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A Study on the Improvement of the Laws and Systems on Compensation for Persons of National Merit - with priority given to the recognition of national meritorious persons -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2016, 75(), pp.385-403
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

seon eun ae 1

1송원대학교

Accredited

ABSTRACT

Our country's policies for patriots and veterans are primarily intended to admire the sacrifices of meritorious people for the nation to inspire people with patriotism in accordance with Article 1 of the Framework Act on Veterans Affairs. Accordingly, these policies are linked to national identity, and every country pushes ahead with this sort of policies in their own ways as one of administrative measures to represent national identity on the basis of the dominant ideology that has been built on its historical background and circumstances. The Constitution of our country provides an opportunity of work for the families of persons of national merit on the preferential basis, and the Framework Act on Veterans Affairs and the acts on treatment and support for national meritorious persons include regulations on eligibility, the types of national meritorious persons and compensation. According to these acts, there are four types of national meritorious persons: fighters for national independence, war veterans, social contributors and others. And there are separate acts to respectively deal with the four types of persons of national merit. The different standards of the separate acts result in detracting from the systemicity and rationality of recognition criteria for persons of national merit, and there are consequently various problems with deliberation and decision on the recognition of these persons and with related work performance Currently, two different organizations that are the Ministry of Patriots & Veterans Affairs and the Patriots and Veterans Review Commission are responsible for deliberation and decision on the recognition and related work performance. In the future, the Patriots and Veterans Review Commission should assume the exclusive responsibility as a collegiate administrative agency. In addition, applicants have to prove their eligibility at present, and it's required for the government to prove their eligibility, instead. Information release also is necessary to ensure the transparency of deliberation and decision, and objective recognition criteria should be announced. When those who are not eligible are recognized as persons of national merit, it gives rise to problems because there is no follow-up review to check if there's anything wrong with it. Therefore a permanent independent organ should be established to review the results of the recognition to correct wrong recognition cases to pay respect to persons of national merit who sacrificed themselves for the country.

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