UNITED NATIONS PEACEKEEPING OPERATIONS PARTICIPATION ACT
Act No. 9939, Jan. 25, 2010
Amended by Act No. 11690, Mar. 23, 2013
Act No. 13123, Feb. 3, 2015
The purpose of this Act is to help the Republic of Korea participate in United Nations peace keeping operations in a prompt and proactive manner by providing for matters concerning the dispatch and withdrawal of the contingent and personnel that are to take part in the peace keeping operations of the United Nations, thereby contributing to the maintenance and promotion of international peace.
The terms used in this Act shall be defined by as follows: <Amended by Act No. 13123, Feb. 3, 2015>
| 1. | The term "United Nations peace keeping operations" (hereinafter referred to as "peace keeping operations") means activities including support for implementing peace agreements, surveillance on cease-fire, maintenance of public safety and stability, election support, humanitarian relief, restoration, rehabilitation, development support, or other various activities conducted in specific nations (or regions) with finance from the United Nations under the direction of the commander nominated by the Secretary General of the United Nations, in accordance with resolutions adopted by the Security Council of the United Nations: Provided, That excluded herefrom are peace keeping operations independently performed by individual or group nations with the approval of the United Nations or other military activities: |
| 2. | The term "contingent" means the military unit of the Republic of Korea (excluding the union or alliance of soldiers engaged in military activities on their own) dispatched overseas to participate in peace keeping operations. |
| 3. | The term "personnel participating in peace keeping operations" means soldiers (excluding soldiers belonging to the contingent), police officers, other public officials, or civilians dispatched overseas to participate in peace keeping operations; |
| 5. | The term "material cooperation" means supporting or being supported by foreign governments/armed forces with materials necessary for peace keeping operations and tasks necessarily incidental thereto, ensuring safety of the contingent, protecting safety of soldiers belonging to the contingent and personnel participating in peace keeping operations, prevention of accidents and prevention of disasters, or transferring or acquiring such materials to or from foreign governments/armed forces. |
| Article 3 (Establishment and Operation of Standing Armed Forces) |
| (1) | The Government may establish and operate a national armed forces unit (hereinafter referred to as "standing armed forces") which remains on standby for overseas dispatch for participation in peace keeping operations. |
| (2) | Matters concerning the establishment and operation of standing armed forces under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 4 (Basic Principles in Performing Mission) |
The contingent and personnel participating in peace keeping operations shall observe international laws and faithfully perform their missions within the authority and guidelines granted by the United Nations.
| Article 5 (Decision on Participation in Peace Keeping Operations) |
| (1) | When the United Nations requests the Republic of Korea to participate in the peace keeping operations, the Minister of Foreign Affairs shall notify the Minister of National Defense of such request and consult with him/her on matters concerning the dispatch of the contingent, etc. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Government shall dispatch an investigation team to the relevant nations or regions to ascertain general conditions, such as the local circumstances, safety, etc. and prepare a report thereon (hereinafter referred to as "investigative report") for the dispatch of standing armed forces. |
| (3) | The Government shall decide on whether to dispatch national armed forces to peace keeping operations requested by the United Nations and the purpose, size, period or mission of the national armed forces, after undergoing the deliberation by the State Council and obtaining the approval of the President. |
| Article 6 (Consent of National Assembly on Dispatch of National Armed Forces) |
| (1) | When the Government intends to dispatch national armed forces overseas to participate in peace keeping operations, it shall obtain prior consent from the National Assembly. |
| (2) | When the Government submits a motion regarding the dispatch of national armed forces to the National Assembly under paragraph (1), it shall include the following matters: <Amended by Act No. 13123, Feb. 3, 2015> |
| 1. | Investigative reports; |
| 3. | Necessity of dispatching national armed forces; |
| 4. | Size of the contingent; |
| 6. | Mission of the contingent; |
| 7. | Measures to ensure safety of the contingent, to protect safety of soldiers belonging to the contingent and personnel participating in peace keeping operations, and to prevent accidents and prevention of disasters; |
| 8. | Other materials concerning the dispatch of national armed forces, which are prescribed by Presidential Decree. |
| (3) | The Government may tentatively agree with the United Nations on matters falling under subparagraphs of paragraph (2), so as to dispatch national armed forces to peace keeping operations satisfying all of the following requirements within the scope of 1,000 military personnel (including the number of military personnel already dispatched): |
| 1. | Where the relevant peace keeping operations obtain consent from the host nation; |
| 2. | Where the period for dispatch does not exceed one year; |
| 3. | Where the national armed forces perform a non-military mission, such as humanitarian or reconstruction support, or combat activities are unlikely to be directly connected, or military forces are unlikely to be used during performance of their mission; |
| 4. | Where the United Nations requests the prompt dispatch of armed forces. |
| Article 7 (Dispatch of National Armed Forces) |
| (1) | When the Government dispatches national armed forces to peace keeping operations after obtaining consent from the National Assembly under Article 6, it shall closely consult with the United Nations and the governments of related nations so as to promptly dispatch the standing armed forces. |
| (2) | The Minister of Foreign Affairs shall promote consultations under paragraph (1) and conclude relevant international agreements, through consultation with the Minister of National Defense. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of National Defense shall prepare and implement the detailed guidelines and procedures of dispatching armed forces, after deciding the type and size of the contingent for peace keeping operations. |
| Article 8 (Extending Period for Dispatch) |
| (1) | When the Government intends to extend the period for dispatching the contingent, it shall obtain consent from the National Assembly, in advance. |
| (2) | The period for extension under paragraph (1) shall be one year in principle, and Article 6 (2) shall apply mutatis mutandis to the submission of a motion on extending the dispatch. |
| (3) | The Government shall submit a written consent to the extension of the period for dispatch referred to in paragraph (1) to the National Assembly by no later than two months before the termination of dispatch of the contingent: Provided, That the same shall not apply where the United Nations requests extension of the period for dispatch after the Government determines to terminate the period for dispatch under Article 9. <Newly Inserted by Act No. 13123, Feb. 3, 2015> |
| Article 9 (Termination of Dispatch) |
The Government may terminate the dispatch of the contingent, in any of the following cases:
| 1. | When the contingent completes its mission; |
| 2. | When the Government deems that it no longer needs to maintain the contingent, before the period for dispatch expires. |
| Article 10 (Requests for Termination of Dispatch) |
| (1) | The National Assembly may request the Government to terminate the dispatch of the contingent through resolutions, even before the contingent completes its mission or the period for dispatch expires. |
| (2) | The Government shall comply with requests of the National Assembly for the termination of dispatch under paragraph (1), except in any extenuating circumstance. |
| Article 11 (Reporting, etc. to National Assembly) |
| (1) | The Government shall report details on the achievements of each contingent, its activities, the completion of its mission, its withdrawal, and other changes, in the regular annual session of the National Assembly. <Amended by Act No. 13123, Feb. 3, 2015> |
| (2) | The Government shall prepare a report on the results of operations and submit it to the National Assembly within three months after the termination of a dispatch. <Newly Inserted by Act No. 13123, Feb. 3, 2015> |
| (3) | The Government shall report any of the following instances to the National Assembly: <Newly Inserted by Act No. 13123, Feb. 3, 2015> |
| 1. | Where the United Nations requests it to participate in a peace keeping operation; |
| 2. | Where it intends to change the details of a mission of the contingent. |
| Article 12 (Education and Training) |
The head of each central administrative agency may entrust or dispatch public officials belonging thereto, who are scheduled to participate in peace keeping operations, to the relevant institutions in Korea and abroad, in an effort to provide education and training necessary to equip them with knowledge and qualification as personnel participating in peace keeping operations.
| Article 13 (Prohibition against Unfavorable Treatment and Ensuring Status) |
| (1) | No one shall give any unfavorable treatment to a person who is or was participating in peace keeping operations, on the grounds of their participation in peace keeping operations. |
| (2) | Public officials (including soldiers on service and police officers) taking part in peace keeping operations shall be deemed to maintain the status of personnel participating in peace keeping operations as well as the status of public officials of the Republic of Korea simultaneously during their dispatch. |
| (3) | Civilians of the Republic of Korea, who are taking part in peace keeping operations, shall maintain the status of personnel maintaining the international peace and security as well as the status of nationals of the Republic of Korea, and shall be protected under international laws. |
| Article 14 (Payment of Allowances) |
The Government may pay allowances to personnel taking part in peace keeping operations under the relevant statues, taking into consideration the working conditions in regions they are dispatched as well as their mission.
| Article 15 (Prevention of Accidents and Disasters) |
The Government shall prepare and implement comprehensive measures for the safety of soldiers belonging to the contingent and personnel participating in peace keeping operations and for the prevention of accidents as well as measures to prevent disasters.
| Article 16 (Establishment and Operation of Council on Policies of Peace Keeping Operations) |
| (1) | The council on polices of peace keeping operations (hereinafter referred to as the "Policy Council") shall be established under jurisdiction of the Ministry of Foreign Affairs for the efficient implementation of Government policies on peace keeping operations, as well as cooperation and coordination between the relevant agencies. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Policy Council shall be comprised of not more than ten members, including the Chairperson, and the Minister of Foreign Affairs shall be the Chairperson. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The working committee comprised of public officials of the Senior Civil Service in the relevant central administrative agencies shall be established under jurisdiction of the Policy Council, and the Vice Minister of Foreign Affairs shall be the head of the working committee. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Other matters concerning the composition and operation of the Policy Council and the working committee shall be prescribed by Presidential Decree. |
| Article 17 (Material Cooperation) |
| (1) | The Government may render material cooperation to the extent it deems necessary for peace keeping operations. |
| (2) | The specific scale of, and procedure for providing, material cooperation and other matters necessary therefor shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13123, Feb. 3, 2015]
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures) National armed forces, soldiers, police officers and civilians dispatched for participation in peace keeping operations by the Government, before this Act enters into force, shall be deemed dispatched under this Act. |
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13123, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after promulgation.
Article 2 (Applicability to Consent of National Assembly to Dispatch of National Armed Forces)
The amended provisions of Article 6 (2) shall apply, starting from the first case where a written consent to dispatch (including consent to extension of the period for dispatch) is submitted after this Act enters into force.