Research Report
A Study on the Revision of Act On Honorable Treatment Of And Support For Persons Who Died Or Were Injured For Public Good
Ⅰ. Background and Purpose
▶ Background of Research
○ The need for practical support the persons wounded or killed for a righteous cause
- The support system for ‘the persons wounded of killed for a righteous cause’ recognizes people as the righteous deceased or the righteous wounded(class 1-9) who have died or been wounded while seeking other people's lives, bodies, or properties in danger, regardless of their duties, and honors the noble will of the righteous deceased or wounded by appropriate respecting and supporting the bereaved family or their family to the extent of sacrifice, damage, and etc. to realize social justice.
- This system is based on ‘Act On Honorable Treatment Of And Support For Persons Who Died Or Were Injured For Public Good’.
- The current ‘Act On Honorable Treatment Of And Support For Persons Who Died Or Were Injured For Public Good’ mainly covers coverage, application for recognition, compensation, medical benefits, educational protection, employment protection, funeral service protection, etc.
○ Many people in Korea think that the support for the righteous deceased or wounded is not enough. To solve this problem, it is necessary to analyze existing precedent studies, related precedents, legal interpretation cases, and related ordinances, and to derive implications.
▶ Purpose
○ The purpose of this study is to examine whether the level of respect for the deceased or wounded is appropriate. By examining the current support act and system for the righteous deceased or wounded and analyzing related precedents and ordinances, implications that can be used to derive the improvement will be obtained, and the improvement of legislation will be proposed. This study is to inspire the honor and pride of the righteous deceased or wounded who have sacrificed for others without any consideration, and to contribute to appropriate respect for them.
Ⅱ. Main Contents
▶ Analysis of Current Legislation related to the righteous deceased or wounded
○ the history of revision of current ‘Act On Honorable Treatment Of And Support For Persons Who Died Or Were Injured For Public Good’
- Current ‘Act On Honorable Treatment Of And Support For Persons Who Died Or Were Injured For Public Good’ started in 1970 as ‘Relief Act on Persons Wounded or Killed for a Disaster Relief’
- Since then, it has been revised mainly on coverage of the righteous deceased or wounded, the committee for the examination on the righteous deceased or wounded, the procedure of application for recognition, etc. The partial revision on December 11, 2018 was implemented on March 12, 2019.
○ The composition of current ‘Act On Honorable Treatment Of And Support For Persons Who Died Or Were Injured For Public Good’
- Current ‘Act On Honorable Treatment Of And Support For Persons Who Died Or Were Injured For Public Good’ consists of coverage of the righteous deceased or wounded, the committee for examination on the righteous deceased or wounded, the application for recognition and the objection, the granting of the prize, the commemorative project, the payment of compensation, and medical benefits.
▶ The Problem of Legislation Related to the Righteous Deceased or Wounded
○ Strictness of designation requirements
- The requirements for designation of the righteous deceased or wounded are so strict that only about 50% of the application is recognized. Therefore, it is necessary to improve the mechanical legal application.
○ Delays of the examination by the committee and the need to expand hearings
- There are many cases where the examination of the committee passes the statutory examination period. To strengthen the investigation in the examination process, it is necessary to expand hearings through the attendance of persons concerned.
○ Need for support foreign bereaved family and family of the righteous deceased or wounded
- It is necessary to examine the expansion of coverage of application and benefits of foreign bereaved family and family of the righteous deceased or wounded.
▶ Analysis of judical precedents, statutory interpretation cases, administrative precedents, related ordinances, and legislative proposals related to the righteous deceased or wounded
○ To derive the implications to improve the problems related to the righteous deceased or wounded, by analyzing related judical precedents, statutory interpretation cases, administrative precedents, related ordinances, and legislative proposals, based on this, the amendment plan is derived and proposed.
▶ Proposal of the amendment plan of ‘Act On Honorable Treatment Of And Support For Persons Who Died Or Were Injured For Public Good’
○ the amendment plan related to the committee
- By expanding the composition of the committee, the improvement of the examination delays and the objection procedures
○ the amendment plan related to the designation requirement
- the relaxation of the designation requirement and the expansion of the support for the foreign bereaved family and family of the righteous deceased or wounded
○ the expansion plan related to the respect
- the designation of the Day of the righteous deceased or wounded
Ⅲ. Expectation
○ By examining the expansion of support for the righteous deceased or wounded and proposing the amendment plan of related legislation, it is expected that the pride of the righteous deceased or wounded for dedications will be inspired, and that this study will be used for basic data for the amendment of ‘Honorable Treatment and Support of Persons Wounded or Killed for a Righteous Cause Act’