The purpose of this Act is to provide for matters relating to protection and support as are necessary to help North Korean residents escaping from the area north of the Military Demarcation Line who desire to be protected from the Republic of Korea, as swiftly as possible to adapt themselves to, and settle down in, all spheres of their lives, including political, economic, social and cultural spheres.
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
The terms used in this Act shall be as follows:
| 1. | The term "residents escaping from North Korea" means persons who have their residence, lineal ascendants and descendants, spouses, workplaces, etc. in the area north of the Military Demarcation Line (hereinafter referred to as "North Korea"), and who have not acquired any foreign nationality after escaping from North Korea; |
| 2. | The term "persons eligible for protection" means residents escaping from North Korea who are provided with protection and support pursuant to this Act; |
| 3. | The term "settlement support facilities" means facilities established and operated for the protection and settlement support of persons eligible for protection pursuant to Article 10 (1); |
| 4. | The term "protection money or goods" means money or goods paid, delivered or lent to persons eligible for protection pursuant to this Act. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 3 (Scope of Application) |
This Act shall apply to residents escaping from North Korea, who have expressed their intention to be protected by the Republic of Korea.
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 4 (Basic Principles) |
| (1) | The Republic of Korea shall provide persons eligible for protection with special protection on the principle of humanitarianism. |
| (2) | The Republic of Korea shall make all of its diplomatic efforts to protect and support residents escaping from North Korea, who are staying in foreign countries. |
| (3) | Persons eligible for protection shall strive to lead healthy and cultural lives by adapting themselves to the free and democratic legal order of the Republic of Korea. |
| (4) | The Minister of Unification shall ascertain the actual conditions of residents escaping from North Korea for protection, support, etc. of residents escaping from North Korea and reflect the result thereof on the policies. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 5 (Criteria for Protection, etc.) |
| (1) | The criteria for protection of and support for persons eligible for protection shall be reasonably determined in consideration of their age, members of a family, academic background, personal career, self-supporting ability, health conditions and personal possessions. |
| (2) | In principle, the protection and settlement support prescribed in this Act shall be provided on the basis of respective individuals, but may, if deemed necessary, be given on the basis of family as prescribed by Presidential Decree. |
| (3) | Persons eligible for protection shall be provided with protection at settlement support facilities within one year and at the place of residence for five years: Provided, That where special grounds exist, the respective periods of protection may be reduced or extended following deliberations by the Consultative Council on Residents Escaping from North Korea as prescribed in Article 6. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 6 (Consultative Council on Residents Escaping from North Korea) |
| (1) | The Consultative Council on Residents Escaping from North Korea (hereinafter referred to as "Consultative Council") shall be established under the Ministry of Unification in order to deliberate on and coordinate policies on residents escaping from North Korea and to deliberate on such matters relating to their protection and settlement support as prescribed in the following subparagraphs: |
| 1. | Matters relating to the reduction or extension of the period of protection and settlement support as prescribed in the proviso to Article 5 (3); |
| 2. | Matters relating to decisions on whether to grant protection under the main sentence of Article 8 (1); |
| 3. | Matters relating to suspension or termination of the protection of employment under Article 17-2 (2); |
| 4. | Matters relating to suspension or termination of protection and settlement support under Article 27 (1); |
| 5. | Matters relating to measures, such as correction under Article 32 (2); |
| 6. | Other matters relating to protection and settlement support for persons eligible for protection as prescribed by Presidential Decree. |
| (2) | The Consultative Council shall be comprised of members not exceeding 25 persons, including one chairperson. |
| (3) | The Vice Minister of Unification shall hold the office of th chairperson and exercise overall control and supervision of the affairs of the Consultative Council. |
| (4) | Matters necessary for the composition and operation of the Consultative Council, other than those prescribed in paragraphs (1) through (3) shall be determined by Presidential Decree. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 7 (Application for Protection, etc.) |
| (1) | Any person escaping from North Korea who intends to be protected under this Act, shall apply for protection in person to the head of an overseas diplomatic or consular mission, or the head of any administrative agency (including the commander of a military unit of various levels; hereinafter referred to as "head of an overseas diplomatic or consular mission, etc."): Provided, That the same shall not apply where there exist the grounds prescribed by Presidential Decree, which make it difficult for the person to apply for protection in person. |
| (2) | The head of an overseas diplomatic or consular mission, etc. in receipt of such application for protection under the main sentence of paragraph (1) shall promptly inform the Minister of Unification and the Director General of the National Intelligence Service via the head of the central administrative agency to which he/she belongs of such fact. |
| (3) | The Director of the National Intelligence Service notified pursuant to paragraph (2) shall take provisional protective measures or other necessary steps and promptly inform the Minister of Unification of the result. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 8 (Decision on Protection, etc.) |
| (1) | When the Minister of Unification is notified as prescribed in Article 7 (3), he/she shall decide on eligibility for protection following deliberation by the Consultative Council: Provided, That with respect to a person who is likely to affect national security to the considerable extent, the Director of the National Intelligence Service shall decide on eligibility for their protection, and inform or notify the Minister of Unification and the applicant for protection of the results thereof. |
| (2) | Where the Minister of Unification has decided on eligibility for protection pursuant to the main sentence of paragraph (1), he/she shall promptly inform the head of an overseas diplomatic or consular mission, etc. via the head of the relevant central administrative agency of such decision, and the head of an overseas diplomatic or consular mission, etc. informed as such shall promptly notify the applicant thereof. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 9 (Criteria for Protection Decision) |
| (1) | In determining whether to provide protection pursuant to the main sentence of Article 8 (1), any of the following persons may not be designated as persons eligible for protection: |
| 1. | International criminal offenders involved in aircraft hijacking, drug trafficking, terrorism or genocide, etc.; |
| 2. | Offenders of nonpolitical and serious crimes, such as murder; |
| 3. | Suspects of disguised escape; |
| 4. | Persons who have earned their living for not less than ten years in their respective countries of sojourn; |
| 5. | Persons who have applied for protection when one year elapsed since their entry into the Republic of Korea; |
| 6. | Other persons prescribed by Presidential Decree as unfit for the designation as persons eligible for protection. |
| (2) | The provisions of paragraph (1) 4 shall not apply in cases where countries of sojourn or residents escaping from North Korea sojourning in such countries have unavoidable reasons prescribed by Presidential Decree. |
| (3) | The Minister of Unification may provide support and protection prescribed in any of the following subparagraphs, if necessary, to the residents escaping from North Korea who have not been designated as persons eligible for protection because they fall under any of the subparagraphs of paragraph (1): |
| 2. | Protection and support prescribed by Presidential Decree as necessary for settlement in a community. |
| (4) | Other matters necessary for protection and support under paragraph (3) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 10 (Establishment of Settlement Support Facilities) |
| (1) | The Minister of Unification shall establish and operate settlement support facilities to provide protection and settlement support to persons eligible for protection: Provided, That the Director of the National Intelligence Service may establish and operate separate settlement support facilities for the persons for whom he/she has decided to provide protection pursuant to the proviso to Article 8 (1). |
| (2) | Where the Minister of Unification or the Director of the National Intelligence Service establishes the settlement support facilities pursuant to paragraph (1), he/she shall provide accomodations and other necessary facilities so that persons eligible for protection may pursue healthy and comfortable lives and adaptation activities. |
| (3) | Matters necessary in relation to the types, management and operation of settlement support facilities shall be determined by Presidential Decree. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 11 (Protection, etc. at Settlement Support Facilities) |
| (1) | The head of an institution which establishes and operates settlement support facilities as prescribed in Article 10 (1) shall provide protection to persons eligible for protection until they move into the place of residence. |
| (2) | The head of the institution referred to in paragraph (1) may grant protection money or goods to the persons who receive protection at settlement support facilities, as prescribed by Presidential Decree. |
| (3) | While any person receives protection at settlement support facilities, the head of the institution as referred to in paragraph (1) may confirm his/her identity and motive for the escape from North Korea, conduct medical checkup or take other measures necessary for settlement support. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 12 (Personal Identification Registry) |
| (1) | Where the head of an institution which establishes and operates settlement support facilities pursuant to Article 10 (1) has decided to provide protection pursuant to Article 8 (1), he/she shall administer and keep a personal identification registry which includes necessary particulars, such as place of registration basis, family relationships, personal career of persons eligible for protection, as prescribed by Presidential Decree. |
| (2) | The Minister of Unification shall administer and keep an integrated personal identification registry combining all other registries. For this purpose, the Director of the National Intelligence Service shall inform the Minister of Unification of particulars entered in the personal identification registry which he/she administers and keeps pursuant to paragraph (1) above. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 13 (Accreditation of Academic Background) |
Persons eligible for protection may obtain accreditation of the academic background corresponding to their respective levels of school education received in North Korea or foreign countries, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 14 (Accreditation of Qualifications) |
| (1) | Persons eligible for protection may receive recognition of the qualifications corresponding to all or part of those which they acquired in North Korea or foreign countries, as prescribed in relevant Acts and subordinate statutes. |
| (2) | The Minister of Unification may conduct supplementary education or re-education necessary for applicants for the accreditation of their qualifications, as prescribed by Presidential Decree. |
| (3) | Where it is deemed necessary to implement paragraphs (1) and (2), a committee mandated to examine whether to grant the accreditation of qualifications may be set up as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 15 (Social Adaptation Education, etc.) |
| (1) | The Minister of Unification shall provide necessary basic education to persons eligible for protection to settle down in the Republic of Korea. |
| (2) | The Minister of Unification may provide separate adaptation education to persons eligible for protection in their place of residence in addition to the basic education under paragraph (1). |
| (3) | Matters necessary for education under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 15-2 (Designation of Local Adaptation Center) |
| (1) | The Minister of Unification may designate and operate any professional institution, organization and facility as a local adaptation center to comprehensively provide services, such as adaptation education in the place of residence referred to in Article 15 (2), counselling of psychology and career in consideration of the characteristics of residents escaping from North Korea, provision of living information, guidance of employment services and social services, etc. |
| (2) | The Minister of Unification may separately subsidize necessary expenses of local adaptation centers within budgetary limits. |
[This Article Newly Inserted by Act No. 10188, Mar. 26, 2010]
| Article 16 (Vocational Training) |
| (1) | The Minister of Unification may provide persons eligible for protection or persons who have been eligible for protection desiring to receive vocational training with training as prescribed by Presidential Decree. |
| (2) | The Minister of Unification shall endeavor to provide vocational training under paragraph (1) for not less than three months in consideration of work capability, etc. of persons eligible for protection. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 17 (Protection, etc. of Employment) |
| (1) | The Minister of Unification shall provide employment protection to any person eligible for protection for two years from the date on which such person is first employed as prescribed by Presidential Decree after he/she is relocated from settlement support facilities to the place of his/her residence: Provided, That where it is necessary to extend the period for the protection of employment for the socially vulnerable strata and long-term workers, etc. who fall under the grounds prescribed by Presidential Decree, the period for the protection of employment for them may be extended within one year. |
| (2) | The period for the protection of employment referred to in paragraph (1) shall be determined on the basis of the number of actual employment days. |
| (3) | The Minister of Unification may provide an employment support payment to any business operator who has employed any person eligible for protection referred to in paragraph (1) (hereinafter referred to as "person eligible for protection of employment") within half of the wage paid to the person eligible for protection of employment as prescribed by Presidential Decree. |
| (4) | Any business operator who employs the person eligible for protection of employment shall take into account the position, duties in charge and experiences he/she had in North Korea before escaping from that country. |
| (5) | The Minister of Unification may provide any business operator who has set an example related to employment of the person eligible for protection of employment with the support that includes the preferential purchase of goods he/she produces as prescribed by Presidential Decree. |
| (6) | The Minister of Unification may arrange employment for the person eligible for protection as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 17-2 (Limit on Protection of Employment) |
| (1) | Where a person eligible for protection of employment falls under any of the following subparagraphs, the Minister of Unification may limit his/her protection of employment for a fixed period, as prescribed by Presidential Decree, notwithstanding Article 17 (1): |
| 1. | Where a person eligible for protection of employment fails to work for a period prescribed by Presidential Decree and quits his/her job without justifiable grounds; |
| 2. | Where a person eligible for protection of employment is dismissed from office due to neglect of duty, delinquency of duty or any illegal act, etc. |
| (2) | Where persons eligible for protection of employment help an employer receive employment subsidies under Article 17 (3) by deceit or other unjust means, the Minister of Unification may suspend or terminate the protection of employment, following deliberation by the Consultative Council. |
| (3) | When the Minister of Unification suspends or terminates the protection of employment pursuant to paragraph (2), he/she shall notify the relevant person eligible for the protection of employment of the specified reasons. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 17-3 (Support for Farming Settlement) |
The Minister of Unification may provide a person eligible for protection who hopes for farming with support for settlement in farming, giving educational and training programs, etc. for farming and on-the-spot study programs, etc. in rural areas as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 17-4 (Tax Benefits) |
The State and local governments may provide financial support within budgetary limits or reduce or exempt tax as prescribed in any tax-related Act to the companies that employ residents escaping from North Korea.
[This Article Newly Inserted by Act No. 10188, Mar. 26, 2010]
| Article 18 (Special Appointments) |
| (2) | Where persons eligible for protection who are used to be soldiers of North Korea intend to be reassigned to the armed forces of the Republic of Korea, they may be specially appointed in consideration of their former rank, positions and personal career before escaping from North Korea. |
| (3) | Matters necessary in relation to such special appointments as prescribed in paragraph (1) or (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 18-2 (Reflection of Evaluation of Public Agencies) |
| (1) | The central administrative agencies, local governments and public agencies shall endeavor to employ residents escaping from North Korea. |
| (2) | When the central administrative agencies, local governments and public agencies are evaluated under the Framework Act on Public Service Evaluation, the employment rate of the residents escaping from North Korea may be included in the items of evaluation. |
| (3) | Specific methods of, procedures for, etc. the evaluation under paragraph (2) shall be determined by Presidential Decree in consideration of the characteristics of the central administrative agencies, local governments and public agencies. |
[This Article Newly Inserted by Act No. 10188, Mar. 26, 2010]
| Article 19 (Special Cases of Establishment of Family Relationship Registration) |
| (1) | With respect to a person eligible for protection for whom the registration of family relationship has not made in the area south of the Military Demarcation Line (hereinafter referred to as "South Korea"), the Minister of Unification shall help him/her determine a place of registration basis at his/her own will and file an application form for permission to establish family relationship registration to the Seoul Family Court. |
| (2) | An application form for permission to establish family relationship registration as prescribed in paragraph (1) shall be attached by a transcript of the personal identification registry of the person eligible for protection which is kept pursuant to Article 12 (1), and an identity card kept by reference to the method recorded in the family relationship register. |
| (3) | When the Seoul Family Court receives an application form for permission to establish family relationship registration pursuant to paragraph (1), it shall promptly decide whether it permits such registration, and when it permits the establishment of family relationship registration, it shall serve a transcript of permission therefor on the head of a Si (referring to a Si not having any Gu; hereafter the same shall apply in this Article)/Gu/Eup/Myeon exercising administrative jurisdiction over the place of registration basis in question. |
| (4) | When the head of a Si/Gu/Eup/Myeon receives the transcript of permission for establishing family relationship registration pursuant to paragraph (3), he/she shall promptly prepare a family relationship register and inform, by attaching a certificate for the recorded matters of family relationship, the reported matters on family relationship registration to the head of a Si (excluding the Special Metropolitan City Mayor and Metropolitan City Mayor: hereinafter the same shall apply)/Gun/Gu (referring to the head of an autonomous Gu: hereinafter the same shall apply) or the Governor of a Special Self-Governing Province exercising administrative jurisdiction over the domicile of the person eligible for protection. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 19-2 (Special Cases of Divorce) |
| (1) | Among persons who have established their family relationship registration pursuant Article 19, anyone who has his/her spouse in North Korea may file an application for divorce, where it is unclear that his/her spouse lives in South Korea. |
| (2) | Anyone who is registered on the family relationship register as the spouse of a person who has established his/her family relationship registration pursuant to Article 19 may become the party to the judicial divorce. |
| (3) | Anyone who intends to file a divorce petition pursuant to paragraph (1) shall file a divorce petition, along with a written statement of the Minister of Unification, certifying that his/ her spouse does not fall under the person eligible for protection, to the Seoul Family Court. |
| (4) | When the Seoul Family Court serves documents on the party to the judicial divorce under paragraph (2), it may serve them by public notification provided for in Article 195 of the Civil Procedure Act. In such cases, the first service by public notification shall take effect after two months have lapsed from the date on which the first service by public notification is made: Provided, That the service by public notice made after the first service by public notice is made to the same party shall take effect on the date following the date on which the later service by public notice is made. |
| (5) | The period referred to in paragraph (4) shall not be shortened. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 19-3 (Special Cases of Correction of Resident Registration Number) |
| (1) | Any person, among residents escaping from North Korea, who has received a resident registration number based on the location of settlement support facilities may apply for correction of his/her resident registration number only once to the head of a Si/Gun/Gu or the Governor of a Special Self-Governing Province having jurisdiction over his/her place of residence. |
| (2) | Unless any special reason exists, the head of a Si/Gun/Gu or the Governor of a Special Self-Governing Province who has received an application under paragraph (1) shall correct the resident registration number based on the present place of residence. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 20 (Accommodation Support, etc.) |
| (1) | The Minister of Unification may provide accommodation support to persons eligible for protection as prescribed by Presidential Decree. |
| (2) | No person eligible for protection who is provided with accommodation support as prescribed in paragraph (1) shall terminate the lease contract, transfer the ownership, lease on a deposit basis, or lease (hereinafter referred to as "ownership, etc.") acquired by accommodation support or settle mortgage on the property within two years from the date of the moving-in report for resident registration, unless obtaining permission from the Minister of Unification. |
| (3) | The Minister of Unification shall, by proxy of persons eligible for protection, apply for the registration of ownership, etc. under paragraph (2). In such cases, the fact that ownership, etc. is prohibited from being transferred or mortgaged shall be recorded on the application for registration. |
| (4) | The Minister of Unification may provide support to persons eligible for protection necessary for utilization of communal living facilities providing residential circumstances and protection like a home, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 21 (Provision of Settlement Money, etc.) |
| (1) | The Minister of Unification may provide settlement money or goods equivalent thereto (hereinafter referred to as "settlement money and goods") to persons eligible for protection, taking into account their settlement conditions and their abilities to make a living. |
| (2) | The Minister of Unification may grant persons eligible for protection due compensation for information or equipment (including goods) which they have offered or brought, by grading them according to their practical value. |
| (3) | Matters necessary for the criteria and procedure, etc. for the provision of settlement money and goods and compensation as provided for in paragraphs (1) and (2) shall be determined by Presidential Decree. |
| (4) | The settlement money referred to in paragraph (1) shall not be transferred, provided for any security or seized. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 22 (Protection of Place of Residence) |
| (1) | The Minister of Unification may provide persons eligible for protection with protection necessary for the settlement of grievances which may arise in the course of their settlement and making a living on their own after moving into the place of residence from settlement support facilities and for their self-support and settlement. |
| (2) | The Minister of Unification may, after consultation with the Minister of Public Adminstration and Security, delegate protection service referred to in paragraph (1) to the head of a local government (hereinafter referred to as "head of a local government") having jurisdiction over the place of residence of the person eligible for protection. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 22-2 (Operation of Professional Counsellor System) |
| (1) | The Minister of Unification may operate the system of professional counsellors for residents escaping from North Korea, who may provide professional counselling service for residents escaping from North Korea that have moved into the place of residence. |
| (2) | The Minister of Unification may conduct continuing training to improve the qualifications of professional counsellors under paragraph (1). |
| (3) | Matters concerning the method of, procedure for, etc. professional counselling under paragraphs (1) and (2) shall be determined by Ordinance of the Ministry of Unification. |
[This Article Newly Inserted by Act No. 10188, Mar. 26, 2010]
| Article 23 (Obligation to Report) |
The head of a local government shall ascertain the actual conditions of settlement of persons eligible for protection as prescribed by Presidential Decree and report them every half-year to the Minister of Unification via the Minister of Public Adminstration and Security.
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 24 (Educational Support) |
| (1) | The Minister of Unification may provide persons eligible for protection with support necessary for education in consideration of their age, academic capability and other educational conditions, as prescribed by Presidential Decree. |
| (2) | The Minister of Unification may subsidize expenses incurred in the operation of schools providing elementary and secondary education for residents escaping from North Korea within budgetary limits, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 24-2 (Establishment of Preparatory Schools for Residents Escaping from North Korea) |
| (1) | The Minister of Unification may establish and operate a preparatory school for residents escaping from North Korea in order to support their entrance into a general school of juveniles escaping North Korea within the settlement support facilities, following consultation with the Minister of Science, Education and Technology. |
| (2) | Matters concerning the period of education, method of operating program, etc. of a preparatory school for residents escaping from North Korea under paragraph (1) shall be determined by Presidential Decree. |
[This Article Newly Inserted by Act No. 10188, Mar. 26, 2010]
| Article 25 (Medical Care Assistance) |
The Minister of Unification may provide medical care assistance to persons eligible for protection and their family members as prescribed in the Medical Care Assistance Act. [This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 26 (Support for Minimum Living Standards) |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 26-2 (Special Case for National Pension) |
| (1) | Any person eligible for protection who is between 50 and 60 years old as at the time when his/her protection is determined pursuant to Article 8 shall be entitled to receive the national pension from the date under any of the following subparagraphs notwithstanding Article 61 of the National Pension Act: |
| 1. | A person who has been insured with the national pension for a period of not less than five years but less than ten years before he/she turns 60: The date on which he/she turns 60; |
| 2. | A person who has been insured with the national pension for a period of not less than five years after he/she turns 60: The date on which he/she is disqualified as a pension insured. |
| (2) | The amount of the national pension referred to in paragraph (1) shall be the total sum of an amount equivalent to 250/1,000 of the basic pension amount under Article 51 of the National Pension Act and the pension amount for dependants under Article 52 of the same Act: Provided, That in cases where the insured period exceeds five years, an amount equivalent to 50/1,000 of the basic pension amount shall be added every excess year (every month of less than one year shall be calculated as 1/12 year). |
| (3) | Matters concerning the national pension of a person eligible for protection shall be governed by the National Pension Act, except as otherwise provided for in this Act. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 26-3 (Support for Livelihood) |
Where the State, local governments and public organizations grant permission for or entrust the establishment of convenience business and facilities within public facilities under their management, they shall give preferential consideration to any request from the person eligible for protection under this Act, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 26-4 (Lending, etc. of Money) |
Persons eligible for protection may receive special support with respect to the selection of eligible persons, maximum amount of support, etc. in the support of livelihood stability funds under Article 17 of the Framework Act on Workers' Welfare and the payment or lending of money and other goods under Article 15 of the National Basic Living Security Act. [This Article Newly Inserted by Act No. 10188, Mar. 26, 2010]
| Article 27 (Alteration of Protection) |
| (1) | Where a person eligible for protection is involved in any of the following subparagraphs, the Minister of Unification may suspend or terminate protection and settlement support, following deliberation by the Consultative Council: |
| 1. | Where he/she is sentenced to imprisonment with or without prison labor for not less than one year and his/her sentence is made irrevocable; |
| 2. | Where he/she intentionally provides false information contrary to the interest of the State; |
| 3. | Where he/she is declared dead or missing by court; |
| 4. | Where he/she attempts to go back to North Korea; |
| 5. | Where he/she violates this Act or an order issued under this Act; |
| 6. | Where he/she falls under reasons prescribed by Presidential Decree. |
| (2) | The head of a local government may request the Minister of Unification via the Minister of Public Administration and Security to suspend or terminate protection or settlement support for persons eligible for protection under paragraph (1) or the reduction or extension of the period therefor under the proviso to Article 5 (3). |
| (3) | Where the Minister of Unification suspends or terminates protection and settlement support under paragraph (1) or reduces or extends the period therefor, as prescribed in the proviso to Article 5 (3), he/she shall specify the grounds and notify the relevant person eligible for protection thereof, and inform the Minister of Public Administration and Security and the head of the relevant local government of such fact. |
| (4) | Where any reason under paragraph (1) 1 occurs to a person eligible for protection, the Minister of Justice shall immediately notify the Minister of Unification thereof. |
| (5) | The Minister of Unification may request the related agencies to provide data in order to confirm whether any reason for changing protection occurs to a person eligible for protection. In such cases, the head of the related agency in receipt of such request shall comply with the request unless any justifiable ground exists to the contrary. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 28 (Obligation to Report, etc.) |
Where a person eligible for protection changes his/her domicile, occupation or place of work within five years from the date of moving into the place of first residence, he/she shall report it in writing to the head of the local government concerned within 14 days from the date when such change has occurred, while the head of the local government who has received such report shall submit a copy of the written report to the Minister of Unification via the Minister of Public Administration and Security.
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 29 (Bearing of Expenses) |
| (1) | All expenses incurred in providing protection and settlement support pursuant to this Act shall be borne by the State. |
| (2) | The State shall provide the local government concerned with expenses incurred for protection service pursuant Article 22 (2) each year, and additionally provide its deficient amount or recover its overpaid amount. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 30 (Foundation of Supports for Residents Escaping from North Korea) |
| (1) | The Government shall establish the Foundation of Supports for Residents Escaping from North Korea (hereinafter referred to as the "Foundation") to protect residents escaping from North Korea and support their settlement. |
| (2) | The Foundation shall be a corporate entity and duly formed by effecting registration of incorporation at the registry for the area in which its principal office is located. |
| (3) | The articles of association of the Foundation shall include any of the following matters: |
| 3. | Matters concerning its executives and employees; |
| 4. | Matters concerning the operation of the board of directors; |
| 5. | Matters concerning its business; |
| 6. | Matters concerning its property and accounting; |
| 7. | Matters concerning a method of giving public notice; |
| 8. | Matters concerning the amendment to the articles of association; |
| 9. | Matters concerning establishment, amendment and repeal of internal regulations. |
| (4) | The Foundation shall conduct any of the following business: |
| 1. | Supporting life stabilization and adaptation to society of residents escaping from North Korea; |
| 2. | Supporting employment of residents escaping from North Korea; |
| 3. | Business necessary for vocational training of residents escaping from North Korea; |
| 4. | Granting scholarship to residents escaping from North Korea; |
| 5. | Training professional counselling staff and providing professional counselling to residents escaping from North Korea; |
| 6. | Implementing cooperative projects for private organization relating to residents escaping from North Korea; |
| 7. | Developing policies for support of residents escaping from North Korea and conducting research and investigation; |
| 8. | Survey of actual status and construction of statistics with respect to residents escaping from North Korea; |
| 9. | Other business entrusted by the Minister of Unification to the Foundation which is deemed necessary for protection and settlement support of residents escaping from North Korea. |
| (5) | The Foundation shall have not more than 10 directors, including one chief director and one auditor, and the chief director shall be appointed by the Minister of Unification upon recommendation of the board of directors from among those who have profound knowledge and experience in the issue of residents escaping from North Korea, and the appointment procedure for the directors and auditor shall be prescribed by Presidential Decree. In such cases, the term of office of the chief director, directors and auditor shall be three years, and the consecutive appointment may be permitted only once. |
| (6) | The Foundation shall have the board of directors consisting of the chief director and directors in order to deliberate on and decide the important matters concerning the business and operation of the Foundation, and the chief director shall convene the board of directors and become the chairperson of the board of directors. |
| (7) | The Government may contribute or subsidize necessary expenses for establishment and operation of the Foundation within budgetary limits. |
| (8) | The Foundation may borrow necessary funds for the business referred to in paragraph (4) by obtaining approval from the Minister of Unification. |
| (10) | The Foundation shall be operated with the following resources: |
| 1. | Contributions and subsidies from the Government; |
| 2. | Borrowed money under paragraph (8); |
| 3. | Donations under paragraph (9); |
| (11) | When the Foundation is dissolved, surplus assets shall revert to the State as prescribed in the articles of association. |
| (12) | The Minister of Unification shall direct and supervise the Foundation. |
| (14) | Any person, other than the Foundation under this Act, shall be prohibited from using the name "Foundation of Supports for Residents Escaping from North Korea" or any similar name thereto. |
| (15) | Except as provided for in this Act concerning the Foundation, the provisions concerning an incorporated foundation as referred to in the Civil Act shall apply mutatis mutandis. |
| (16) | Necessary matters concerning the establishment, composition, operation, guidance and supervision of the Foundation shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 31 (Delegation or Entrustment of Authority) |
| (1) | Authority bestowed by this Act upon the Minister of Unification may be partially delegated to the head of an agency under his/her control or to the head of a local government as prescribed by Presidential Decree. |
| (2) | Authority bestowed by this Act upon the Minister of Unification may be partially entrusted to the head of another administrative agency or to a related corporation or organization as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 32 (Application for Objection) |
| (1) | Any person eligible for protection who is dissatisfied with a disposition on protection and support under this Act may apply for an objection to the Minister of Unification in writing within 90 days from the date of receiving the notice of the disposition. |
| (2) | When the Minister of Unification receives an application for an objection as prescribed in paragraph (1), he/she shall examine it without delay, and where the disposition is considered unlawful or unjust, he/she may require correction thereof or take other necessary measures. In such cases, prior deliberation by the Consultative Council are required. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 33 (Penal Provisions) |
| (1) | Any person who receives protection and support under this Act or helps any other person receive such protection and support by fraudulent or other illegal means shall be punished by imprisonment for not more than five years or by a fine not exceeding ten million won. |
| (2) | Any person who takes advantage of information or materials which he/she has learned in the course of conducting affairs under this Act for the purposes other than those connected with this Act without any justifiable ground shall be punished by imprisonment for not more than one year or by a fine not exceeding two million won. |
| (3) | Any property or proprietary gains obtained pursuant to paragraph (1) or (2) shall be confiscated. When it is not feasible to confiscate the gains, the corresponding value thereof shall punitively be collected. |
| (4) | A person who attempts to commit an offence prescribed in paragraph (1) shall be punishable. |
[This Article Wholly Amended by Act No. 10188, Mar. 26, 2010]
| Article 34 (Fines for Negligence) |
| (1) | Any person who uses the name "the Foundation of Support for Residents Escaping from North Korea" or its similar name in violation of Article 30 (14) shall be punished by a fine for negligence not exceeding five million won. |
| (2) | Fines for negligence under paragraph (1) shall be imposed and collected by the Minister of Unification. |
[This Article Newly Inserted by Act No. 10188, Mar. 26, 2010]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Act Repealed)
The Act on the Protection of North Korean Repatriates (hereinafter referred to as the "Repatriates Protection Act") shall be repealed.
Article 3 (Transitional Measures relating to Deliberations of Consultative Council)
The agenda under deliberation at the time when this Act enters into force by the Committee for the Protection of North Korean Repatriates established under the provisions of Article 13 of the Repatriates Protection Act shall be considered by the Consultative Council established under the provisions of Article 6 of this Act.
Article 4 (Transitional Measures on Registration)
Persons registered as North Korean repatriates pursuant to the Repatriates Protection Act at the time when this Act enters into force, shall be regarded to be registered as persons subject to protection under this Act.
Article 5 (Transitional Measures on Social Adaptation Education and Vocational Training)
Persons registered as North Korean repatriates to the Repatriates Protection Act at the time when this Act enters into force, may receive such social adaptation education and vocational training as prescribed in Articles 15 and 16. Article 6 (Transitional Measures on Settlement Money and Compensation)
The settlement money and compensation which have been decided to be granted pursuant to the Repatriates Protection Act at the time when this Act enters into force, shall be dispensed by the Minister for National Unification according to the previous provisions.
Article 7 (Transitional Measures on Accommodation Support)
Persons who have been decided to be entitled to receive accommodation support pursuant to the Repatriates Protection Act at the time when this Act enters into force, shall be supported by the Minister for National Unification in accordance with the previous provisions.
Article 8 (Transitional Measures on Educational Protection)
Persons who are receiving, or have been decided to be entitled to receive, educational protection pursuant to the Repatriates Protection Act at the time when this Act enters into force, shall be granted such protection by the Minister for National Unification in accordance with the previous provisions.
Article 9 (Transfer of Budget)
Any head of the central administrative agency concerned who is, at the time when this Act enters into force, implementing a project prescribed in the Repatriates Protection Act, shall transfer the project budget to the Minister for National Unification on the enforcement date of this Act.
Article 10 (Preparation for Establishment of Association of Supporters)
| (1) | The Minister for National Unification shall, within two months from the enforcement date of this Act, commission organizing members not more than five persons (hereinafter referred to as "organizing members") selected from among the directors of the Association of Supporters for North Korean Repatriates established under the Repatriates Protection Act (hereinafter referred to as the "Association of Supporters for North Korean Repatriates") to take charge of the affairs relating to the establishment of the Supporters' Association and the nomination of directors and auditor at the time of establishment. |
| (2) | The organizing members shall draw up articles of association and obtain authorization from the Minister for National Unification. |
| (3) | The president of the Supporters' Association under establishment shall be appointed by the Minister for National Unification. |
| (4) | The organizing members shall, when they have obtained authorization as prescribed in paragraph (2) above, file without delay registration of incorporation for the Supporters' Association under their joint signature and transfer their duties to the president. |
| (5) | The organizing members shall, when the transfer of duties is completed as prescribed in paragraph (4) above, be regarded as being decommissioned therefrom. |
| (6) | The expenses defrayed until the Supporters' Association is organized shall be borne by the Association of Supporters for North Korean Repatriates. |
Article 11 (Transitional Measures relating to Association of Supporters for North Korean Repatriates)
| (1) | The Association of Supporters for North Korean Repatriates shall, notwithstanding the provisions of Article 2 of the Addenda, continue to exist until the Supporters' Association pursuant to this Act is established. |
| (2) | At the time when this Act enters into force, the Association of Supporters for North Korean Repatriates may, on the basis of a decision of its board of directors, apply to the Minister for National Unification for the succession of all of its rights and obligations by the Supporters' Association to be established under this Act. |
| (3) | The Association of Supporters for North Korean Repatriates shall, when it obtains approval from the Minister for National Unification on an application for succession as prescribed in paragraph (2) above, be regarded to be dissolved upon the establishment of the Supporters' Association under this Act, while all of the rights and obligations vested in the Association of Supporters for North Korean Repatriates shall be succeeded to by the Supporters' Association. |
| (4) | The value of the properties that the Supporters' Association is entitled to succeed to as prescribed in paragraph (3) above shall be deter mined on the basis of the book price thereof as assessed on one day before the date of registration of its incorporation. |
Article 12 (Transitional Measures relating to Penal Provisions)
Previous provisions shall apply to a penalty applicable to a conduct committed before this Act enters into force.
Article 13
Omitted.
ADDENDA<Act No. 5681, Jan. 21, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4
Omitted.
ADDENDA<Act No. 6056, Dec. 28, 1999>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 2000. |
| (2) | (Retroactive Application concerning Protection of Employment) The amended provisions of Article 17 and Article 17-2 shall also apply to any resident escaping from North Korea after December 12, 1993. In this case, the period for the protection of employment for such residents shall reckon from the date on which they are employed for the first time after the enforcement of this Act. |
| (3) | (Transitional Measures concerning Special Case for National Pension) The amended provisions of Article 26-2 shall also apply to any resident escaping from North Korea whose protection is determined under the provisions of Article 8 during a period from April 2, 1999 to the date preceding the enforcement date of this Act. |
ADDENDA<Act No. 6474, May 24, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on October 1, 2001.
Articles 2 through 13
Omitted.
ADDENDA<Act No. 8269, Jan. 26, 2007>
| (1) | (Enforcement Date) This Act shall enter into force one month after the date of its promulgation. |
| (2) | (Retroactive Application of Provisions concerning Special Case of Di vorce) The amended provisions of Article 19-2 shall apply to residents escaping from North Korea who have acquired their permanent domiciles on or after March 18, 2003 on which the established rules governing the family registration No. 644 of the Supreme Court entered into force. |
ADDENDA<Act No. 8435, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008. (Proviso Omitted.)
Articles 2 through 9
Omitted.
ADDENDA<Act No. 8541, Jul. 23, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 43
Omitted.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7
Omitted.
ADDENDA<Act No. 9358, Jan. 30, 2009>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 19-3 shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Standard for Determination of Protection) The amended provision of Article 9 (1) 5 shall not apply in cases where a resident escaping from North Korea, who entered the Republic of Korea before this Act enters into force but has not applied for protection at the time when this Act enters into force, applies for protection within one year after this Act enters into force. |
ADDENDA<Act No. 10188, Mar. 26, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 15-2, 17-4, 18 (1), 18-2, 20 (2), 22-2, 24-2, 26-4, 27 (4) and (5), 30 and 34 shall enter into force six months after the date of their promulgation. Article 2 (Transitional Measure concerning Association of Supporters for Residents Escaping from North Korea)
| (1) | The Association of Supporters for Residents Escaping from North Korea (hereinafter referred to as the "Supporters' Association") which was established under the previous provision before the enforcement of the amended provisions of Article 30 shall be deemed to have been dissolved on the enforcement date of the amended provisions of Article 30, notwithstanding the provisions on the liquidation and dissolution of a corporation in the Civil Act, and all property, rights and obligations of the Supporters' Association shall be inherited as a whole by the Foundation of Supports for Resident Escaping from North Korea (hereinafter referred to as the "Foundation") established under the amended provisions of Article 30. |
| (2) | The name of the Supporters' Association indicated on the register of the property, rights and obligations inherited as a whole and on other public record shall be deemed the name of the Foundation. |
| (3) | Any executives and employees of the Supporters' Association appointed before the enforcement of the amended provisions of Articles 30 shall be deemed executives and employees of the Foundation. In such cases, the term of office of such exclusives shall be three years from the date of their appointment. |