Research Report
A Study on the Enactment of Special Law on the Support for the Descendants of the Independent Meritorious Persons Who Have Returned from Overseas
Ⅰ. Backgrounds and Purposes
▶ Backgrounds
○ Among the descendants of the independent meritorious persons who lived abroad during the Japanese occupation, it is necessary to encourage and support the permanent return and settlement of the great-grandchildren or younger of the deceased and their accompanying families, who are not protected by the current Act on the Honorable Treatment of Persons of Distinguished Services to Independence. This is intended to foster national patriotism of the people and to inspire the pride of the descendants of the independent meritorious persons by spreading the perception that the state bears responsibility for the families of those who have devoted themselves to the country.
○ Article 4 of Act on the Honorable Treatment of Persons of Distinguished Services to Independence stipulates that martyrs for our country, patriots, and their bereaved families or their families are subject to this law, and are treated honorably. Most of the special naturalized persons related to independent meritorious persons are descendants of great-grandchildren or younger, and all direct descendants of those are subject to special naturalization under Nationality Act.
○ According to Nationality Act, all direct descendants of the independent meritorious persons are subject to special naturalization, but some of them are not included in the support under Act on the Honorable Treatment of Persons of Distinguished Services to Independence. Regarding the support for the independent meritorious persons and their descendants, it is necessary to expand the support because it is impossible to support the funerals of the independent meritorious persons and the bereaved families under the current law. Thus, There is a need to establish legal basis to encourage and support the permanent return and settlement of the great-grandchildren or younger of the deceased and their accompanying families.
▶ Purposes
○ This study is to examine the necessity of legislations related to support for the descendants of the independent meritorious persons and then to analyze the necessity of establishing legal basis related to support the descendants of those, which is intended to support the great-grandchildren or younger as the descendants of national veterans policies. Thus, the purpose of this study is to contribute to the fostering national patriotism and the inspiring the pride of the descendants of the independent meritorious persons by preparing the legal and institutional measures to encourage and support the permanent return and settlement of the great-grandchildren or younger and their accompanying families of the descendants of the independent meritorious persons in Korea.
Ⅱ. Main Contents
▶ Analysis of Current Laws and Systems Related to Support for the Descendants of the Independent Meritorious Persons
○ Analysis of the current status of laws and problems related to support for the independent meritorious persons
- With the analysis of history and general status of laws related to support for the descendants of the independent meritorious persons, the number of recipients of support is small, and as the 77th National Liberation Day is celebrated, the number of survivors of the independent meritorious persons and their bereaved family, who are eligible for support under current laws, continue to decrease. It is necessary to expand the scope of the descendants of the independent meritorious persons returning from overseas in order to properly honor them for their sacrifice and dedication.
▶ Comparative Study on the Persons of Distinguished Service to the State and the Persons of Similar Policies
○ This study contributes to securing the effectiveness of policy promotion by comparing and analyzing the support plan for the descendants of the independent meritorious persons returning from overseas and in Korea, and similar policy subjects.
- Various support related to settlement in Korea will be needed in that the descendants of the independent meritorious persons are the great-grandchildren or younger as a target to expand the scope of support.
- For this purpose, the implications are drawn by comparing the support for national meritorious persons, North Korean defectors, Sakhalin Koreans, and naturalized foreigners.
▶ Review of Legislative Measures to Support the Descendants of the Independent Meritorious Persons Returning from Overseas
○ As a long time has passed since the independence movement and liberation, the number of the independent meritorious persons and their descendants who are the target of the support is about 500. Thus the number of administrative subjects is small. In this way, when the legislation is promoted to support a small number of administrative subjects, the legislative policy plan is presented by comparing the method of amending relevant current laws such as Act on the Honorable Treatment of Persons of Distinguished Services to Independence with the enactment of a separate special law.
- In accordance with the Nationality Act, all direct descendants of the independent meritorious persons are subject to special naturalization, but some of them are not included in the support under Act on Honorable Treatment of Persons of Distinguished Services to Independence. In order to encourage and support the permanent return and settlement of the great-grandchildren or younger of the independent meritorious persons and their accompanying families, the legal basis for supporting them is reviewed.
○ Based on the above review, the enactment of the Special Act for the Support of the Descendants of the Independent Meritorious Persons Returning from Overseas and the amendment of the current Act on Honorable Treatment of Persons of Distinguished Services to Independence are presented.
Ⅲ. Expectation
○ By contributing to the improvement of life stability and welfare through the support for the descendants of independent meritorious persons returning from overseas, this study contributes to fostering national patriotism of the people and inspiring the pride of the descendants of independent meritorious persons.
○ This study provides basic data that can be used for future institutionalization through the review of the institutionalization plan with researching the support systems.