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ENFORCEMENT DECREE OF THE SPECIAL ACT ON THE SUPPORT FOR KOREAN ATOMIC BOMB VICTIMS

Presidential Decree No. 28030, May 8, 2017

Amended by Presidential Decree No. 28211, Jul. 26, 2017

 Article 1 (Purpose)
The purpose of this Decree is to provide for the matters delegated by the Special Act on the Support for Korean Atomic Bomb Victims and matters necessary for enforcing said Act.
 Article 2 (Affairs of Committee)
"Matters specified by Presidential Decree" in Article 3 (2) 7 of the Special Act on the Support for Korean Atomic Bomb Victims (hereinafter referred to as the "Act") means the following matters:
1. Operating housing and welfare facilities for victims;
2. Paying funeral expenses upon death of a victim;
3. Other matters that the Committee for Supporting Korean Victims of the Atomic Bombings under Article 3 (1) of the Act deems especially necessary for investigating status of victims and support for the victims, as matters similar to those specified in subparagraph 1 or 2.
 Article 3 (Composition of Committee)
(1) Related public officials to serve as members of the Committee for Supporting Korean Victims of the Atomic Bombings under Article 3 (1) of the Act (hereinafter referred to as the "Committee") pursuant to Article 3 (4) 1 of the Act are the Vice Minister of Strategy and Finance, the Vice Minister of Foreign Affairs, and the Vice Minister of the Interior and Safety. If a ministry has at least two vice ministers in such cases, the Vice Minister designated by the head of the ministry shall serve as a member. <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
(2) The term of office of each commissioned member shall be two years: Provided, That the term of office of a committee member commissioned in place of a member dismissed from office shall be the remaining term of his/her predecessor.
 Article 4 (Operation of Committee)
(1) The chairperson of the Committee (hereinafter referred to as the "Chairperson") shall represent and administer all affairs of the Committee.
(2) If the Chairperson is unable to perform his/her duties due to extenuating circumstances, the committee member designated by the Chairperson shall act on behalf of the Chairperson.
(3) Upon request from at least 1/3 of committee members or if the Chairperson deems necessary, the Chairperson shall call and preside over a meeting.
(4) The Committee shall have one secretary who shall execute administrative affairs of the Committee, and the secretary shall be appointed by the Chairperson from among Grade-III or Grade-IV public officials in charge of affairs related to victims in the Ministry of Health and Welfare.
(5) Allowances, travel expenses, and other necessary expenses may be paid to commissioned members, witnesses, etc. who attend a meeting of the Committee, within the budget.
 Article 5 (Operating Rules)
Except as otherwise expressly provided for in this Decree, detailed matters necessary for comprising and operating the Committee shall be prescribed by Rule of the Commission.
 Article 6 (Investigations on Actual Conditions of Victims)
(1) The matters subject to the investigations on actual conditions of victims under Article 7 (1) of the Act (hereinafter referred to as "investigations on actual conditions") are as follows:
1. Demographics of victims by age, by gender, and by region;
2. Composition, etc. of the household members who reside with a victim;
3. The level of victims' income, actual housing conditions of victims, etc.;
4. Health conditions of victims, management of health, etc.;
5. Other matters the Committee deems especially necessary for investigations on actual conditions as matters similar to those specified in subparagraphs 1 through 4.
(2) An investigation on actual conditions shall be conducted in writing or face to face: Provided, That, if the Committee deems necessary, documentary investigations, written questionnaires, or online surveys through information and communication networks, etc. may be conducted concurrently.
(3) If the Committee deems necessary for efficiently conducting an investigation on actual conditions, it may request a related research institute, an organization, or an expert to conduct the investigation on its behalf.
(4) If the Committee deems necessary for supporting and protecting victims, it may disclose the outcomes of an investigation on actual conditions, as determined by the Committee.
 Article 7 (Registration of Victims)
(1) A person who intends to apply for registration as a victim pursuant to Article 9 (1) of the Act shall file an application for registration as a victim (or an application as an electronic document) with the Committee, along with the following documents (or electronic documents). In such cases, the Committee shall verify the transcript of the applicant's resident registration card by matching the document against administrative information available for sharing under Article 36 (1) of the Electronic Government Act or shall require the applicant to submit an transcript of the resident registration card, if the applicant does not consent to such verification:
1. One set of documents evidencing the applicant is a victim;
2. One copy of a bank deposit book in the applicant's name;
3. One photo (referring to a color photo of a frontal bust shot, 3.5 cm wide by 4.5 cm long, taken with no hat within six months before the date of submission).
(2) When the Committee determines whether to accept an application for the registration of a victim under paragraph (1), it shall give written or electronic notice to the applicant of the details thereof. If the applicant is identified as a victim in such cases, the Committee shall issue a certificate of registration of a victim to the applicant.
(3) When the Committee issues a certificate of registration of a victim pursuant to the latter part of paragraph (2), it shall record the details thereof in the register of victims.
 Article 8 (Reporting of Changes)
(1) A person who intends to report a change in personal information of a victim pursuant to Article 10 (1) of the Act shall submit a report (or a report as an electronic document) on the change in the victim to the Committee within 15 days from the date such change occurs, along with the following documents (or electronic documents):
1. One set of documents evidencing the change;
2. One set of a certificate of the victim's family relationship (applicable only where a report is filed by a family member or a surviving family member of the victim).
(2) If the Committee deems necessary for processing a report on a change submitted pursuant to Article 10 (1) of the Act, it may request the reporting person to submit supplementary or additional documents and may request cooperation by the head of a relevant central administrative agency or the head of a local government.
(3) If a change reported pursuant to Article 10 (1) is lawful, the Committee shall amend the register of victims according to the report. If a change occurs regarding any of the matters referred to in Article 10 (1) 4 of the Act, the Committee shall issue a new certificate of registration to the victim.
(4) "Change in the personal information specified by Presidential Decree" in Article 10 (1) 4 of the Act means a change in any of the following matters:
1. Name;
2. Address;
3. Date of birth;
4. Resident registration number.
 Article 9 (Items of Thorough Medical Checkups)
"Thorough medical checkups specified by Presidential Decree" in the main sentence of Article 13 (1) of the Act means the following examinations:
1. Malignant tumor test;
2. Test of hypothyroidism or hyperparathyroidism;
3. Leukemia test;
4. Myocardial infarction test;
5. Hepatocirrhosis test;
6. Other tests the Committee deems especially necessary for protecting victims' health as similar to tests specified in subparagraphs 1 through 5.
 Article 10 (Periodic Medical Examinations and Thorough Medical Checkups)
(1) The periodic medical examinations and thorough medical checkups under Article 13 (1) of the Act shall be conducted by the medical institution designated by the Committee pursuant to Article 12 (3) (hereinafter referred to as "designated medical institution").
(2) The Committee shall notify each victim registered under Article 9 of the Act (hereinafter referred to as "registered victim") of the details of the periodic medical examination and thorough medical checkups for the following year, including information about the designated medical institution, by not later than December 31 annually.
(3) A registered victim who wishes to undergo a periodic medial examination or a thorough medical checkup pursuant to Article 13 (1) of the Act shall submit the following documents to the designated medical institution:
1. For a periodic medial examination, the following documents:
(a) One copy of the certificate of registration of the victim;
(b) One copy of the resident registration certificate or driver license;
2. For a thorough medical checkup, the following documents:
(a) One copy of the certificate of registration of the victim;
(b) One copy of the resident registration certificate or driver's license;
(c) One set of a physician's written opinion that the thorough medical checkup is necessary.
(4) The designated medical institution that has conducted periodic medial examinations or thorough medical checkups pursuant to Article 13 (1) of the Act shall submit the following documents to the Committee quarterly:
1. For periodic medial examinations, the following documents:
(a) One set of a statement of expenses of the periodic medial examination for each registered victim;
(b) One copy of the report on the periodic medial examination for each registered victim;
2. For thorough medical checkups, the following documents:
(a) One set of a statement of expenses of the thorough medical checkups for each registered victim;
(b) One copy of the report on the thorough medical checkups for each registered victim;
(c) One copy of a physician's written opinion issued pursuant to paragraph (3) 2 (c) for each registered victim.
 Article 11 (Payment of Medical Care Benefits)
(1) The medical care benefits under Article 13 (2) 1 through 4 of the Act (hereafter referred to as "medical care benefits" in this Article) shall be paid within the limits determined by the Minister of Health and Welfare on annual payments, within the budget, but shall be paid according to the amount borne by each registered victim, out of the health care benefits under the National Health Insurance Act.
(2) A registered victim who wishes to obtain medical care benefits shall file an application for medical care benefits (or an application as an electronic document) with the Minister of Health and Welfare within three months from the date the cause of payment arises, along with documents (or electronic documents) detailing medical expenses: Provided, That, if a victim is unable to file an application within three months due to hospitalization for a long period or any other extenuating circumstance, he/she shall file the application within two months from the date on which the relevant event ceases.
(3) If the Minister of Health and Welfare deems necessary for efficiently paying medical care benefits, he/she may request a registered victim or the head of a related medical institution to present documents or state an opinion.
(4) When the Minister of Health and Welfare pays medical care benefits to a registered victim, he/she shall deposit the payment in the bank account designated by the victim as an account in the victim's name.
(5) Except as otherwise expressly provide for in paragraphs (1) through (4), detailed matters necessary for paying medical care benefits shall be determined and publicly notified by the Minister of Health and Welfare.
 Article 12 (Payment of Medical Treatment Allowances)
(1) The medical treatment allowances under Article 13 (2) 5 of the Act (hereafter in this Article referred to as "medical treatment allowances") shall be paid within annual payment limits determined by the Minister of Health and Welfare, within the budget.
(2) Medical treatment allowances shall be paid to registered victims in equal quarterly installments and shall be deposited in the bank account designated by each registered victim as an account in the victim's name.
(3) Except as otherwise expressly provide for in paragraphs (1) and (2), detailed matters necessary for paying medical treatment allowances shall be determined and publicly notified by the Minister of Health and Welfare.
 Article 13 (Handling of Sensitive Information and Personally Identifiable Information)
If the Minister of Health and Welfare, the Committee (including the institutions to which the Committee's business affairs are delegated or entrusted pursuant to Article 18 (2) of the Act), or a designated medical institution deems inevitably necessary for executing the following administrative work, the Minister of Health and Welfare, the Committee, or a designated medical institution may handle information about health under Article 23 of the Personal Information Protection Act and documents containing resident registration numbers or driver's license numbers under subparagraph 1 or 3 of Article 19 of said Enforcement Decree:
1. Administrative work for affairs of the Committee under Article 3 (2) of the Act;
2. Administrative work for investigating actual conditions of victims under Article 7 of the Act;
3. Administrative work for registrating victims under Article 9 (1) of the Act;
4. Administrative work for reporting a change under Article 10 (1) of the Act;
5. Administrative work for periodic medical examinations and thorough medical checkups under Article 13 (1) of the Act;
6. Administrative work for paying medical expenses under Article 13 (2) of the Act.
ADDENDUM
This Decree shall enter into force on May 30, 2017.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among the Presidential Decrees amended by Article 8 of the Addenda, the amendment to a Presidential Decree, which was promulgated before this Decree enters into force but the enforcement date of which has yet to arrive, shall enter into force on the date the relevant Presidential Decree enters into force.
Articles 2 through 8 Omitted.