ACT ON COMPENSATION TO PERSONS WHO PERFORMED SPECIAL MISSIONS TO INHIBIT THE DEPORTATION OF KOREAN RESIDENTS IN JAPAN TO NORTH KOREA
Act No. 10748, May 30, 2011
Amended by Act No. 11690, Mar. 23, 2013
Act No. 12844, Nov. 19, 2014
Act No. 14839, Jul. 26, 2017
The purpose of this Act is to provide compensation for persons who performed special missions to inhibit the deportation of Korean residents in Japan, and their survivors.
The terms used in this Act shall be defined as follows:
| 1. | The term "special missions" means the activities carried out to prevent the deportation of Koreans residing in Japan to North Korea from March 1959 to December 1961 under the supervision of the Bureau of National Security of that time; |
| 2. | The term "person who performed special missions" means a person who was trained and dispatched to Japan under the supervision of the Bureau of National Security to conduct special missions, and recognized as a person who performed special missions under Article 3 (1) 1; |
| 3. | The term "survivor" means a successor to property under the Civil Act of a person who died or is deemed to have died as a person who performed special missions. |
| Article 3 (Deliberation Committee for Compensation for Persons Who Performed Special Missions) |
| (1) | The Deliberation Committee for Compensation for Persons who Performed Special Missions (hereinafter referred to as the “Committee”) shall be established under the supervision and control of the Minister of the Interior and Safety to deliberate and resolve the following matters concerning the recognition and compensation of persons who performed special missions: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Matters to determine whether anyone is a person who performed special missions or a survivor; |
| 2. | Matters to pay compensation and consolation benefits to a person who performed special missions or a survivor; |
| 3. | Matters to support organizations relating to persons who performed special missions; |
| 4. | Other matters prescribed by Presidential Decree in relation to compensation, etc. |
| (2) | The Committee shall comprise not more than seven members, including one Chairperson. |
| (3) | Members of the Committee shall be commissioned or appointed by the Minister of the Interior and Safety from among persons of competent knowledge and experience in police affairs and relevant public officials as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | Other matters necessary for the composition and operation of the Committee shall be prescribed by Presidential Decree. |
| Article 4 (Compensation and Consolation Benefits) |
| (1) | Different rates of compensation shall be paid to persons who performed special missions based on their time of duty, duration of service, type of activity, etc. |
| (2) | Consolation benefits may be paid to persons who are deceased or missing, who have been arrested or punished abroad in the course of performing special missions, and their survivors |
| (3) | Necessary matters concerning the requirement for payment, calculation of the amount, and method of payment of compensation and consolation benefits under paragraphs (1) and (2) (hereinafter referred to as "compensation, etc.") shall be prescribed by Presidential Decree. |
| Article 5 (Rights of Survivors) |
A survivor shall have the right to be paid compensation, etc. in accordance with the inheritance provisions of the Civil Act.
| Article 6 (Application for Payment of Compensation, etc.) |
| (1) | A person who performed special missions or a survivor who intends to receive compensation, etc. (hereinafter referred to as “applicant”) shall apply to the Committee for payment of compensation, etc. in writing, accompanied by evidentiary document prescribed by Presidential Decree. |
| (2) | An application for payment of compensation, etc. under paragraph (1) shall be made within one year after the date this Act enters into force. |
| Article 7 (Payment Decision) |
Within five months from the date of receipt of an application for payment of compensation, etc., the Committee shall decide whether to pay such compensation, etc. and the amount thereof: Provided, That this shall not apply when the Committee has a substantial ground on which it cannot decide within this period.
| Article 8 (Service of Written Decision) |
| (1) | When the Committee decides to pay or not to pay compensation, etc., it shall serve an authentic copy of the written decision on the applicant without delay. |
| (2) | The provisions on service of the Civil Act shall apply mutatis mutandis to service under paragraph (1). |
| Article 9 (Re-Deliberation) |
| (1) | An applicant who has an objection to a decision of the Committee under Article 7 may apply to the Committee for re-deliberation within 30 days from the date of receipt of an authentic copy of the written decision under Article 8. |
| (2) | Articles 7 and 8 shall apply mutatis mutandis to re-deliberation or service under paragraph (1). In such case, the re-deliberation decision shall be made within three months from the date of receipt of the application. |
| Article 10 (Payment, etc. of Compensation, etc.) |
| (1) | When an applicant who has been served an authentic copy of a written decision under Article 8 intends to receive compensation, etc., he/she shall apply for the payment of compensation, etc. to the Committee with a written consent to the decision attached. |
| (2) | Other necessary matters concerning the procedures of payment of compensation, etc. shall be provided for by Presidential Decree. |
| Article 11 (Protection of Right to Compensation, etc.) |
The right to receive compensation, etc. shall not be transferred, seized or secured.
| Article 12 (Tax Exemption) |
| Article 13 (Prior-Decision Doctrine, etc.) |
| (1) | No litigation over payment of compensation, etc. shall be filed without a decision made by the Committee: Provided, That this shall not apply where five months have elapsed from the date of application for payment of compensation, etc. |
| (2) | A litigation under paragraph (1) shall be filed within 60 days from the date of receipt of an authentic copy of the written decision (including an authentic copy of the written decision of re-deliberation). |
| Article 14 (Recovery of Compensation, etc.) |
| (1) | If a recipient of compensation, etc. falls under either of the following, the State shall recover all or some of the compensation, etc.: |
| 1. | If the compensation, etc. has been obtained by fraud or other improper means; |
| 2. | If the compensation, etc. has mistakenly been awarded. |
| (2) | If a person who should restitute compensation, etc. under paragraph (1) fails to restitute the relevant amount, collection of such restitution shall be in the same manner as national taxes in arrears are collected. |
| Article 15 (Fact Investigation, etc.) |
| (1) | The Committee may, for the purpose of payment review of compensation, etc., hear a testimony or statement from a person who performed special missions, a witness, or a person for reference, or conduct an investigation if it is considered necessary; and request the cooperation of the head of the agency concerned. In this case, the head of the agency concerned shall comply therewith without delay, unless there is a compelling reason not to do so. |
| (2) | Anyone may submit to the Commission data or testify freely about the performance of special missions in relation to the payment of compensation, etc. and shall not be given any unfavorable treatment in connection therewith. |
| Article 16 (Extinctive Prescription) |
The right to receive compensation, etc. shall be extinguished by prescription, unless it is exercised within three years from the date an authentic copy of the payment decision is served on the applicant.
| Article 17 (Support for Related Organizations) |
The State may, within the budget, provide subsidies to partially finance the operating expenses, etc. of a nonprofit corporation or organization established for the purpose of commemorating, etc. of persons who performed special missions.
| Article 18 (Relation to Payments under Other Acts and Payment Limitations) |
| (1) | If a person who performed special missions or a survivor has received or currently receives compensation under other Acts for the same reason, payments of compensation, etc. under Article 4 may be limited for such person. |
| (2) | Necessary matters concerning the methods of conversion and the payment requirement for imposing limitations under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 19 (Penalty Provisions) |
| (1) | A person who has received or caused someone to receive compensation, etc. by fraud or other improper means shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding five million won. |
| (2) | An attempt to commit a crime under paragraph (1) shall be punished. |
| Article 20 (Legal Fiction as Public Official in Application of Penalty Provisions) |
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That for Acts amended pursuant to Article 6 of the Addenda, amendments of the Acts which are promulgated before this Act enters into force, but the enforcement dates of which have yet to arrive, shall enter into force on the respective dates on which the relevant Acts enter into force.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation: Provided, That for Acts amended pursuant to Article 5 of the Addenda, amendments of the Acts which are promulgated before this Act enters into force, but the enforcement dates of which have yet to arrive, shall enter into force on the respective dates on which the relevant Acts enter into force. |
Articles 2 through 6 Omitted.