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SPECIAL ACT ON CIVIL AFFAIRS CONCERNING THE IMPLEMENTATION OF THE AGREEMENT UNDER ARTICLE Ⅳ OF THE MUTUAL DEFENSE TREATY BETWEEN THE REPUBLIC OF KOREA AND THE UNITED STATES OF AMERICA, REGARDING FACILITIES AND AREAS AND THE STATUS OF UNITED STATES ARMED FORCES IN THE REPUBLIC OF KOREA

Act No. 1902, Mar. 3, 1967

Amended by Act No. 9360, Jan. 30, 2009

 Article 1 (Purpose)
The purpose of this Act is to prescribe matters regarding among matters under the Agreement under Article Ⅳ of the Mutual Defense Treaty between the Republic of Korea and the United States of America, regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea, any claim for damages caused by any act of a member or employee of the United States Armed Forces stationed in the territory of the Republic of Korea or a member of the Korean Augmentation Troops to the United States Army, and other matters concerning the implementation of Article 23 of the same Treaty.
[This Article Wholly Amended by Act No. 9360, Jan. 30, 2009]
 Article 2 (Liability of State for Compensation)
(1) If a member or employee of the United States Armed Forces stationed in the territory of the Republic of Korea (hereinafter referred to as the "United States Armed Forces") or a member of the Korean Augmentation Troops to the United States Army inflicts any damage on a third person other than the Government of the Republic of Korea, in the course of performing his/her duties, in the territory of the Republic of Korea, the State shall indemnify such damage under the State Compensation Act.
(2) Paragraph (1) shall also apply to cases in which a third person, other than the Government of the Republic of Korea, sustains any damage from any defect in the installation or management of any structure or other facility or thing on the land occupied, possessed or managed by the United States Armed Forces or the Korean Augmentation Troops to the United States Army.
[This Article Wholly Amended by Act No. 9360, Jan. 30, 2009]
 Article 3 (Exception of Application)
Article 2 shall not apply to cases in which a victim is a member of the United States Armed Forces, civilian component, or a dependent, under Article 1 of the Agreement under Article IV of the Mutual Defense Treaty between the Republic of Korea and the United States of America, regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea (hereinafter referred to as the "Treaty").
[This Article Wholly Amended by Act No. 9360, Jan. 30, 2009]
 Article 4 (Claim for other Damages)
The Minister of Justice shall assess the amount of damage under Article 23 of the Treaty following deliberation by the Compensation Council established under the control of the Ministry of Justice under Article 10 of the State Compensation Act.
[This Article Wholly Amended by Act No. 9360, Jan. 30, 2009]
 Article 5 (Assistance, etc. in Lawsuits)
(1) If a person making the claim for damages under Article 23 of the Treaty is a national of the Republic of Korea, the State may mediate the claim or assist in the lawsuit.
(2) The method and procedure of providing assistance in lawsuits under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9360, Jan. 30, 2009]
 Article 6 Deleted.<by Act No. 9360, Jan. 30, 2009>
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on the date when the provisions of Article 23 of the Agreement take effect.
(2) (Transitional Measures) Any damage caused before this Act enters into force, shall be subject to the previous case.
ADDENDUM<Act No. 9360, Jan. 30, 2009>
This Act shall enter into force on the date of its promulgation.