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ENFORCEMENT DECREE OF THE NORTH KOREAN REFUGEES PROTECTION AND SETTLEMENT SUPPORT ACT

Presidential Decree No. 15436, Jul. 14, 1997

Amended by Presidential Decree No. 15984, Dec. 31, 1998

Presidential Decree No. 15967, Dec. 31, 1998

Presidential Decree No. 16211, Mar. 31, 1999

Presidential Decree No. 16326, May 24, 1999

Presidential Decree No. 16695, Jan. 28, 2000

Presidential Decree No. 17115, Jan. 29, 2001

Presidential Decree No. 17620, jun. 3, 2002

Presidential Decree No. 18146, Nov. 29, 2003

Presidential Decree No. 18601, Dec. 18, 2004

Presidential Decree No. 18911, jun. 30, 2005

Presidential Decree No. 19513, jun. 12, 2006

Presidential Decree No. 20117, jun. 28, 2007

Presidential Decree No. 20721, Feb. 29, 2008

Presidential Decree No. 20797, jun. 5, 2008

Presidential Decree No. 21087, Oct. 20, 2008

Presidential Decree No. 21658, Jul. 31, 2009

Presidential Decree No. 21744, Sep. 21, 2009

Presidential Decree No. 21835, Nov. 20, 2009

Presidential Decree No. 22075, Mar. 15, 2010

Presidential Decree No. 22269, Jul. 12, 2010

Presidential Decree No. 22406, Sep. 27, 2010

Presidential Decree No. 23488, Jan. 6, 2012

Presidential Decree No. 24422, Mar. 23, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25158, Feb. 11, 2014

Presidential Decree No. 25313, Apr. 21, 2014

Presidential Decree No. 25483, Jul. 16, 2014

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 25769, Nov. 24, 2014

Presidential Decree No. 26763, Dec. 28, 2015

Presidential Decree No. 27444, Aug. 11, 2016

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 27857, Feb. 13, 2017

Presidential Decree No. 28015, May 8, 2017

Presidential Decree No. 28211, Jul. 26, 2017

Presidential Decree No. 28659, Feb. 20, 2018

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the North Korean Refugees Protection and Settlement Support Act and those necessary for the enforcement thereof.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 1-2 (Requests for Submission of Data, etc.)
Where it is necessary to formulate a master plan or an annual implementation plan referred to in Article 4-3 of the North Korean Refugees Protection and Settlement Support Act (hereinafter referred to as the “Act”), the Minister of Unification may request the heads of the relevant central administrative agencies to submit data. In such cases, the heads of the relevant central administrative agencies, in receipt of the request to submit data, shall comply therewith, except in extenuating circumstances.
[This Article Newly Inserted by Presidential Decree No. 25158, Feb. 11, 2014]
 Article 1-3 (Units of Household)
(1) The units of household eligible for the protection and settlement support prescribed in Article 5 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 25158, Feb. 11, 2014>
1. Husband and wife (including a couple in a de facto marital relationship and a couple living apart from each other) and lineal blood relatives thereof (limited to where a lineal blood relative is not accompanied by his/her spouse);
2. Brothers and sisters.
(2) Notwithstanding paragraph (1), where grounds exist making it impracticable to consider persons eligible for protection as forming a unit of household, based upon the relationship between the persons eligible for protection who constitute any household unit defined in the subparagraphs of paragraph (1), the property of persons eligible for protection, their social adaptation status, the timing for determining their protection, etc., they may be deemed not to constitute a household.
[This Article Wholly Amended by Presidential Decree No. 21658, Jul. 31, 2009]
 Article 2 (Organization of Consultative Council)
The members (hereinafter referred to as “members”) of the Consultative Council on Residents Escaping from North Korea referred to in Article 6 (1) of the Act (hereinafter referred to as “Consultative Council”) shall be as follows: <Amended by Presidential Decree No. 28659, Feb. 20, 2018>
1. One person each appointed by the heads of the relevant administrative agencies from among members in general service of the Senior Executive Service of the Ministry of Strategy and Finance; the Ministry of Education; the Ministry of Unification; the Ministry of Foreign Affairs; the Ministry of Justice; the Ministry of National Defense; the Ministry of the Interior and Safety; the Ministry of Culture, Sports and Tourism; the Ministry of Agriculture, Food and Rural Affairs; the Ministry of Trade, Industry and Energy; the Ministry of Health and Welfare; the Ministry of Employment and Labor; the Ministry of Gender Equality and Family; the Ministry of Land, Infrastructure and Transport; the Office of the President; the National Intelligence Service; the Office for Government Policy Coordination; the Korean National Police Agency or the Defense Security Command or persons holding positions corresponding thereto;
2. One person each nominated by the head of a relevant local government from among public officials at a level of chief of office or chief of bureau in not more than three local governments whose participation in the Consultative Council is deemed necessary by the Chairperson thereof (hereinafter referred to as “Chairperson”) taking into account the number of North Korean refugees who reside in the relevant areas.
[This Article Wholly Amended by Presidential Decree No. 28659, Feb. 20, 2018]
 Article 3 (Duties of Chairperson)
(1) The Chairperson shall convene meetings of the Consultative Council, and shall exercise general supervision over its affairs. <Amended by Presidential Decree No. 28659, Feb. 20, 2018>
(2) Where the Chairperson is unable to perform his/her duties due to any unavoidable cause, a relevant member from the National Intelligence Service referred to in Article 2 shall act on his/her behalf.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 4 (Subcommittees)
(1) The Consultative Council may establish and operate any number of subcommittees necessary to efficiently conduct its duties.
(2) A subcommittee shall consist of a Chairperson, members related to the relevant agenda items, and secretaries referred to in Article 7.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 5 (Meetings)
(1) Meetings of the Consultative Council shall be classified into plenary sessions and meetings of subcommittees, which shall be convened whenever deemed necessary by the Chairperson.
(2) The Chairperson shall report matters deliberated on and adjusted in meetings of subcommittees at the next plenary session.
(3) Where the Chairperson intends to convene a meeting, he/she shall notify the following matters to each member two days before the opening of the meeting: Provided, That this shall not apply in emergency or in other extenuating circumstances:
1. Date of the meeting;
2. Venue of the meeting;
3. Agendas.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 6 (Hearing of Opinions, etc.)
(1) Where it is necessary to perform the duties of the Consultative Council, the Chairperson may have a related public official or expert attend its meeting to hear his/her opinions, or request cooperation from any related institution, organization, etc., including submission of necessary materials.
(2) Allowances, travel expenses, and other necessary expenses may be reimbursed to a person who attends a meeting to state his/her opinions or submits a statement of opinion or materials prescribed in paragraph (1), within budgetary limit: Provided, That this shall not apply where a public official attends a meeting in direct connection with his/her competent duties.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 7 (Secretaries)
The Consultative Council shall have two secretaries to handle its business affairs, and the relevant members from the Ministry of Unification and the National Intelligence Service referred to in Article 2 shall serve as secretaries.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 8 (Working-Level Consultative Councils)
(1) The Chairperson may organize and operate any number of working-level consultative councils wherever necessary to have prior consultation on matters deemed necessary, among the agendas of the Consultative Council.
(2) The relevant member from the Ministry of Unification referred to in Article 2 shall become the Chairperson of a working-level consultative council, and those appointed by him/her shall serve as its members.
(3) The Chairperson of a working-level consultative council may adjust the number of participating members, depending on matters subject to consultation.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 9 (Detailed Regulations on Operation)
Matters necessary for operating the Consultative Council, other than those prescribed in this Decree, shall be determined by the Chairperson, following deliberation by the Consultative Council.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 10 (Application for Protection)
Cases where a resident who has escaped from North Korea may not apply for protection in person pursuant to the proviso to Article 7 (1) of the Act shall be as follows:
1. Where he/she has a mental disorder;
2. Where a member of his/her family applies for protection by proxy of the rest of the family members;
3. Where there exist other urgent grounds.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 11 (Notification of Application for Protection, etc.)
(1) Where the head of an overseas diplomatic or consular mission or the head of any administrative agency (including the commanders of military units of various levels; hereinafter referred to as the “head of an overseas diplomatic or consular mission, etc.”) receives an application for protection prescribed in Article 7 (1) of the Act (hereinafter referred to as “application for protection”), he/she shall, without delay, notify the following matters respectively to the Minister of Unification and the Director of the National Intelligence Service via the head of the central administrative agency to which he/she belongs:
1. Name, date of birth, gender, and health conditions of the applicant for protection (hereinafter referred to as “applicant for protection”);
2. Date and other details of the application for protection.
(2) Upon receipt of an application for protection, the head of an overseas diplomatic or consular mission, etc., shall take measures necessary for protecting the personal safety of the applicant until provisional protective measures or other necessary steps prescribed in Article 7 (3) of the Act, are taken.
(3) Matters necessary for the methods for notification and the personal safety of an applicant prescribed in paragraphs (1) and (2) shall be determined by the Director of the National Intelligence Service following consultation with the head of the relevant central administrative agency.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 12 (Details of Provisional Protective Measures, etc.)
(1) Provisional protective measures or other necessary steps referred to in Article 7 (3) of the Act shall include an examination necessary to determine temporary measures for protecting the personal safety of an applicant, his/her eligibility for protection, etc. after an application for protection is filed.
(2) Temporary measures for protecting personal safety of an applicant for protection who enters the Republic of Korea and an examination referred to in paragraph (1) shall not last more than 90 days from the date he/she enters the country: Provided, That where there is any unavoidable cause, such as an increase in the number of persons entering the Republic of Korea, such period may be extended only once for a maximum of 30 days after deliberation by the Consultative Council. <Amended by Presidential Decree No. 28659, Feb. 20, 2018>
(3) The details of and methods for provisional protective measures or other necessary steps referred to in paragraph (1), the installation, operation, etc. of facilities necessary for such measures or steps, and other related matters shall be determined by the Director of the National Intelligence Service.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 13 (Notification of Results of Provisional Protective Measures, etc.)
(1) The Director of the National Intelligence Service shall give written notice of details of provisional protective measures or other necessary steps prescribed in Article 12 to the Minister of Unification.
(2) Upon receipt of notice referred to in paragraph (1), the Minister of Unification may additionally request the Director of the National Intelligence Service to conduct an examination or provide materials deemed necessary to determine whether or not to provide protection.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 14 (Scope of Persons Likely to Affect National Security to Considerable Extent)
A person who is likely to affect national security to the considerable extent prescribed in the proviso to Article 8 (1) of the Act shall be any of the following persons:
1. A person who has committed a crime concerning insurrection or crime concerning foreign aggression defined in the Criminal Act; a crime of insurrection, crime of benefitting the enemy, or crime of unlawful use of secret codes defined in the Military Criminal Act; or any other crime falling under the National Security Act (excluding Article 10) or the Military Secret Protection Act; or a person who initially intended to commit any of the aforesaid crimes but has expressed his/her will to renounce such intention;
2. A person deemed essential for national security by the Director of the National Intelligence Service among persons actively engaged in protecting the North Korean regime in the Workers' Party; the Cabinet; the armed forces; the Ministry of People’s Security; or the Ministry of State Security of North Korea;
3. A spouse or relative of the person of supreme power in North Korea;
4. A person with important intelligence in advanced science or other special and professional fields closely related to national security.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 15 (Determination on Protection, etc.)
(1) The Minister of Unification shall determine eligibility for protection within 30 days from receipt of notice referred to in Article 13 (1): Provided, That this shall not apply in any extenuating circumstances.
(2) The Director of the National Intelligence Service shall determine eligibility for protection within 30 days from the date he/she completes provisional protective measures or other necessary steps referred to in Article 12: Provided, That this shall not apply in extenuating circumstances.
(3) Where the Minister of Unification has determined eligibility for protection pursuant to paragraph (1), he/she shall promptly notify it, in writing, to the head of an overseas diplomatic or consular mission, etc. via the head of the relevant central administrative agency, by stating details of such determination: Provided, That where a person eligible for protection is not receiving protection at an institution that has applied for protection, such notice shall be given to the head of an institution that is protecting the person eligible for protection as at the time such determination is made.
(4) Where the Director of the National Intelligence Service has determined eligibility for protection pursuant to paragraph (2), he/she shall without delay notify it, in writing, to the Minister of Unification, by stating details of such determination.
(5) Where determination on eligibility for protection has not been made due to an extenuating circumstance, as prescribed in the provisos to paragraphs (1) and (2), the relevant grounds, etc. shall be notified to the applicant for protection.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 16 (Criteria for Protection Decision)
(1) “Other persons prescribed by Presidential Decree as unfit for designation as persons eligible for protection” prescribed in Article 9 (1) 6 of the Act shall be any of the following persons:
1. Persons anticipated to cause serious political or diplomatic difficulties to the Republic of Korea if designated as eligible for protection;
2. Persons who commit violence or damage facilities that may seriously harm the safety of others during a period of temporary protection prescribed in Article 12;
3. Persons who have obtained a legitimate residency status in a third country after escaping from North Korea.
(2) “Unavoidable reasons prescribed by Presidential Decree” referred to in Article 9 (2) of the Act means any of the following cases: <Amended by Presidential Decree No. 25769, Nov. 24, 2014>
1. Cases falling under Article 9 (1) 4 of the Act: Where residents escaping from North Korea have any unavoidable reason specified in the following:
(a) Where he/she is found unable to act freely due to grounds, such as detention or confinement, in a country of sojourn against his/her will;
(b) Where he/she was confined for a long time in a confinement facility of a country of sojourn in the process of entering the Republic of Korea;
(c) Where he/she is found to have been unable to lead a normal or stable life due to circumstances, such as seclusion or escape, in a country of sojourn;
(d) Other cases the Minister of Unification deems equivalent to those prescribed in items (a) through (c);
2. Cases falling under Article 9 (1) 5 of the Act: When residents escaping from North Korea have any unavoidable reason specified in the following:
(a) Where he/she is found to have been unable to act freely due to grounds, such as staying in a facility isolated from the outside or having a disease;
(b) Other cases that the Minister of Unification deems equivalent to item (a).
(3) No period falling under any subparagraph of paragraph (2) shall be included in calculating a period during which residents escaping from North Korea had their base of livelihood in their respective countries of sojourn prescribed in Article 9 (1) 4 of the Act.
(4) “Protection and support prescribed by Presidential Decree as necessary for settlement in a community” referred to in Article 9 (3) 2 of the Act means education for social adaptation, etc., prescribed in Article 15 of the Act.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 17 (Notification of Details of Treatment)
Where it is determined to provide protection to an applicant for protection, the head of an overseas diplomatic or consular mission, etc. shall notify details of treatment he/she will receive, including his/her rights and obligations.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 18 (Re-application for Protection)
(1) An applicant for protection who is denied protection may apply for protection again if there exists new factual data or evidence within five years from the date he/she receives the first notification on the determination regarding whether protection will be provided pursuant to Article 8 of the Act.
(2) The Minister of Unification and the Director of the National Intelligence Service shall determine whether to provide protection, and notify the results of his/her determination to the applicant for protection within 60 days from the date he/she receives a re-application referred to in paragraph (1): Provided, That the aforesaid period may be extended by up to 30 days only once, in extenuating circumstances.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 19 (Negotiations for Entry into the Republic of Korea, etc.)
(1) Matters necessary for negotiations with the relevant host country for a person eligible for protection staying abroad into the Republic of Korea, the transfer of a person eligible for protection, and so forth shall be determined by the Minister of Foreign Affairs in consultation with the Director of the National Intelligence Service, but with respect to persons eligible for protection prescribed in the proviso to Article 8 (1) of the Act, such determination shall be made by the Director of the National Intelligence Service. <Amended by Presidential Decree No. 24422, Mar. 23, 2013>
(2) Where the Minister of Foreign Affairs and the Director of the National Intelligence Service have determined the timing, methods, etc. for transferring a person eligible for protection staying overseas, they shall notify the results of their determination to the Minister of Unification without delay: Provided, That when there is a serious risk to the safety of the person eligible for protection, and if such risk is present and obvious, they may give notice to the Minister of Unification upon his/her entry into the Republic of Korea. <Amended by Presidential Decree No. 24422, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 20 (Establishment of Settlement Support Facilities)
(1) Where the Minister of Unification establishes settlement support facilities referred to in the main sentence of Article 10 (1) of the Act, he/she shall ensure that such settlement support facilities include facilities for accommodation, management, education and training and others in order to support the basic living and adaptation activities of persons eligible for protection.
(2) Matters necessary for establishing settlement support facilities prescribed in paragraph (1) shall be determined by the Minister of Unification.
(3) Matters necessary for establishing settlement support facilities prescribed in the proviso to Article 10 (1) of the Act shall be determined by the Director of the National Intelligence Service.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 21 (Management and Operation of Settlement Support Facilities)
(1) The Minister of Unification may request his officials to manage and operate settlement support facilities prescribed in the main sentence of Article 10 (1) of the Act.
(2) For the purpose of promoting the psychological stability of persons eligible for protection, resolving difficulties facing them, and enhancing their means for self-reliance, the Minister of Unification may operate counseling offices in settlement support facilities in the fields of psychology, law, professional career and alleviation of distress.
(3) A person who manages and operates settlement support facilities pursuant to paragraph (1) shall immediately report to the Minister of Unification when any unusual condition is observed in relation to the health, psychological status, manner of speaking and behaving, etc. of persons eligible for protection.
(4) Matters necessary for managing and operating settlement support facilities, other than those prescribed in paragraphs (1) through (3), shall be determined by the Minister of Unification.
(5) Matters necessary for managing and operating settlement support facilities established under the proviso to Article 10 (1) of the Act shall be determined by the Director of the National Intelligence Service.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 22 (Transfer of Persons Eligible for Protection to other Settlement Support Facilities)
With respect to persons eligible for protection who are receiving protection at settlement support facilities established under the proviso to Article 10 (1) of the Act, where the Director of the National Intelligence Service verifies his/her identity and motive for escaping from North Korea and conducting medical checkup and other measures necessary for settlement support prescribed in Article 11 (3) of the Act, he/she shall transfer them to the settlement support facilities established and operated by the Minister of Unification, except in extenuating circumstances.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 23 (Issuance of Temporary Identification Cards)
(1) The Minister of Unification and the Director of the National Intelligence Service shall issue temporary identification cards to persons eligible for protection who receive protection at their respective settlement support facilities.
(2) Matters necessary for issuing temporary identification cards prescribed in paragraph (1) shall be determined by the Minister of Unification in consultation with the Director of the National Intelligence Service.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 24 (Requests for Cooperation, etc.)
(1) For the purposes of providing support for settlement to persons eligible for protection who receive protection at settlement support facilities, the Minister of Unification may request cooperation from the heads of other administrative agencies or the heads of local governments, and the heads of other administrative agencies or the heads of local governments, in receipt of such request for cooperation, shall comply therewith.
(2) In order to protect the personal safety of persons eligible for protection who receive protection at settlement support facilities, the Minister of Unification may request cooperation from the Minister of National Defense or the Commissioner General of the Korean National Police Agency, etc. in relation to the guard, security, etc. of such facilities, and the Minister of National Defense or the Commissioner General of the Korean National Police Agency, etc. in receipt of such request for cooperation, shall comply therewith.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 25 (Provision of Protection Money or Goods, etc.)
(1) The Minister of Unification and the Director of the National Intelligence Service shall grant protection money or goods necessary for living to each of the persons who receive protection at settlement support facilities in accordance with Article 11 (2) of the Act: Provided, That where such person has formed a household, the provision may be made by unit of household.
(2) Matters necessary for the standards, methods, etc. for granting protection money or goods referred to in paragraph (1) shall be determined by the Minister of Unification and the Director of the National Intelligence Service, respectively.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 26 (Personal Identification Register)
(1) The Minister of Unification and the Director of the National Intelligence Service shall administer and keep a personal identification register which describes general matters concerning protection and settlement support for persons eligible for protection, such as their personal information, in accordance with Article 12 (1) of the Act.
(2) The Director of the National Intelligence Service shall send a certified transcript of the personal identification registers which he/she administers and keeps pursuant to paragraph (1) to the Minister of Unification semiannually.
(3) Where the Director of the National Intelligence Service verifies the identity of persons eligible for protection and his/her motive for escaping from North Korea and conducting a medical checkup and other measures necessary for settlement support prescribed in Article 11 (3) of the Act, the Director of the National Intelligence Service shall inform the Minister of Unification of the relevant details, in writing or using the information and communications network, so that a personal identification register referred to in paragraph (1) can be prepared. In such cases, the Minister of Unification shall manage a personal identification register separately from the matters notified by the Director of the National Intelligence Service under the proviso to Article 8 (1) of the Act.
(4) The Minister of Unification shall record matters reported or submitted under Articles 23 and 28 of the Act in a personal identification register, and send a certified transcript thereof to the Director of the National Intelligence Service semiannually.
(5) Matters necessary for a personal identification register, other than those prescribed in paragraphs (1) and (4), shall be determined by the Minister of Unification and the Director of the National Intelligence Service, respectively.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 27 (Standards and Procedures for Accreditation of Academic Background)
(1) School education that persons eligible for protection have completed in North Korea or foreign countries shall be recognized in accordance with the standards set forth in statutes related to education.
(2) Any person eligible for protection who wishes to obtain accreditation of his/her academic background prescribed in Article 13 of the Act shall submit an application for accreditation of academic background to the Minister of Unification: Provided, That where a person eligible for protection wishes to obtain accreditation of his/her academic background pursuant to the Elementary and Secondary Education Act, he/she shall comply with Articles 96 through 98, 98-2, and 98-3 of the Enforcement Decree of the same Act.
(3) Upon receipt of an application for accreditation of academic background, submitted under the main sentence of paragraph (2), the Minister of Unification shall send it to the Minister of Education together with a written verification of the application. <Amended by Presidential Decree No. 24422, Mar. 23, 2013>
(4) Where the Minister of Education receives the application and written verification referred to in paragraph (3), he/she shall determine whether to recognize the academic background of a person eligible for protection and notify the results of his/her determination to the Minister of Unification within three months from the date he/she receives the aforesaid documents, and the Minister of Unification shall then notify them to the relevant applicant. <Amended by Presidential Decree No. 24422, Mar. 23, 2013>
(5) In order to ensure that a person who attends a preparatory school established for residents escaping from North Korea pursuant to Article 24-2 of the Act (hereinafter referred to as “preparatory school”) can obtain accreditation of his/her school education, etc., the heads of settlement support facilities shall cooperate with the competent superintendent of education with jurisdiction over the address of the relevant preparatory school.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 28 (Procedures for Accreditation of Qualifications)
(1) Any person eligible for protection who wishes to obtain accreditation of his/her qualifications prescribed in Article 14 of the Act shall submit an application for accreditation of qualifications to the Minister of Unification.
(2) Upon receipt of the application referred to in paragraph (1), the Minister of Unification shall send it, attached with a written verification of the application, to the head of an institution (including a private institution; hereinafter the same shall apply) in charge of duties related to recognizing the relevant qualifications.
(3) The head of an institution, in receipt of the application and written verification referred to in paragraph (2), shall determine whether to recognize the qualifications of the person eligible for protection and whether supplementary education or re-education (hereinafter referred to as “supplementary education, etc.”) is required for accreditation of the qualifications of the person eligible for protection, and notify the results of his/her determination to the Minister of Unification within three months from the date he/she receives the aforesaid documents, and then, the Minister of Unification shall notify it to the relevant applicant.
(4) In order to examine whether to grant the accreditation of qualifications of persons eligible for protection prescribed in paragraph (3), a committee for examining accreditation of qualifications may be established within an institution in charge of duties related to recognizing the relevant qualifications in accordance with Article 14 (3) of the Act.
(5) Matters necessary for organization, operation, etc. of a committee for examining accreditation of qualifications referred to in paragraph (4) shall be determined by the head of an institution in charge of duties related to recognizing the relevant qualifications.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 29 (Providing Supplementary Education, etc.)
Where a person eligible for protection applies for supplementary education, etc. necessary for obtaining accreditation of his/her qualifications, the Minister of Unification may require the head of an institution in charge of duties related to recognizing the relevant qualifications to provide supplementary education, etc. after holding consultation with him/her. In such cases, the Minister of Unification shall subsidize expenses to be incurred in the institution in charge of duties related to recognizing the relevant qualifications to provide supplementary education, etc. within budgetary limits.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 30 (Education for Social Adaptation, etc.)
(1) In principle, the basic education referred to in Article 15 (1) of the Act (hereinafter referred to as “basic education”) shall be provided during a period of protection prescribed in Article 11 (1) of the Act.
(2) For the purposes of providing basic education, the Minister of Unification shall prepare curricula for such fields as politics, economy, society, and culture so that persons eligible for protection can develop basic qualities as a citizen of the Republic of Korea.
(3) In principle, adaptation education referred to in Article 15 (2) of the Act (hereinafter referred to as “local adaptation education”) shall be provided within the first year of the period of protection at the place of residence prescribed in Article 5 (3) of the Act.
(4) For the purposes of providing education for local adaptation, the Minister of Unification shall prepare education curricula which shall include education programs developed in consideration of the characteristics of the place of residence, counselling programs of various kinds, and service linkage with institutions and organizations involved in providing support for persons eligible for protection.
(5) The Minister of Unification may entrust education for local adaptation to institutions, organizations, or facilities recognized as capable of professionally providing education for local adaptation. In such cases, the Minister of Unification may subsidize expenses incurred in providing education for local adaptation, within budgetary limits.
(6) The Minister of Unification may provide additional education for social adaptation by developing special programs during the period of protection at the place of residence referred to in Article 5 (3) of the Act if persons eligible for protection wish to receive such education or it is deemed necessary for his/her social adaptation.
(7) Matters necessary for providing education, etc. for social adaptation of persons eligible for protection, other than those prescribed in paragraphs (1) through (6), shall be determined by the Minister of Unification.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 31
[Previous Article 31 Moved to Article 35-3]
 Article 32 (Application for Vocational Training, etc.)
(1) Where a person who is or was eligible for protection (hereinafter referred to as “person eligible for protection, etc.”) wishes to receive vocational training referred to in Article 16 of the Act, he/she shall submit an application for vocational training to the Minister of Unification.
(2) The Minister of Unification may conduct vocational training for a person eligible for protection, etc. who has submitted an application referred to in paragraph (1) at an education and training facility within a settlement support facility, or request cooperation from the Minister of Employment and Labor, the Minister of SMEs and Startups, or the heads of local governments (hereinafter referred to as the “Minister of Employment and Labor, etc.”) so that a person eligible for protection, etc. can receive vocational training at an institution that conducts vocational ability development training under the Act on the Development of Vocational Skills of Workers (including institutions responsible for training prescribed in Article 57 (1) of the Small and Medium Enterprises Promotion Act; hereinafter the same shall apply) for at least three months, and in such cases, the Minister of Employment and Labor, etc., in receipt of a request for cooperation, shall comply therewith. <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
(3) Where the Minister of Employment and Labor, etc., in receipt of a request for cooperation for vocational training pursuant to paragraph (2) implements vocational training for a person eligible for protection, etc., he/she shall notify the outcomes thereof to the Minister of Unification.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 32-2 (Provision of Training Allowances)
(1) The Minister of Unification shall provide vocational training allowances to a person eligible for protection who receives vocational training under Article 16 of the Act during a period of vocational training.
(2) The standards for providing vocational training allowances and other necessary matters shall be prescribed by the Minister of Unification.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 33 (Vocational Guidance)
(1) The Minister of Unification shall conduct the following in order to ensure that persons eligible for protection find jobs appropriate for their abilities and aptitudes and receive vocational training based on their skills, experience, etc.:
1. Vocational counseling and vocational aptitude test;
2. Provision of occupational information, including job descriptions, working conditions, and employment trends;
3. Guidance on qualification tests of various kinds;
4. Support for the development and improvement of vocational abilities, including recommendation of appropriate vocational training institutions;
5. Other support to develop basic skills and adaptation expected of professionals.
(2) The Minister of Unification may request the Minister of Employment and Labor, etc. to conduct vocational guidance referred to in paragraph (1), and the Minister of Employment and Labor, etc., in receipt of such request, shall comply therewith.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 34 (Support for Promotion of Employment)
(1) In order to promote the employment of persons eligible for protection, the Minister of Unification shall prepare a register by collecting and recording the academic background, career experience, skills possessed, etc. of persons eligible for protection, and make it available for utilization by private enterprises, etc.
(2) Where it is necessary to promote employment of persons eligible for protection, the Minister of Unification may request the heads of the relevant administrative agencies to provide relevant data, such as the status of vocational training, employment insurance cover, etc. of persons eligible for protection. In such cases, heads of the relevant administrative agencies shall comply therewith, except in extenuating circumstances.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 34-2 (Provision of Employment Subsidies, etc.)
(1) “Date such person is first employed” referred to in the main sentence of Article 17 (1) of the Act means the date a person eligible for protection subscribes to employment insurance defined in the Employment Insurance Act during a period of protection at the place of residence prescribed in Article 5 (3) of the Act: Provided, That in cases of businesses falling under Article 2 (1) 1 of the Enforcement Decree of the Employment Insurance Act, the date verified according to the procedures determined by the Minister of Unification shall be deemed the date the person eligible for protection is first employed.
(2) The grounds for extending the period of employment security by up to one year prescribed in the proviso to Article 17 (1) of the Act shall be as follows:
1. When he/she has worked at the same business place during a period of employment security;
2. When he/she is an aged person, a person with a disability, etc. prescribed by Ordinance of the Ministry of Unification.
(3) For the purposes of applying paragraph (2) 1, when a person eligible for employment protection resigns on his/her own free will within six months after his/her employment due to such grounds as lack of aptitude or work maladjustment, and resumes employment within a period prescribed by the Minister of Unification, it shall be deemed that such person has continued to work at the same business place, on only one occasion.
(4) A business owner who wishes to receive employment subsidies referred to in Article 17 (3) of the Act shall apply for payment of employment subsidies to the regional employment and labor office having jurisdiction over the relevant enterprise by the 10th of the month following the quarter in which salary is paid to a person eligible for employment protection by submitting an application for employment subsidies, attached with a wage ledger, etc., and upon receipt of the application, the regional employment and labor office shall send it to the Minister of Unification by the 15th of the same month: Provided, That where a business owner fails to file an application within the aforesaid period for any inevitable grounds, the application shall be filed by the 10th of the month following the next quarter.
(5) Upon receipt of the application for the payment of employment subsidies prescribed in paragraph (4), the Minister of Unification shall pay employment subsidies to the relevant business owner within 30 days from the date of receiving the application after verifying the relevant employment status.
(6) Notwithstanding paragraph (5), the Minister of Unification need not pay employment subsidies in any of the following cases: <Amended by Presidential Decree No. 25769, Nov. 24, 2014>
1. When a person eligible for employment protection who is a business owner has applied for employment subsidies for his/her own employment;
2. When a business owner has received support under other statutes for employing the relevant person eligible for employment protection;
3. When a business owner has employed a person who has become eligible for protection under Article 8 of the Act after entering the Republic of Korea on or after the 29th of November, 2014.
(7) Where it is deemed necessary for conducting a fact-finding survey concerning a person eligible for employment protection, the Minister of Unification may require the business owner who has employed the person eligible for employment protection to submit related data. In such cases, the on-site investigation, interview with related persons, or other necessary measures may be implemented as required. <Amended by Presidential Decree No. 25158, Feb. 11, 2014>
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 34-3 (Preferential Purchase)
(1) “Any business owner who has set an example related to employment of persons eligible for employment protection” prescribed in Article 17 (5) of the Act means a business owner that meets the following requirements:
1. He/she shall employ, on annual average, at least seven persons eligible for employment protection;
2. At least seven percent of the average monthly number of workers shall be eligible for employment protection during at least one year.
(2) The Minister of Unification shall endeavor to ensure that goods produced by business owners prescribed in paragraph (1) are preferentially purchased by the State, local governments, and other public organizations.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 35 (Employment Arrangement)
(1) A person eligible for protection who wishes to receive employment arrangement services under Article 17 (6) of the Act shall submit an application for employment, attached with documents prescribed by Ordinance of the Ministry of Unification, to the Minister of Unification.
(2) In receipt of an application referred to in paragraph (1), the Minister of Unification shall arrange the employment of the applicant by taking into account the level of vocational training he/she has received and his/her career experience in North Korea, in consultation with the Minister of Employment and Labor, etc.
(3) Where the application for employment arrangement services referred to in paragraph (1) is filed, the Minister of Unification may request cooperation from related institutions, organizations, and corporations.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 35-2 (Restrictions on Employment Protection)
(1) The period for restricting employment protection prescribed in Article 17-2 (1) of the Act shall be as follows:
1. When a person eligible for employment protection falls under Article 17-2 (1) 1 of the Act: Six months;
2. When a person eligible for employment protection falls under Article 17-2 (1) 2 of the Act: One year.
(2) “Period prescribed by Presidential Decree” referred to in Article 17-2 (1) 1 of the Act shall be six months.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 35-3 (Restrictions on Payment of Employment Subsidies and Order for Return)
(1) In cases of business owners who have received employment subsidies provided for in Article 17 (3) of the Act (hereafter in this Article referred to as “employment subsidies”) by fraud or other improper means, the Minister of Unification shall not pay the amount which has not yet been paid of the amount of employment subsidies which was supposed to be paid initially, as prescribed in Article 17-2 (4) of the Act.
(2) In cases of business owners, in receipt of employment subsidies by fraud or other improper means, the Minister of Unification shall restrict the payment of employment subsidies which are to be newly provided during the periods set forth in the attached Table, as prescribed in Article 17-2 (4) of the Act.
(3) In receipt of an order for return referred to in Article 17-2 (4) of the Act, a business owner shall return the notified amount within 30 days from the date he/she receives the notification. In such cases, in principle, the payment shall be made in lump sum, but if the amount to be paid exceeds ten million won, payment in installments may be allowed, as prescribed by the Minister of Unification.
[This Article Newly Inserted by Presidential Decree No. 25313, Apr. 21, 2014]
 Article 35-4 (Support for Farming Settlement)
(1) The Minister of Unification may provide a person eligible for protection who hopes to engage in the farming business with necessary support, including education and training for farming, on-site training programs in rural areas, financial assistance for farming, and so forth, as prescribed in Article 17-3 of the Act: <Amended by Presidential Decree No. 24422, Mar. 23, 2013; Presidential Decree No. 25158, Feb. 11, 2014; Presidential Decree No. 25313, Apr. 21, 2014>
1. through 3. Deleted. <by Presidential Decree No. 25313, Apr. 21, 2014>
(2) The Minister of Unification may request the Minister of Agriculture, Food and Rural Affairs to provide education and training for farming or to support on-site training programs in rural areas referred to in paragraph (1). In such cases, the Minister of Agriculture, Food and Rural Affairs, in receipt of the request for cooperation, shall comply therewith, except in extenuating circumstances. <Newly Inserted by Presidential Decree No. 25158, Feb. 11, 2014>
(3) With respect to persons with a strong desire to engage in the farming business among those who have completed education and training for farming or on-site training programs in rural areas referred to in paragraph (2), the Minister of Agriculture, Food and Rural Affairs may provide necessary support to such persons, including selecting him/her as a successor to a farmer. <Amended by Presidential Decree No. 24422, Mar. 23, 2013; Presidential Decree No. 25158, Feb. 11, 2014>
(4) Matters necessary for selecting a successor to a farmer, etc. prescribed in paragraph (3) shall be determined by the Minister of Agriculture, Food and Rural Affairs. <Amended by Presidential Decree No. 24422, Mar. 23, 2013; Presidential Decree No. 25158, Feb. 11, 2014>
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 36 (Special Appointment as Public Officials, etc.)
(1) Special appointment prescribed in Article 18 (1) of the Act shall be limited to those who have experience of working at administrative agencies of various levels, public institutions, etc. in North Korea; those who have relevant qualifications in his/her desired field of employment; or those determined by the Minister of Unification, in consultation with the Minister of National Defense.
(2) A person eligible for protection who wishes to be specially appointed under Article 18 (1) of the Act shall submit an application for special appointment, attached with documents prescribed by Ordinance of the Ministry of Unification, to the Minister of Unification.
(3) Where the Minister of Unification receives the application referred to in paragraph (2), he/she shall send it, attached with a written verification of details of the application, to the Minister of Personnel Management and the heads of administrative agencies of various levels (hereafter in this Article referred to as the “Minister of Personnel Management, etc.”), and then, the Minister of Personnel Management, etc. shall notify the outcomes of such application to the relevant applicant via the Minister of Unification. <Amended by Presidential Decree No. 24422, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014>
(4) The Minister of Personnel Management, etc. may specially appoint a person eligible for protection in accordance with the statutes related to the personnel management of public officials by according preferential treatment to such person, and in such cases, a written examination which is to be administered for the relevant special employment may be exempted. <Amended by Presidential Decree No. 24422, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014>
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 37 (Special Appointment of Soldiers)
The special appointment prescribed in Article 18 (2) of the Act shall be conducted in accordance with Articles 11 and 12 of the Military Personnel Management Act and Article 11 of the Enforcement Decree of the same Act. [This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 37-2 (Methods and Procedures for Evaluating Central Administrative Agencies, etc.)
(1) The Prime Minister, the Minister of Strategy and Fiance, the Minister of the Interior and Safety, etc. who evaluate central administrative agencies, local governments and public institutions prescribed in the Framework Act on Public Service Evaluation may include the employment rate of residents escaping from North Korea in their relevant evaluation. <Amended by Presidential Decree No. 24422, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
(2) The heads of institutions that conduct evaluation prescribed in paragraph (1) shall evaluate the employment rate of residents escaping from North Korea, based upon the characteristics of agencies subject to evaluation: Provided, That paragraph (1) may not apply to areas where duties require strict and high-level security, including diplomacy, security, and national defense.
[This Article Newly Inserted by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 38 (Accommodation Support)
(1) The Minister of Unification may provide a person eligible for protection, with housing with the exclusive area not exceeding 85 square meters free of charge or offer necessary support for the lease [referring to arrangement for the lease and support necessary for paying rental deposits (hereinafter referred to as “housing subsidies”)] within budgetary limits, based upon the age, household composition, etc. of the person eligible for protection, as prescribed in Article 20 (1) of the Act: Provided, That housing subsidies may be paid only partially, as prescribed by the Minister of Unification, based upon the property and social adaptation status of the person eligible for protection and his/her immediate family's desire to settle, violations committed at settlement support facilities or temporary protection facilities, duration of stay in a third country, and so forth.
(2) The Minister of Unification may provide housing assistance by categorizing the areas where persons eligible for protection reside as follows:
1. Area “A”: The metropolitan area (referring to the Seoul Metropolitan City, Incheon Metropolitan City, and Gyeonggi-do);
2. Area “B”: The metropolitan cities (excluding Incheon Metropolitan City);
3. Area “C”: Areas other than those falling under Area “A” or “B.”
(3) Matters necessary for housing assistance, other than those prescribed in paragraphs (1) and (2), shall be determined by the Minister of Unification after undergoing deliberation by the Consultative Council.
(4) A person eligible for protection shall be entitled to special acquisition of housing with the area not exceeding 85 square meters, among the national housing defined in subparagraph 5 of Article 2 of the Housing Act and the housing provided by the State, a local government, the Korea Land and Housing Corporation established under the Korea Land and Housing Corporation Act, or a local government-invested public corporation established for the purpose of conducting housing projects prescribed in Article 49 of the Local Public Enterprises Act (hereinafter referred to as “local government-invested public corporation”), and he/she may be selected as a tenant of publicly constructed rental housing defined in subparagraph 1-2 of Article 2 of the Special Act on Public Housing or publicly purchased rental housing defined in subparagraph 1-3 of the same Act. <Amended by Presidential Decree No. 25483, Jul. 16, 2014; Presidential Decree No. 25769, Nov. 24, 2014; Presidential Decree No. 26763, Dec. 28, 2015; Presidential Decree No. 27444, Aug. 11, 2016>
(5) A person eligible for protection who wishes to acquire or lease housing pursuant to paragraph (4) shall submit an application for acquisition or lease of the relevant housing to the Minister of Unification.
(6) Upon receipt of an application submitted under paragraph (5), the Minister of Unification may forward it to the Minister of Land, Infrastructure and Transport, the heads of local governments, the chief executive officer of the Korea Land and Housing Corporation, and other managing bodies of the relevant housing to request their cooperation, and the managing bodies in receipt of the request for cooperation shall cooperate so that a resident escaping from North Korea can occupy the relevant housing by the date he/she is to be discharged from a settlement support facility. <Amended by Presidential Decree No. 24422, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 38-2 (Support for Utilization of Communal Living Facilities, etc.)
(1) In accordance with Article 20 (4) of the Act, the Minister of Unification may provide support necessary for using communal living facilities to persons eligible for protection who are aged 24 or less as at the time of the determination to provide protection prescribed in Article 8 of the Act (limited to persons not accompanied by any lineal ascendant; hereinafter referred to as “juveniles without relatives”), persons eligible for protection in whose case housing assistance is being delayed even after they cease to receive protection at settlement support facilities prescribed in Article 11 (1) of the Act, and others.
(2) With respect to juveniles without relatives who cease to receive protection at settlement support facilities prescribed in Article 11 (1) of the Act, the Minister of Unification may defer housing assistance prescribed in Article 20 (1) of the Act and allow them to use community living facilities: Provided, That where an application is filed by juveniles without relatives, the Minister of Unification may provide housing assistance to him/her, if deemed necessary, based upon the age, living ability, etc. of the relevant juveniles without relatives.
(3) The Minister of Unification may subsidize expenses needed for community living facilities to perform the following duties to the extent not overlapping with support by other institutions:
1. Provision of board and lodging;
2. Guidance for further education, supplementary education, and vocational training;
3. Support for mental and physical recovery, including counseling for psychological stability and social adaptation, and linkage with medical institutions;
4. Other duties deemed necessary by the Minister of Unification.
(4) With respect to operators of community living facilities who are recognized as in need of special assistance, in order to ensure that such operators are provided with assistance necessary to lease housing, the Minister of Unification may request cooperation from the managing bodies of the relevant housing, including the Minister of Land, Infrastructure and Transport, the heads of local governments, the chief executive officer of the Korea Land and Housing Corporation, and the presidents of local government-invested public corporations. In such cases, the managing bodies, in receipt of such request for cooperation, shall comply therewith, except in extenuating circumstances. <Amended by Presidential Decree No. 24422, Mar. 23, 2013>
(5) Matters necessary for assisting the use of community living facilities, other than those prescribed in paragraphs (1) through (4), shall be determined by the Minister of Unification.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 39 (Standards for Providing Settlement Money)
(1) The settlement money prescribed in Article 21 (1) of the Act shall be provided, based on the following categories of basic subsidies, additional subsidies, and incentives, within 200 times the monthly minimum wage prescribed in Article 5 of the Minimum Wage Act (hereafter in this Article referred to as “monthly minimum wage”): Provided, That the amount of settlement money may be reduced within the range not exceeding 50 percent of the basic subsidies, by taking into account the property and social adaptation status of a person eligible for protection and his/her immediate family, will for settlement, violations committed at settlement support facilities or temporary protection facilities, duration of stay in a third country, and so forth: <Amended by Presidential Decree No. 27857, Feb. 13, 2017>
1. Basic subsidies shall be provided based on family units, and the amount of basic subsidies shall be determined in consideration of the number of family members, within 100 times the monthly minimum wage;
2. The amount of additional subsidies shall be determined within 50 times the monthly minimum wage, based upon the age, health status, working ability, raising of children or not, etc., of a person eligible for protection and his/her family members;
3. The amount of incentives shall be determined within 50 times the monthly minimum wage, based upon the completion of vocational training, acquisition of qualifications, period of employment, etc. of a person eligible for protection.
(2) Where it is deemed necessary for social adaptation of persons eligible for protection, the Minister of Unification may pay the settlement money prescribed in paragraph (1) in installments, as prescribed by Ordinance of the Ministry of Unification.
(3) The detailed standards for paying settlement money and the grounds for reducing the amount of settlement money prescribed in paragraph (1), and other necessary matters shall be determined by the Minister of Unification, after undergoing deliberation by the Consultative Council.
(4) Where any of the grounds for paying additional subsidies or incentives arises, which shall be prescribed by Ordinance of the Ministry of Unification, the Minister of Unification may pay the relevant subsidies. <Amended by Presidential Decree No. 25769, Nov. 24, 2014>
(5) Any person who intends to receive additional subsidies or incentives prescribed in paragraph (4) shall apply for their payment by submitting an application for payment of additional subsidies or an application for payment of incentives, attached with the documents prescribed by Ordinance of the Ministry of Unification.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 40 (Standards for Paying Due Compensation)
(1) Due compensation referred to in Article 21 (2) of the Act may be paid according to the following classifications, depending on information that a person eligible for protection has provided for national interests or the type of equipment (including goods) they have brought, within 500 million won: <Amended by Presidential Decree No. 28015, May 8, 2017>
1. Information valuable for national security: Up to 500 million won;
2. Warships and fighter-bombers: Up to 500 million won;
3. Tanks, guided weapons, and other airplanes: Up to 300 million won;
4. Weapons such as guns, machine guns and rifles: Up to 50 million won;
5. Goods: Their market values.
(2) Notwithstanding paragraph (1), where the Minister of Unification deems it necessary taking into account the level of contribution made by relevant information or equipment to national security and the formulation and determination of unification policies, he/she may pay due compensation in an amount not exceeding 1 billion won. In such cases, the Minister of Unification shall consult with the Minister of National Defense and the Director of the National Intelligence Service before paying out the same. <Newly Inserted by Presidential Decree No. 28015, May 8, 2017>
(3) The specific amount of due compensation prescribed in paragraphs (1) and (2) and other necessary matters shall be determined by the Minister of Unification after undergoing deliberation by the Consultative Council.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 40-2 (Persons Eligible for Support for Formation of Settlement Assets, Provision of Grants, etc.)
(1) With respect to a person eligible for protection for whom the following requirements are satisfied, the Minister of Unification may select such person as a recipient of support, to gather assets for settlement prescribed in Article 21-2 (1) of the Act, based upon his/her employment status, purpose of asset formation, amount of assets to be formed, etc.: Provided, That in applying subparagraph 1, where a person eligible for protection gives childbirth or provides obligatory military service, or any other relevant ground arises during a period of protection at the place of residence, such person may be selected as a recipient of support for a period determined by the Minister of Unification within two years from the expiration of the period of protection at the place of residence:
1. It must be within a period of protection at the place of residence prescribed in Article 5 (3) of the Act;
2. He/she must have been employed for at least three months as at the time when six months have passed from the date he/she initially moved into the place of his/her residence.
(2) A person eligible for protection selected as a recipient of support for formation of assets for settlement pursuant to paragraph (1) (hereinafter referred to as “person eligible for support for formation of settlement assets”) shall deposit some of his/her monthly income for any of the following purposes, in an account opened with an institution entrusted with business affairs related to the accumulation of funds for establishing settlement assets pursuant to Article 49 (4):
1. Funds for purchasing or leasing a house;
2. Funds for education or technical training of the person eligible for protection himself/herself or his/her children;
3. Funds for business start-up or operation;
4. Other purposes determined and publicly notified by the Minister of Unification.
(3) For the purpose of assisting a person eligible for support for formation of settlement assets, the Minister of Unification shall deposit the same amount as the monthly reserve referred to in paragraph (2) each month, as determined and publicly notified by the Minister of Unification.
(4) The period of assisting a person eligible for support for formation of settlement assets shall be two years: Provided, That where a person eligible for support for formation of settlement assets applies for additional support within a period of protection at the place of residence referred to in Article 5 (3) of the Act (where selection as a person eligible for support for formation of settlement assets can be made under the proviso to paragraph (1), it means the relevant period) after the expiration of the period of such assistance, the Minister of Unification may extend such period by up to two times by one year each time.
(5) Where the period of assistance referred to in paragraph (4) expires, the Minister of Unification may pay grants reserved pursuant to paragraph (3) to a person eligible for support for formation of settlement assets.
(6) Notwithstanding paragraph (5), where a person eligible for support for formation of settlement assets falls under any of the following, the Minister of Unification may not pay grants referred to in paragraph (5) or recover the amount of grants already paid: <Amended by Presidential Decree No. 28015, May 8, 2017>
1. Where he/she is a recipient of livelihood benefits defined in Article 7 (1) 1 of the National Basic Living Security Act as at the time the period of assistance expires;
2. Where the deposit has been made using money other than the earned income of the relevant person eligible for support for formation of settlement assets;
3. Where grants paid under paragraph (5) have been used for any purpose other than those prescribed in the subparagraphs of paragraph (2);
4. Where he/she has not received education referred to in paragraph (7).
(7) The Minister of Unification may provide a person eligible for support for formation of settlement assets with education on debt management, asset management, credit management, financial planning, and so forth, during the period of assistance referred to in paragraph (4).
(8) Detailed matters necessary for the application and selection procedures for a person eligible for support for formation of settlement assets, methods for opening an account, amount to be reserved, scope for using reserved funds, methods for paying or recovering grants, methods for providing education, etc. provided for in paragraphs (1), (2), and (4) through (7) shall be prescribed and publicly notified by the Minister of Unification.
[This Article Newly Inserted by Presidential Decree No. 25769, Nov. 24, 2014]
 Article 41 (Fact-Finding Surveys, etc.)
(1) The Minister of Unification shall conduct a fact-finding survey necessary for protecting and supporting residents escaping from North Korea who are staying overseas, and reflect the outcomes thereof in the relevant policies.
(2) For the purpose of providing protection at the place of residence in accordance with Article 22 (1) of the Act, the Minister of Unification may require his/her officials to examine relevant matters.
(3) Any public official who administers an examination prescribed in paragraph (2) shall present identification indicating his/her authority to the relevant persons.
(4) The Minister of Unification shall prepare and manage the registry for protection at the place of residence, which shall include matters examined under paragraph (2), for five years from the date the relevant person initially moves into his/her place of residence.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 41-2 (Guidance for Living at Place of Residence)
In order to support persons eligible for protection by protecting their personal safety until they arrive at the place of residence from a settlement support facility, providing guidance for living at the place of residence, and so forth, the Minister of Unification may designate and utilize volunteers (hereinafter referred to as “settlement helpers”).
[This Article Newly Inserted by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 42 (Protection of Personal Safety at Place of Residence)
(1) In order to protect the personal safety of a person eligible for protection after he/she moves into the place of residence pursuant to Article 22 of the Act, the Minister of Unification may request cooperation from the Minister of National Defense or the Commissioner General of the Korean National Police Agency, and, in receipt of the request for cooperation, the Minister of National Defense or the Commissioner General of the Korean National Police Agency shall comply therewith.
(2) Matters necessary for protecting the personal safety of a person eligible for protection prescribed in paragraph (1) shall be determined by the Minister of Unification, in consultation with the Minister of National Defense, the Director of the National Intelligence Service and the Commissioner General of the Korean National Police Agency. In such cases, with regard to matters concerning protecting personal safety related to overseas travel, the Minister of Unification may hear the opinions of the Minister of Foreign Affairs and the Minister of Justice. <Amended by Presidential Decree No. 24422, Mar. 23, 2013; Presidential Decree No. 25158, Feb. 11, 2014>
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 42-2 (Establishment and Operation of Regional Consultative Council for Supporting Residents Escaping from North Korea)
(1) For the purpose of providing protection at the place of residence as prescribed in Article 22 (1) of the Act, the Minister of Unification may establish and operate a regional consultative council for supporting residents escaping from North Korea within the competent local government having jurisdiction over the place of residence of a person eligible for protection (hereinafter referred to as “regional consultative council”).
(2) A regional consultative council may be comprised of public officials in charge of protection of personal safety prescribed in Article 42, public officials belonging to the employment centers of the Ministry of Employment and Labor, and related persons from the Foundation of Support for Residents Escaping from North Korea provided for in Article 30 of the Act, religious organizations, private organizations, corporations, etc.
(3) Detailed matters necessary for establishing and operating a regional consultative council and other related matters shall be determined by the Minister of Unification.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 43 (Obligations to Report)
In accordance with Article 23 of the Act, the head of a local government shall report details of the registry for protection at the place of residence referred to in Article 41 (4) to the Minister of Unification via the Minister of the Interior and Safety, semi-annually, for five years from the date of initial taking occupancy of first residence. <Amended by Presidential Decree No. 24422, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27857, Feb. 13, 2017; Presidential Decree No. 28211, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 44 (Support for Admission to Schools, etc.)
(1) With respect to admission or transfer (limited to where persons eligible for protection apply for transfer to schools of various levels by obtaining accreditation of his/her academic background as prescribed in Article 13 of the Act; hereinafter the same shall apply) of persons eligible for protection to schools of various levels in the Republic of Korea, the standards prescribed in the statutes related to education shall apply.
(2) With respect to persons eligible for protection seeking admission or transfer referred to in paragraph (1), the Minister of Unification may provide preparatory or supplementary learning courses for such admission or transfer, in cooperation with the Minister of Education. <Amended by Presidential Decree No. 24422, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 45 (Persons Eligible for Educational Support)
Educational support referred to in Article 24 (1) of the Act shall be limited to any of the following persons eligible for protection: Provided, That in cases of persons falling under subparagraph 2 or 3, the same shall apply only where persons eligible for protection enter or transfer to schools during a period of protection at the place of residence prescribed in Article 5 (3) of the Act or within five years of obtaining accreditation of his/her graduation from high school or academic background equivalent thereto or higher: <Amended by Presidential Decree No. 25769, Nov. 24, 2014>
1. Persons who enter or transfer to any of the schools defined in subparagraphs 2 through 6 of Article 2 of the Elementary and Secondary Education Act at an age less than 25;
2. Persons who enter or transfer to any of the colleges defined in subparagraph 1 or 3 of Article 2 of the Higher Education Act at an age less than 35;
3. Persons who enter or transfer to any of the following educational institutions:
(a) Schools defined in subparagraphs 2 and 4 through 7 of Article 2 of the Higher Education Act;
(b) Lifelong educational establishments recognized for granting credits or academic degrees pursuant to the Lifelong Education Act;
(c) Education and training institutes that operate the courses of study assessed and certified pursuant to the Act on Recognition of Credits, Etc.;
(d) Polytechnic colleges that operate degree courses in compliance with the Act on the Development of Vocational Skills of Workers.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 45-2 (Support to Schools, etc.)
(1) In accordance with Article 24 (2) of the Act, the Minister of Unification may subsidize expenses incurred in operating any of the following schools (hereinafter referred to as “schools, etc.”) to the extent not overlapping with support by related institutions: <Amended by Presidential Decree No. 25158, Feb. 11, 2014>
1. Schools that operate special adaptation training programs for residents escaping from North Korea, among the schools defined in the subparagraphs of Article 2 of the Elementary and Secondary Education Act;
2. Schools that provide preparatory or supplementary learning courses prescribed in Article 44 (2) for residents escaping from North Korea or their children, among schools other than those defined in the subparagraphs of Article 2 of the Elementary and Secondary Education Act.
(2) The head of an institution that operates a school, etc. shall report the outcomes of operating schools, etc. to the Minister of Unification on a quarterly basis, and the Minister of Unification shall administer and supervise to ensure that a school, etc. is operated in compliance with the purpose of support.
(3) The Minister of Unification may suspend providing support when it is deemed inappropriate for support to be continued since the execution of budget by schools, etc. fails to comply with the objective of support or the provision of support has resulted in poor performance only.
(4) Matters necessary for providing support to schools, etc., other than those prescribed in paragraphs (1) through (3), shall be determined by the Minister of Unification.
[This Article Newly Inserted by Presidential Decree No. 21658, Jul. 31, 2009]
 Article 46 (Standards for Educational Support)
(1) In cases of persons falling under subparagraph 1 of Article 45, the payment of the entrance fees, tuition fees, school operation support funds, dormitory fees, etc. of schools defined in subparagraphs 1 through 5 of Article 2 of the Elementary and Secondary Education Act shall be exempted. <Amended by Presidential Decree No. 25769, Nov. 24, 2014>
(2) The Minister of Unification may partially subsidize the living expenses of persons who enter or transfer to high schools tailored to industrial demand referred to in Article 90 (1) 10 of the Enforcement Decree of the Elementary and Secondary Education Act or specialized high schools referred to in Article 91 (1) of the same Enforcement Decree (excluding high schools specialized in experience-oriented education, such as field training in nature). <Newly Inserted by Presidential Decree No. 25769, Nov. 24, 2014>
(3) In cases of persons who enter or transfer to national or public educational institutions falling under subparagraph 2 or 3 of Article 45, the payment of entrance fees, tuition fees, dues for school supporting association, etc. shall be exempted. <Amended by Presidential Decree No. 25769, Nov. 24, 2014>
(4) With respect to persons who enter or transfer to private educational institutions falling under subparagraph 2 or 3 of Article 45, the Minister of Unification shall subsidize half the amount of entrance fees, tuition fess, etc.: Provided, That the Minister of Unification may not provide subsidies after taking into account the school performance, attitude, etc. of the relevant person eligible for protection. <Amended by Presidential Decree No. 25769, Nov. 24, 2014>
(5) The support prescribed in paragraphs (3) and (4) shall be provided for up to eight semesters within six years from the date the relevant person eligible for protection enters or transfers to a school for the first time (it shall be up to 12 semesters within the period of eight years in cases of medical, dental, pharmaceutical, veterinary medicine, and oriental medicine schools). <Amended by Presidential Decree No. 25769, Nov. 24, 2014>
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 47 (Procedures for Providing Educational Support)
(1) A person eligible for protection who wishes to obtain educational support prescribed in Article 24 of the Act shall submit an application for educational support to the Minister of Education.
(2) Where the Minister of Unification receives the application referred to in paragraph (1), he/she shall determine whether to provide support and notify the result of his/her determination to the relevant applicant within ten days from the date such application is received. <Amended by Presidential Decree No. 25769, Nov. 24, 2014>
(3) The methods and procedures for providing educational support and other necessary matters shall be prescribed by Ordinance of the Ministry of Unification.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 47-2 (Period for Education, etc. of Preparatory Schools)
(1) The period for education of a preparatory school defined in Article 24-2 (2) of the Act shall be up to one year from the date the relevant person starts receiving basic education at a settlement support facility.
(2) A person entitled to enter a preparatory school shall be the one aged at least six years but not more than 24 years who wishes to enter a preparatory school, among residents escaping from North Korea who are receiving, or have completed, basic education at a settlement support facility. <Amended by Presidential Decree No. 25769, Nov. 24, 2014>
(3) Matters necessary for the methods and procedures for entering preparatory schools shall be determined by the heads of settlement support facilities.
[This Article Newly Inserted by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 47-3 (Education Programs of Preparatory Schools)
A preparatory school shall operate the following programs:
1. Academic aptitude diagnosis, and vocational guidance and further education;
2. Support for transfer admission, including accreditation of academic background, etc. prescribed in Article 13 of the Act;
3. Preparatory or supplementary learning prescribed in Article 44 (2);
4. Education for adaptation to schools and social life through psychological diagnosis, counseling, etc.
[This Article Newly Inserted by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 47-4 (Appointment of Teachers of Preparatory Schools, etc.)
(1) For the purposes of educational operation of preparatory schools, the Minister of Unification shall appoint persons who meet the qualification requirements described in Article 21 (2) of the Elementary and Secondary Education Act as teachers.
(2) Where it is necessary for educational operation of preparatory schools, the Minister of Unification may request the Minister of Education to dispatch teachers. <Amended by Presidential Decree No. 24422, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 47-5 (Scope of Persons Eligible for Support for Insurance Premium Payment, and Scope of Support)
The scope of persons eligible for protection and the scope of the support for insurance premium payment prescribed in Article 25 (3) of the Act shall be as follows:
1. Persons eligible for protection: The insured of the health insurance prescribed in Article 5 (1) of the National Health Insurance Act among the persons eligible for protection who are provided with protection at the place of residence prescribed in Article 5 (3) of the Act: Provided, That this shall not apply to persons whose average monthly household income for the relevant year is at least the average monthly income per household of urban workers for the preceding year according to the designated statistics publicly announced by the Commissioner of the Statistics Korea under Article 17 (3) of the Statistics Act;
2. Insurance contributions: 50 percent of insurance contributions prescribed in Article 69 of the National Health Insurance Act (where the amount of insurance contributions is reduced under Article 75 (1) of the same Act, it means the amount of insurance contributions after the reduction).
[This Article Newly Inserted by Presidential Decree No. 25158, Feb. 11, 2014]
 Article 47-6 (Support for Livelihood)
In accordance with Article 26-3 of the Act, the State, local governments, or other public organizations may allow or entrust the establishment of convenience businesses or facilities within public facilities under their jurisdiction through a free contract. In such cases, they shall accord preferential consideration to any of the following persons eligible for protection:
1. Persons with disabilities;
2. One-parent family;
3. Patients who require treatment for at least six months;
4. People aged at least 55 years who are living in poverty.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 48 (Grounds for Alteration of Protection)
“Grounds prescribed by Presidential Decree” referred to in Article 27 (1) 6 of the Act means any of the following cases: <Amended by Presidential Decree No. 25769, Nov. 24, 2014>
1. Where a person eligible for protection has been specially appointed as a public official of Grade V, public official in general service belonging to the Senior Executive Service, or field-grade officer;
2. Where a person eligible for protection has been employed in professions such as a professor and researcher, or his/her professional qualifications as those as a doctor, have been recognized;
3. Where the amount of assets acquired by a person eligible for protection, including due compensation provided for in Article 40, is at least 300 million won;
4. Where it is ascertained that a person eligible for protection has applied for asylum in a third country;
5. Where a person eligible for protection has received, or attempted to receive, protection and support prescribed in the Act or this Decree by fraud or other improper means;
6. Where a person eligible for protection has helped, or attempted to help, another person to receive protection and support prescribed in the Act or this Decree by fraud or other improper means;
7. Where a person eligible for protection has engaged in conduct that has caused serious harm to national security.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 48-2 (Establishment, Organization, etc. of Foundation of Support for Residents Escaping from North Korea)
(1) Directors of the Foundation of Support for Residents Escaping from North Korea (hereinafter referred to as the “Foundation”) prescribed in Article 30 of the Act shall be appointed by the Minister of Unification on the recommendation of its chief director: Provided, That this shall not apply to ex officio directors determined by the articles of association of the Foundation.
(2) An auditor shall be appointed by the Minister of Unification.
(3) The chief director shall appoint up to three full-time directors from among the directors, in consultation with the Minister of Unification.
(4) Employees of the Foundation shall be appointed by the chief director, as prescribed by the articles of association.
(5) Where it is deemed necessary for achieving its purposes, the Foundation may request via the Minister of Unification that relevant administrative agencies or public institutions dispatch public officials, executive officers, employees, etc., and the heads of relevant administrative agencies or public institutions, in receipt of such request, may dispatch his/her public officials, executive officers, employees, etc., to the Foundation.
[This Article Newly Inserted by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 48-3 (Operation of Foundation, etc.)
(1) Where the Foundation intends to establish or amend its articles of association or by-laws concerning any of the following matters, it shall obtain approval from the Minister of Unification:
1. Matters related to the organization and personnel of the Foundation;
2. Matters related to the remuneration and service of executive officers and employees;
3. Matters related to operating and managing funds;
4. Other important matters related to operating the Foundation.
(2) Matters necessary for managing the provision and execution of contributions or subsidies provided for in Article 30 (7) of the Act shall be determined by the Minister of Unification.
[This Article Newly Inserted by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 48-4 (Direction and Supervision over Foundation, etc.)
In accordance with Article 30 (12) of the Act, the Minister of Unification may require the Foundation to report matters necessary for its duties, accounting, or property or have his/her officials inspect documents, articles, etc. of the Foundation; when it is deemed necessary, the Minister of Unification may issue a corrective order to the Foundation or take other necessary measures.
[This Article Newly Inserted by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 49 (Delegation of Authority)
(1) In accordance with Article 31 (1) of the Act, the Minister of Unification shall delegate the following duties necessary for providing protection at the place of residence prescribed in Article 22 of the Act to the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor: <Amended by Presidential Decree No. 25158, Feb. 11, 2014>
1. Matters related to the examination and the preparation and management of the registry for protection at the place of residence prescribed in Article 41 (2) and (4);
2. Matters related to establishing, operating, etc. a regional consultative council prescribed in Article 42-2;
3. Matters related to supporting the integration of persons eligible for protection into local communities, including providing a variety of information, materials, etc. concerning local communities;
4. Matters related to the linkage with social welfare service organizations in local communities;
5. Other matters related to self-reliance and settlement at the place of residence.
(2) The Minister of Unification shall entrust the following duties to the Minister of Employment and Labor, as prescribed in Article 31 (2) of the Act:
1. Providing vocational training (excluding vocational training provided at settlement support facilities) prescribed in Article 32;
2. Providing training allowances referred to in Article 32-2;
3. Vocational guidance prescribed in Article 33;
4. Receiving an application for employment and employment arrangement service prescribed in Article 35.
(3) The Minister of Unification shall entrust the following projects to the Foundation, as prescribed in Article 31 (2) of the Act: <Amended by Presidential Decree No. 25158, Feb. 11, 2014; Presidential Decree No. 25313, Apr. 21, 2014>
1. The following projects related to operating local adaptation centers referred to in Article 15-2 of the Act:
(a) Developing and disseminating programs and work manuals of local adaptation centers;
(b) Supplementary education for employees of local adaptation centers;
(c) Inspecting actual conditions of local adaptation centers;
2. Fact-finding survey provided for in Article 22 (3) of the Act;
3. Operating the system of professional counsellors provided for in Article 22-2 of the Act;
4. Projects related to training experts for education of persons eligible for protection, etc. prescribed in Article 24 (3) of the Act;
4-2. Duties related to subsidizing insurance premiums prescribed in Article 25 (2) of the Act;
5. Support for farming settlement prescribed in Article 35-3 (1);
6. Projects for supporting the operation of communal living facilities prescribed in Article 38-2 (1) through (3);
7. Projects for supporting settlement support activities of organizations of residents escaping from North Korea;
8. Projects of settlement helpers prescribed in Article 41-2;
9. Subsidizing expenses of schools, etc. prescribed in Article 45-2.
(4) In accordance with Article 31 (2) of the Act, the Minister of Unification shall entrust projects related to accumulating funds for supporting the formation of settlement assets prescribed in Article 21-2 of the Act and Article 40-2 of this Decree to institutions prescribed by the Minister of Unification among the institutions that conduct financial businesses pursuant to the Banking Act; the Financial Investment Services and Capital Markets Act; the Insurance Business Act; the Mutual Savings Banks Act; the Credit Unions Act, etc. <Newly Inserted by Presidential Decree No. 25769, Nov. 24, 2014>
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 49-2 (Management of Personally Identifiable Information)
(1) The Minister of Unification (including a person to whom his/her duties have been delegated or entrusted under Article 49) or the head of a related administrative agency where any member of the Consultative Council on Residents Escaping from North Korea belongs pursuant to Article 6 of the Act may manage data containing resident registration numbers or passport numbers referred to in subparagraph 1 or 2 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if essential to conduct the following: <Amended by Presidential Decree No. 25769, Nov. 24, 2014>
1. Duties related to administering and keeping a personal identification registry prescribed in Article 12 of the Act;
2. Duties related to accrediting academic background prescribed in Article 13 of the Act and Article 27 of this Decree;
3. Duties related to employment protection, etc. prescribed in Article 17 of the Act and Article 35 of this Decree;
4. Duties related to special cases concerning divorce prescribed in Article 19-2 of the Act;
5. Duties related to accommodation support, etc. prescribed in Article 20 of the Act and Articles 38 and 38-2 of this Decree;
6. Duties related to providing settlement money referred to in Article 21 of the Act, or goods of value equivalent thereto;
6-2. Duties related to supporting the formation of settlement assets referred to in Article 21-2 of the Act;
7. Duties related to providing protection at the place of residence provided for in Article 22 of the Act and Article 42 of this Decree;
8. Duties related to educational support provided for in Article 24 of the Act;
9. Duties related to altering protection provided for in Article 27 of the Act;
10. Deleted; <by Presidential Decree No. 25769, Nov. 24, 2014>
11. Duties related to direction, supervision, etc. over the Foundation prescribed in Article 48-4.
(2) The Foundation may manage data containing resident registration numbers or passport numbers referred to in subparagraph 1 or 2 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if unavoidable, to conduct the projects specified in the subparagraphs of Article 30 (4) of the Act. <Amended by Presidential Decree No. 25158, Feb. 11, 2014>
(3) Any institution, organization, or facility entrusted with local adaptation education pursuant to Article 30 (5) may manage data containing resident registration numbers or passport numbers referred to in subparagraph 1 or 2 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if unavoidable, to provide local adaptation education. <Newly Inserted by Presidential Decree No. 25158, Feb. 11, 2014>
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
 Article 50 (Application for Objection)
(1) In receipt of an application for objection referred to in Article 32 of the Act, the Minister of Unification shall send a copy thereof to the Director of the National Intelligence Service without delay.
(2) The Minister of Unification shall notify the outcomes of the application for objection referred to in Article 32 of the Act, to the relevant applicant within 60 days from the date he/she receives such application. In such cases, where 60 days have elapsed from the date of receiving the application, the relevant application for objection shall be deemed accepted.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 51 (Re-Examination of Regulation)
The Minister of Unification shall examine the appropriateness of the following matters every two years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every second year), and shall take measures, such as making improvements: <Amended by Presidential Decree No. 27751, Dec. 30, 2016>
1. Restrictions on employment protection prescribed in Article 35-2: January 1, 2017;
2. Grounds for alteration of protection prescribed in Article 48: January 1, 2017.
[This Article Wholly Amended by Presidential Decree No. 25769, Nov. 24, 2014]
ADDENDA
(1) (Enforcement Date) This Decree shall enter into force on July 14, 1997.
(2) (Repeal of other Statutes) The Enforcement Decree of the Act on the Protection of North Korean Repatriates shall be repealed.
(3) Omitted.
ADDENDA <Presidential Decree No. 15967, Dec. 31, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 1999.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 15984, Dec. 31, 1998>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 16211, Mar. 31, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 16326, May 24, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 16695, Jan. 28, 2000>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 17115, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 17620, Jun. 3, 2002>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18146, Nov. 29, 2003>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 30, 2003. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 18601, Dec. 18, 2004>
(1) (Enforcement Date) This Decree shall enter into force on January 1, 2005.
(2) (Transitional Measures concerning Standards for Providing Settlement Money) Notwithstanding the amended provisions of Article 39, the former provisons shall apply to persons who enter the Republic of Korea in accordance with the procedures prescribed in the Immigration Act, as at the time this Decree enters into force, and for whom protection is determined to be provided after this Decree enters into force as well as persons for whom protection is determined to be provided as at the time this Decree enters into force.
(3) Deleted. <by Presidential Decree No. 20117, Jun. 28, 2007>
ADDENDA <Presidential Decree No. 18911, Jun. 30, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2005.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20117, Jun. 28, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Committee for Examining Accreditation of Qualifications)
A committee established to examine whether to grant accreditation of qualifications of persons eligible for protection within an institution in charge of duties related to accreditation of qualifications as at the time this Decree enters into force shall be deemed a committee for examining accreditation of qualifications established under the amended provisions of Article 28 (4).
ADDENDA <Presidential Decree No. 20721, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20797, Jun. 5, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21087, Oct. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, that Article 10 shall enter into force on November 1, 2008, Articles 24 through 26 on January 1, 2010, Article 29 on July 1, 2009, and Article 48 on January 1, 2013.
Article 2 (Transitional Measures concerning Amendment of the Decree on Disciplinary Actions against Public Officials)
(1) The Central Disciplinary Committee 1 and Central Disciplinary Committee 2 established under the former provisions of the Decree on Disciplinary Action against Public Officials as at the time this Decree enters into force, shall be deemed the Central Disciplinary Committee established under this Decree.
(2) A request for disciplinary decision received by the Central Disciplinary Committee 1 or Central Disciplinary Committee 2 under the former provisions of the Decree on Disciplinary Action against Public Officials as at the time this Decree enters into force, shall be deemed to have been received by the Central Disciplinary Committee established under this Decree.
(3) A determination by the Central Disciplinary Committee 1 or Central Disciplinary Committee 2 established under the former provisions of the Decree on Disciplinary Action against Public Officials as at the time this Decree enters into force shall be deemed a determination by the Central Disciplinary Committee established under this Decree.
(4) Any member of the Central Disciplinary Committee 2 established under the former provisions of the Decree on Disciplinary Action against Public Officials as at the time this Decree enters into force shall be deemed appointed or commissioned as a member of the Central Disciplinary Committee under this Decree.
Article 3 (Transitional Measures concerning Amendment of the Enforcement Decree of the Framework Act on Logistics Policies)
Any measure taken by the Minister of Land, Transport and Maritime Affairs under the former provisions of the Enforcement Decree of the Framework Act on Logistics Policies after undergoing deliberation and resolution by the Committee for Qualification Examination for Logistics Administrators as at the time this Decree enters into force shall be deemed taken by the Minister of Land, Transport and Maritime Affairs under this Decree.
Article 4 Omitted.
ADDENDA <Presidential Decree No. 21658, Jul. 31, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 1-2 shall enter into force on January 31, 2010.
Article 2 (Transitional Measures)
In any of the following cases, notwithstanding the amended provisions of Article 34-2 (1), a person eligible for protection shall be deemed to have been employed during a period of protection at the place of residence for the first time:
1. When a person eligible for protection, for whom the protection at the place of residence has been terminated, is employed for the first time by July 31, 2010;
2. When a person eligible for protection, in whose case the first four years of the period of protection at the place of residence have elapsed, is employed after the period of protection at the place of residence expires for the first time by July 31, 2010.
ADDENDA <Presidential Decree No. 21744, Sep. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1 2009.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21835, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22406, Sep. 27, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Educational Support)
The amended provisions of Article 46 shall also apply to persons eligible for protection who enter or transfer to schools before this Decree enters into force.
Article 3 (Special Cases on Appointment of Directors)
Notwithstanding the amended provisions of Article 48-2 (1), directors when the Foundation is initially established shall be appointed by the Minister of Unification without recommendation by the chief director.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24422, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25158, Feb. 11, 2014>
This Decree shall enter into force on February 14, 2014.
ADDENDUM <Presidential Decree No. 25313, Apr. 21, 2014>
This Decree shall enter into force on April 22, 2014.
ADDENDA <Presidential Decree No. 25483, Jul. 16, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to any Presidential Decree, which are promulgated before this Decree enters into force and are to be amended pursuant to Article 5 of the Addenda, but the date on which they enter into force has yet to arrive, shall enter into force on the date such Presidential Decree enters into force.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25769, Nov. 24, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 29, 2014.
Article 2 (Applicability to Support for Formation of Assets for Settlement)
The amended provisions of Article 40-2 shall begin to apply from the first person who enters the Republic of Korea in accordance with the procedures set forth in the Immigration Act after this Decree enters into force and for whom protection is determined to be provided under Article 8 of the Act.
Article 3 (Transitional Measures concerning Standards for Providing Settlement Money)
Notwithstanding the amended provisions of Article 39 (4), the former provisions shall apply to persons for whom a period of protection at the place of residence is terminated as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 26763, Dec. 28, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 29, 2015.
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 27444, Aug. 11, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 12, 2016.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 27857, Feb. 13, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Standards for Paying Additional Subsidies)
The amended provisions of Article 39 (1) 2 shall begin to apply from a
person who emerges from protection at settlement support facilities prescribed
in Article 11 of the Act after this Decree enters into force.
ADDENDA <Presidential Decree No. 28015, May 8, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Standards for Paying Due Compensation)
Notwithstanding the amended provisions of Article 40, the former provisions shall apply to standards for paying due compensation where causes for granting due compensation occur before this Decree enters into force.
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 in accordance with Article 8 of these addenda, amendments to Presidential Decrees, which were promulgated before this Decree enters into force, but the dates on which they are to enter into force have yet to arrive, shall enter into force on the enforcement dates of the respective Decrees.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28659, Feb. 20, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Period of Measures for Protecting Personal Safety of Applicant for Protection and of Examination)
The amended provisions of Article 12 (2) shall apply to an applicant for protection who enters the Republic of Korea after this Decree enters into force.