, his/her bereaved family members, or his/her family members who may change the details of compensation under Article 7 (2) of the Act. In such cases, the standard living standards may be determined differently according to the Order of Military Merit, in consideration of the general standard living wage, the fluctuation in prices, etc.

(2) The details of compensation based on the standard of living under Article 7 (2) of the Act shall be determined by the Minister of Patriots and Veterans Affairs. In such cases, the details of compensation may be determined differently according to the relevant meritorious deeds.

Article 12 (Application, etc. for Compensation Based on Changes in Standard of Living)

(1) Where an Order of Military Merit recipient, Order of National Security Merit recipient, Order of National Security Merit recipient, Order of 4. 19 Revolution, person of special merit and his/her bereaved family or family members intend to receive compensation differently from the details of compensation due to changes in their living standards, he/she shall submit an application for military merit to the head of the competent office or the head of the branch office pursuant to

(2) The head of the competent office or branch office in receipt of an application under paragraph (1) shall investigate and confirm the actual conditions of living, and determine the details of compensation.

Article 29 (Date of Payment of Compensation)

(1) Pension, nursing allowances, living adjustment allowances, public honor allowances, and allowances for children of soldiers and police officers killed in action on June 25, 12, 14, 15, 16-2, and 16-3 of the Act shall be paid on the 15th day of each month: Provided, That where the day on which the compensation is paid falls on a Saturday or a public holiday, it shall be paid on the preceding day.

Gu Act on the Immigration and Legal Status of Overseas Koreans (amended by Act No. 6307 of Dec. 29, 2000)

Article 16 (Compensation for Persons of Distinguished Services to the State, Persons of Distinguished Services to National independence and their Survivors)

A Korean national residing abroad who loses the nationality of the Republic of Korea due to the acquisition of a foreign nationality may receive compensation under the Act on Honorable Treatment and Support of Persons of Distinguished Services to the State or the Act on the Honorable Treatment of Persons of Distinguished

Addenda

(1) This Act shall enter into force on the date of its promulgation.

(2) Notwithstanding the amended provisions of Article 16, a person who receives compensation under the Act on the Honorable Treatment of Persons of Distinguished Services to the State or Persons of Distinguished Services to Independence at the time this Act enters into force shall be deemed a person entitled to receive compensation.

Act on the Immigration and Legal Status of Overseas Koreans;

Article 2 (Definitions)

The term “overseas Korean” used in this Act means a person who falls under any of the following subparagraphs:

1. Korean nationals who have acquired permanent residence in a foreign country or reside in a foreign country for the purpose of permanent residence;

Persons who are staying (hereinafter referred to as "Korean nationals residing abroad")

2. A person who has held the nationality of the Republic of Korea (including those who had emigrated abroad before the establishment of the Government of the Republic of Korea.

(3) A person prescribed by the Presidential Decree from among those who have acquired a foreign nationality as their lineal descendants (hereinafter referred to as a "foreign nationality").

National Koreans (hereinafter referred to as "Korean nationals")

Article 16 (Compensation for Persons of Distinguished Services to the State and their Survivors)

A foreign nationality Korean may receive compensation under the Act on the Honorable Treatment of and Support for Persons of Distinguished Services to Independence.

참조조문

-국가공무원법 제2조

-국가유공자 등 예우 및 지원에 관한 법률

-국가유공자 등 예우 및 지원에 관한 법률 시행령

-재외동포의 출입국과 법적 지위에 관한 법률

-재외동포의 출입국과 법적 지위에 관한 법률 제16조

-지방공무원법 제2조

유사 판례

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