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ACT ON PROTECTION, SUPPORT AND COMMEMORATIVE PROJECTS FOR SEXUAL SLAVERY VICTIMS FOR THE JAPANESE IMPERIAL ARMY

Act No. 15207, Dec. 12, 2017

 Article 1 (Purpose)
The purpose of this Act is to protect and support victims who were mobilized compulsorily and forced to work as sexual slaves under the Japanese colonial rule, to strive for the stabilization of their livelihood and welfare promotion by carrying out commemorative projects to restore the honor of sexual slavery victims drafted for the Japanese imperial army and to investigate what really happened to and is ultimately to contribute to the establishment of truthful historical view of the people and promotion of the human rights.
[This Article Wholly Amended by Act No. 9167, Dec. 19, 2008]
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term "sexual slavery victims drafted for the Japanese imperial army" means victims who were mobilized compulsorily, sexually ill-treated and forced to work as sexual slaves under the Japanese colonial rule;
2. The term "persons eligible for livelihood stability support" means persons registered pursuant to Article 3 as living victims of sexual slavery for the Japanese imperial army.
[This Article Wholly Amended by Act No. 9167, Dec. 19, 2008]
 Article 2-2 (Responsibilities of State)
(1) The State shall make active efforts at home and abroad to restore the honor of sexual slavery victims drafted for the Japanese imperial army, promote their human rights, find the truth regarding this issue, and provide correct history education, etc. The State shall also secure an organization and budget required for these efforts. <Amended by Act No. 12533, Mar. 24, 2014>
(2) The State shall actively find sexual slavery victims drafted by the Japanese imperial army at home and abroad and take necessary measures so that they are able to maintain a stable livelihood. <Amended by Act No. 12533, Mar. 24, 2014>
(3) Where the State formulates a policy related to the rights and obligations of sexual slavery victims drafted for the Japanese imperial army, it shall hear the opinions of the victims (including their agents) and actively make public the details of the policy. <Newly Inserted by Act No. 15207, Dec. 12, 2017>
[This Article Wholly Amended by Act No. 9167, Dec. 19, 2008]
 Article 3 (Determination and Registration)
(1) A person who intends to be eligible for livelihood stability support shall file an application for registration with the Minister of Gender Equality and Family, as prescribed by Presidential Decree: Provided, That his/her guardian may file such application on his/her behalf if the person is unable to do so. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 12533, Mar. 24, 2014>
(2) The Minister of Gender Equality and Family shall, if he/she has received an application for registration prescribed in paragraph (1), determine whether an applicant is eligible for livelihood stability support after deliberation by the Deliberation Committee for Support and Commemorative Project for Sexual Slavery Victims Drafted for Japanese Imperial Army prescribed in Article 6. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 15207, Dec. 12, 2017>
(3) The Minister of Gender Equality and Family shall, if he/she has made a determination prescribed in paragraph (2), register it and immediately notify an applicant of the results thereof. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 15207, Dec. 12, 2017>
(4) The specific scope of guardians mentioned in the proviso to paragraph (1) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 12533, Mar. 24, 2014>
[This Article Wholly Amended by Act No. 9167, Dec. 19, 2008]
 Article 4 (Details of Support for Persons Eligible for Livelihood Stability Support)
(1) The State shall provide the following support to persons eligible for livelihood stability support: <Amended by Act No. 15207, Dec. 12, 2017>
1. Livelihood benefits referred to in the National Basic Living Security Act;
2. Medical benefits referred to in the Medical Care Assistance Act;
3. Payment of subsidies for livelihood stability;
4. Nursing services;
5. Funeral expenses.
(2) When granting support referred to in paragraph (1), a person eligible for livelihood stability support shall be deemed a beneficiary prescribed in Article (2) 1 of the National Basic Living Security Act and a beneficiary prescribed in Article 3 of the Medical Care Assistance Act, and Article 3 (2) of the National Basic Living Security Act shall not apply. <Amended by Act No. 14065, Mar. 2, 2016>
(3) The State shall bear the expenses incurred in paying subsidies for the livelihood stability and nursing services, and funeral expenses prescribed in paragraph (1) 3 through 5. <Amended by Act No. 15207, Dec. 12, 2017>
(4) Matters necessary for the criteria, methods, etc. for payment of subsidies for the livelihood stability and providing nursing services and funeral expenses shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 15207, Dec. 12, 2017>
[This Article Wholly Amended by Act No. 9167, Dec. 19, 2008]
 Article 5 (Preferential Lease of Rental Houses)
When the State, a local government, or the Korea Land and Housing Corporation established under the Korea Land and Housing Corporation Act leases houses built for renting pursuant to the Housing Act, it shall lease such houses preferentially to persons who do not own houses, from among the persons eligible for livelihood stability support, as determined by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11599, Dec. 18 2012; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9167, Dec. 19, 2008]
 Article 5-2 (Protection Facilities for Sexual Slavery Victims Drafted for Japanese Imperial Army)
(1) The State, a local government, a social welfare foundation established under the Social Welfare Services Act, and any other non-profit corporation (hereinafter referred to as “social welfare foundation, etc.”) may establish and operate protection facilities for sexual slavery victims drafted for the Japanese Imperial Army (hereinafter referred to as “protection facilities”).
(2) The State and a local government may subsidize expenses incurred in operating the protection facilities established and operated by the social welfare foundation, etc.
[This Article Newly Inserted by Act No. 11834, May 28, 2013]
 Article 6 (Deliberation Committee for Support and Commemorative Projects for Sexual Slavery Victims Drafted for Japanese Imperial Army)
(1) The Deliberation Committee for Support and Commemorative Projects for Sexual Slavery Victims Drafted for Japanese Imperial Army (hereinafter referred to as the "Deliberation Committee") shall be established under the jurisdiction of the Ministry of Gender Equality and Family to deliberate on the following matters: <Amended by Act No. 9932, Jan. 18, 2010; Act No. 15207, Dec. 12, 2017>
1. Ascertainment as to whether information entered in an application for registration of persons eligible for livelihood stability support is true;
2. Matters concerning support for persons eligible for livelihood stability support;
3. Matters concerning commemorative projects, etc. referred to in Article 11;
4. Other matters which the Minister of Gender Equality and Family refers to the Deliberation Committee.
(2) Matters necessary for the organization, operation, etc. of the Deliberation Committee shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9167, Dec. 19, 2008]
 Article 7 (Request for Cooperation)
The Deliberation Committee may, if necessary to deliberate on whether or not applicants are eligible for livelihood stability support, hear testimonies or opinions of the said applicants, witnesses, or other relevant persons, or request administrative agencies or other related institutions to render any necessary assistance.
[This Article Wholly Amended by Act No. 9167, Dec. 19, 2008]
 Article 8 (Protection of Right)
The right to receive subsidies for the livelihood stability granted under this Act shall not be transferred or provided as security and seized.
[This Article Wholly Amended by Act No. 9167, Dec. 19, 2008]
 Article 9 (Recovery of Subsidies for Livelihood Stability)
(1) In cases where a person who has received subsidies for the livelihood stability under this Act falls under any of the following subparagraphs, the Minister of Gender Equality and Family may recover the whole or part of those subsidies from the said person: <Amended by Act No. 9932, Jan. 18, 2010>
1. In cases where she has received subsidies for the livelihood stability by fraud or other improper means;
2. In cases where she has been overpaid or erroneously paid subsidies for the livelihood stability.
(2) In case of the recovery of subsidies for the livelihood stability under paragraph (1), the Minister of Gender Equality and Family shall, if a person who is to return subsidies for the livelihood stability fails to return them by the deadline fixed, collect them in the same manner as the delinquent national taxes. <Amended by Act No. 9932, Jan. 18, 2010>
[This Article Wholly Amended by Act No. 9167, Dec. 19, 2008]
 Article 10 (Fact-Finding Survey)
(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor or a Metropolitan Autonomous Province Governor shall identify the living conditions of persons eligible for livelihood stability support and report to the Minister of Gender Equality and Family thereon. <Amended by Act No. 9932, Jan. 18, 2010>
(2) Matters necessary for the timing, contents, methods, etc. of a survey of the status referred to in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9167, Dec. 19, 2008]
 Article 11 (Commemorative Projects, etc.)
(1) The State and local governments may implement the following projects related to sexual slavery victims drafted for the Japanese imperial army: <Amended by Act No. 12533, Mar. 24, 2014; Act No. 15207, Dec. 12, 2017>
1. Commemorative projects for sexual slavery victims drafted for the Japanese imperial army;
2. Collection, preservation and management of, exhibition on, investigation of, and research on historical materials on sexual slavery victims drafted for the Japanese imperial army;
3. Education, publicity and literary activities related to sexual slavery victims drafted for the Japanese imperial army;
4. Efforts at home and abroad, including international exchange and joint investigation, to restore the honor of sexual slavery victims drafted for the Japanese imperial army;
5. Memorial projects, such as creating a place for remembering sexual slavery victims drafted for the Japanese imperial army;
6. Affairs incidental to the projects referred to in subparagraphs 1 through 5.
(2) Matters necessary for implementing projects referred to in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9167, Dec. 19, 2008]
 Article 11-2 (Day to Commemorate Sexual Slavery Victims Drafted for Japanese Imperial Army)
(1) In an effort to inform issues related to sexual slavery victims drafted for the Japanese imperial army at home and abroad and commemorate such victims, August 14 of each year shall be established as the Day to Commemorate Sexual Slavery Victims Drafted for the Japanese Imperial Army.
(2) The State and local governments shall endeavor to conduct events and promotion fit for the purpose of the Day to Commemorate Sexual Slavery Victims Drafted for the Japanese Imperial Army.
[This Article Newly Inserted by Act No. 15207, Dec. 12, 2017]
 Article 11-3 (Support for Reinstatement of Nationality, etc.)
(1) The State and local governments shall render any necessary assistance to sexual slavery victims drafted for the Japanese imperial army who live in foreign countries without reinstatement of their nationality of the Republic of Korea.
(2) Matters concerning support referred to in paragraph (1), including the reinstatement of nationality and a visit to the Republic of Korea, shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9167, Dec. 19, 2008]
 Article 11-4 (Legal Counseling, etc.)
(1) The State may assist sexual slavery victims drafted for the Japanese imperial army with regard to defamation cases, damage claims, etc. with legal counseling services, legal representation, etc. (hereinafter referred to as "legal counseling services, etc.").
(2) The Minister of Gender Equality and Family may request the Korea Legal Aid Corporation established under Article 8 of the Legal Aid Act or any other institution prescribed by Presidential Decree to provide legal counseling services, etc.
(3) The State may bear expenses incurred in providing legal counseling services, etc. as prescribed by Presidential Decree.
(4) Requirements for, details of, and procedures for legal counseling services, etc. shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11571, Dec, 18, 2012]
 Article 12 (Subsidization of Expenses)
(1) In cases where a local government implements the projects prescribed in the subparagraphs of Article 11 (1), the State may subsidize part of the project expenses within budgetary limits.
(2) In cases where an individual, a corporation, or an organization implements the projects prescribed in the subparagraphs of Article 11 (1), the State and local governments may subsidize part of the project expenses within budgetary limits.
(3) Requirements for an individual, a corporation, an organization eligible for subsidies for expenses and necessary matters concerning procedures, etc. for subsidies for expenses under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9167, Dec. 19, 2008]
 Article 13 (Gratuitous Lending of State Property or Public Property)
(1) Notwithstanding the State Property Act or the Public Property and Commodity Management Act, in cases where a corporation or an organization related to sexual slavery victims drafted for the Japanese imperial army implements commemorative projects under Article 11 (1) 1, the State or a local government may lend state property or public property to the corporation or the organization gratuitously.
(2) Requirements for a corporation or an organization eligible for lending and necessary matters concerning procedures, etc. for lending under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9167, Dec. 19, 2008]
 Article 14 (Delegation or Entrustment of Authority)
The Minister of Gender Equality and Family may entrust part of his/her authority granted under this Act to the Minister of Foreign Affairs or may delegate part of his/her authority granted under this Act to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Metropolitan Autonomous Province Governor, as prescribed by Presidential Decree. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9167, Dec. 19, 2008]
 Article 15 (Legal Fiction as Public Officials in Application of Penalty Provisions)
Members of the Deliberation Committee, who are not public officials, shall be deemed public officials in applying the provisions of Articles 129 through 132 of the Criminal Act.
[This Article Newly Inserted by Act No. 15207, Dec. 12, 2017]
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Reported Victims) Those sexual slavery victims who have reported to the Ministry of Foreign Affairs between February 25, 1992 and February 28, 1993 through the Ministry of Home Affairs, the Korean Red Cross established under the Organization of the Korean National Red Cross Act, and relevant private organizations shall be deemed to apply for the registration under Article 3 (1).
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 6024, Sep. 7, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on October 1, 2000. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 6400, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 6771, Dec. 11, 2002>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures) Matters deliberated on by the Sexual Slavery Victim Livelihood Stability Support Deliberation Committee under the previous provisions before this Act enters into force, shall be deemed to be those deliberated on by the Sexual Slavery Victim Livelihood Stability Support and Commemorative Project Deliberation Committee established under this Act.
(3) Omitted.
ADDENDA <Act No. 7413, Mar. 24, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 7637, Jul. 29, 2005>
This Act shall enter into force six months after the date of its promulgation.
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.
ADDENDUM <Act No. 9167, Dec. 19, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 11571, Dec. 18, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11599, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11834, May 28, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 12533, Mar. 24, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14065, Mar. 2, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 15207, Dec. 12, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.