Busan Metropolitan City Ordinance on Honorable Treatment and Support of Righteous Citizens, etc
- Article 1 (Purpose)
- The purpose of this Ordinance is to pay tribute to the spirit of persons who do righteous acts, to exemplify them as citizens and to facilitate the realization of social justice by ensuring honorable treatment and support to persons who have been killed, wounded, or damaged while saving other persons from danger and injury, and their families or their bereaved families.
- Article 2 (Definition)
- The definitions of terms used in this Ordinance shall be as follows:
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- 1. The term “righteous citizen” means a person who is deemed as a citizen through the examination and decision of the Busan Metropolitan Review Committee on Righteous Citizens as a person killed, wounded, or damaged while doing a righteous act as prescribed in the items of subparagraph (2); and
- 2. The term “righteous act” means an act falling under any of the following items:
- (a) An act of deterring a criminal act such as robbery, larceny, violence or kidnapping, or arresting such criminal;
- (b) An act of saving the life or body of another person who is faced with danger and injury due to a natural disaster, an attack by wild animals, etc., water activities, or taking emergency measures;
- (c) An act of saving the life or body of another person who is faced with danger and injury similar to the item (a) or (b).
- Article 3 (Person to be Applied)
- This Ordinance shall apply to righteous citizens, their families or their bereaved families.
- Article 4 (Scope of the Families, etc)
- The Scope of righteous citizens’ families or their bereaved families (hereinafter referred to as the “families, etc.”) who receive the treatment and support under this Ordinance shall be as follows:
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- 1. Spouse;
- 2. Children;
- 3. Parents;
- 4. Grandparents; and
- 5. Sibling.
- Article 5 (The Busan Metropolitan City Review Committee on Righteous Citizens)(1) The Busan Metropolitan City Review Committee on Righteous Citizens (hereinafter referred to as the “Committee”) shall be established to deliberate and to decide on the matters of the following subparagraphs:
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- 1. Matters concerning the approval of the righteous citizens;
- 2. Matters concerning the payment of the consolation benefit to the righteous citizens and their families, etc;
- 3. Matters concerning honorable treatment and contribution to the righteous citizens and their families, etc; and
- 4. Other matters referred by the chairman for honorable treatment and support to the righteous citizens and their families, etc.
- (2) The Committee shall consist of less than 15 members including one chairman and one vice chairman.
- (3) The chairman and the vice chairman of the committee shall be elected from among the members.
- (4) The members shall be appointed or commissioned by the Mayor of Busan Metropolitan City
(hereinafter referred to as “the Mayor”) from among the persons who fall under any of the
following subparagraphs:
- 1. The administrative deputy mayor, the director general for administrative autonomy, the director general for welfare and health;
- 2. Persons recommended by the Busan Metropolitan City Council; and
- 3. Persons having profound knowledge and experience in welfare, medicine, law, environment, or culture.
- (5) The term of office of the commissioned members of the Committee shall be two years, but the consecutive appointment may be permitted for one time: Provided, that the term of office of a member elected to fill a vacancy shall be the remainder of the term of the predecessor.
- (6) For dealing with businesses of the Committee, the Committee shall have a secretary, who shall be the director in charge of the righteous citizens affairs.
- (7) The allowances and travel expenses may be paid to the commissioned members within the limit of the budget.
- Article 6 (Duties of the Chairman, etc))(1) The chairman of the Committee shall represent the Committee and exercise the overall control of the affairs thereof.
- (2) If the chairman is unable to perform his/her duties due to an inevitable cause, the deputy chairman shall act on behalf of the chairman, and if both the chairman and the deputy chairman are unable to perform his/her duties, a member designated by the chairman in advance shall act on behalf of the chairman.
- Article 7 (Meeting, etc)(1) The chairman shall convene and preside over the meeting of the Deliberative Committee.
- (2) The deliberation of a meeting of the Committee shall start by the attendance of a majority of all incumbent members, and its resolution shall require the consent of a majority of those present.
- Article 8 (Request of Approval, etc.) (1) A person who wishes to be applied to this Ordinance shall apply for the approval of the righteous citizen to the head of a Gu/Gun (hereinafter referred to as the “the head of a Gu”) having jurisdiction over the place of his/her residence or the place where a righteous act happens.
- (2) When the head of a Gu receives an application under paragraph (1), the head of a Gu shall request the Mayor to decide the approval of the righteous citizen within 14 days from the date of receiving it.
- (3) Notwithstanding paragraph (1), the head of a Gu may ex officio request the Mayor to approve of the righteous citizen when the head of a Gu knows of the fact that there is a righteous act in their jurisdiction.
- (4) The application under paragraph (1) and the request under paragraph (3) shall be made within six months from the date when there is a righteous act.
- (5) When the Mayor receives a request under paragraph (2) and (3), the Mayor shall determine whether or not to approve of righteous citizens through deliberation by the Committee.
- Article 9 (Decision Notice, etc.)(1) The Mayor shall inform the decision result under Article 8 (5) to the head of a Gu and the head of a Gu shall inform it of the righteous citizen themselves who are wounded or damaged, or the families, etc. without delay.
- (2) When the Mayor determines righteous citizens, the Mayor may issue a certificate of righteous citizens to the citizen himself who is wounded or damaged or their families, etc.
- Article 10 (Payment of Consolation Money)
- (1) The Mayor may pay consolation money not exceeding 10 million won per righteous citizen to the righteous citizens themselves who are wounded or damaged, or their bereaved families, etc. through deliberation by the Committee within the limit of the budget.
- (2) Consolation money under paragraph (1) shall be paid to the righteous citizen himself in case of the righteous citizen who is wounded or dagamged, and the order of receiving consolation money shall be the order of spouse, children, parents, grandparents, and sibling in case of the deceased righteous citizens.
- Article 11 (Payment Request, etc. of Consolation Money) (1) A person who wishes to receive consolation money shall request a payment of consolation money to the head of a Gu within three months from the date of receiving the decision notice under Article 9 (1).
- (2) In case where the number of persons who request consolation money is more than two, they shall jointly apply.
- Article 12 (Treatment)
- The Mayor may provide righteous citizens or their families, etc. with the treatment falling under following subparagraphs:
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- 1. National glory-promotion project including the memorial and the construction of the monument, etc. through the examination of the Committee;
- 2. Granting a reward under the Busan Metropolitan City Ordinance on the Reward;
- 3. Treatment including invitation to events such as the Civic Day, etc;
- 4. Praising through the regional newspaper such as the Busan Sisa, etc. inserting an article
- 5. Other treatments for a righteous citizens and their families, etc.
- Article 13 (Restitution of Consolation Money)(1) The Mayor shall restitute consolation money from a person who receives consolation money under this Ordinance by any fraud or other illegal acts.
- (2) In cases where the Mayor restitutes consolation money, the Mayor shall collect such consolation money pursuant to the examples of imposition and collection of local taxes when those, who are to return such consolation money, fail to return it within the specified period.