The purpose of this Act is to investigate actual conditions of Korean victims who sustained injuries by the atomic bombing in Hiroshima in August 6, 1945 or in Nagasaki in August 9, 1945 and provide substantial aid to them for medical treatment, thereby guaranteeing their rights to life and assisting them in enjoying their lives with human dignity.
The term "victim" in this Act means any of the following persons who were affected by the atomic bombing in Hiroshima or Nagasaki, Japan in 1945:
| 1. | A person who was in the area of Hiroshima or Nagasaki in Japan at the time an atomic bomb was dropped in the area; |
| 2. | A person who was within a 3.5?kilometer radius of the hypocenter within two weeks after either of the atomic bombings; |
| 3. | A person exposed to radiation from an atomic bomb at the time the atomic bomb was dropped or while being engaged in the disposal of corpses or activities for relief after the bombing; |
| 4. | A fetus carried by a person who falls into any of the categories specified in subparagraphs 1 through 3; |
| 5. | A person registered as a victim of the atomic bombings with the Republic of Korea National Red Cross established pursuant to the Organization of the Republic of Korea National Red Cross Act and who has received medical expenses or medical treatment allowances from the Government of the Republic of Korea. |
| Article 3 (Establishment of Committee for Supporting Korean Victims of Atomic Bombings) |
| (1) | In order to investigate the status of victims and deliberate on and resolve matters necessary for supporting victims, the Committee for Supporting Korean Victims of the Atomic Bombings (hereinafter referred to as the "Committee") shall be established under the direction of the Minister of Health and Welfare. |
| (2) | The Committee shall execute the following affairs: |
| 1. | Collection and analysis of domestic and overseas data on victims; |
| 2. | Examination and determination of victims; |
| 3. | Payment of medical treatment allowances; |
| 4. | Preparation of reports on investigations of actual conditions of victims; |
| 5. | Matters concerning receipt of reports on injuries of victims and their bereaved families and registration of victims and their bereaved families; |
| 6. | Investigations on reports of injuries; |
| 7. | Other matters specified by Presidential Decree for investigating actual conditions of victims and supporting victims. |
| (3) | The Committee shall be comprised of not more than 20 members, including one chairperson; and the Minister of Health and Welfare shall serve as chairperson. |
| (4) | Committee members shall be appointed or commissioned by the Minister of Health and Welfare from among the following persons, as prescribed by Presidential Decree. In such cases, at least six persons who fall under subparagraphs 2 and 3 shall be included in the Committee: |
| 1. | Related public officials; |
| 2. | Representatives of victims (including children and guardians of victims); |
| 3. | Persons who have abundant knowledge and experience necessary for the affairs of the Committee. |
| (5) | Other matters necessary for the composition and operation of the Committee shall be prescribed by Presidential Decree. |
| Article 4 (Resolution by Committee) |
A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring votes of at least a majority of those present.
| Article 5 (Independence of Members in Performance of Duties and Guarantee of Their Status) |
| (1) | Committee members shall perform their duties independently. |
| (2) | No committee member shall be removed or dismissed from office against his/her will, except in either of the following cases: |
| 1. | Where a Committee member has significant difficulty performing his/her duties or becomes unable to perform his/her duties, due to a physical or mental disorder; |
| 2. | Where a Committee member is disqualified under Article 6. |
| Article 6 (Disqualifications of Committee Members) |
| (1) | None of the following persons shall be qualified as a Committee member: |
| 1. | A person who is not a citizen of the Republic of Korea; |
| (2) | When a Committee member falls under any subparagraph of paragraph (1), he/she shall be automatically removed from office. |
| Article 7 (Investigation on Actual Conditions of Victims) |
| (1) | The Committee shall conduct investigations of actual conditions of victims, as prescribed by Presidential Decree regarding the methods, details, etc. of investigating actual conditions. |
| (2) | The Committee may request related administrative agencies or organizations to provide relevant data for collecting document and conducting investigations under paragraph (1). In such cases, upon receipt of such request, related agencies or organizations shall comply therewith, unless there is a compelling reason not to do so. |
| (3) | Related agencies or organizations shall provide convenience necessary for searching for and inspecting documents related to the injuries inflicted by either of the atomic bombings upon Koreans. |
| Article 8 (Preparation of Report on Investigations of Actual Conditions) |
The Committee shall prepare a report on the investigations of actual conditions conducted under Article 7 (1).
| Article 9 (Registration of Victims) |
| (1) | A victim who intends to receive assistance provided under this Act shall apply for registration to the Committee. |
| (2) | Matters necessary for the criteria, procedure, etc. for the registration under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 10 (Reporting of Changes) |
| (1) | If any of the following events occurs to a victim, the victim or a bereaved family member or family member of the victim shall report the event to the Committee, without delay, as prescribed by Presidential Decree: |
| 1. | If the victim is deceased; |
| 2. | If the victim forfeits nationality of the Republic of Korea; |
| 3. | If the victim has been missing continuously for at least one year or if the cause of disappearance ceases to exist; |
| 4. | If any change in the personal information specified by Presidential Decree occurs, such as the change in the name, address, or date of birth. |
| (2) | "Bereaved family member or family member" under paragraph (1) means any of the following subparagraphs: |
| 2. | A lineal ascendant or descendant; |
| 3. | A sibling if the victim has no spouse or lineal ascendant or descendant. |
| Article 11 (Arising and Termination of Entitlement to Assistance) |
| (1) | Entitlement to assistance provided under this Act shall arise in the month an application for registration under Article 9 is filed. |
| (2) | If a victim registered under Article 9 (hereinafter referred to as "registered victim") dies or loses his/her nationality, the entitlement to assistance provided under this Act shall terminate in the month immediately following the month the cause of termination occurs. |
| Article 12 (Medical Assistance) |
| (1) | The State shall provide medical assistance to registered victims who need medical treatment for wounds or diseases caused by radiation from the atomic bombs so that they can receive medical treatment, etc. |
| (2) | The holders of a health book (referring to the persons who hold a health book issued under the Atomic Bomb Survivors' Support Law of Japan), among registered victims, shall be excluded from the persons eligible for medical assistance under this Article and Article 13: Provided, That the foregoing shall not apply to medical treatment allowances under Article 13 (2) 5. |
| Article 13 (Kinds of Medical Assistance) |
| (1) | The State shall conduct a periodic medical examination annually and thorough medical checkups specified by Presidential Decree, free of charge, for registered victims: Provided, That a thorough medical checkup may be conducted only when a physician determines it necessary. |
| (2) | When a registered victim receives medical treatment for a wound or disease caused by radiation from the atomic bombings, the State may pay the following expenses actually incurred in such medical treatment: |
| 2. | Expenses for medical examination and testing; |
| 3. | Expenses for hospitalization; |
| 4. | Expenses for medication; |
| 5. | Medical treatment allowances. |
| (3) | Matters necessary for the scope of the periodic medical examinations under paragraph (1), the criteria for eligibility for the medical care benefits under paragraph (2), methods for calculating the amount of such benefits and providing such benefits, etc. shall be prescribed by Presidential Decree. |
| Article 14 (Memorial Projects) |
| (1) | The State and local governments may implement the following projects to commemorate those who died of injuries caused by the atomic bombings and to use such projects as an opportunity for education on human rights and peace: |
| 1. | Memorial cemeteries and memorial towers; |
| 2. | Other projects necessary for commemorating the victims. |
| (2) | If a corporation or an organization implements any of the projects referred to in paragraph (1), the State or a local government may fully or partially subsidize the project, within the budget. |
| Article 15 (Protection of Entitlement) |
No entitlement to medical care benefits shall be transferred or offered as security or shall not be subject to seizure or attachment.
| Article 16 (Recovery of Medical Care Benefits) |
| (1) | The State shall recover medical care benefits from a person to whom such medical care benefits have been paid, in any of the following cases: |
| 1. | Where the person has received medical care benefits by fraud or other improper means; |
| 2. | Where medical care benefits have been mistakenly paid. |
| (2) | If a person who is obliged to return medical care benefits in compliance with the decision to recover them under paragraph (1) fails to do so within a given period, such medical care benefits may be recovered in the same manner as delinquent national taxes are collected. |
| Article 17 (Fact-Finding Inspections and Duty to Cooperate) |
| (1) | When the Committee hears testimonies or statements from an applicant, witness, or potential witness for the support, etc. under this Act or deems necessary for any other purpose, it may request a related agency or organization to provide cooperation. |
| (2) | Upon receipt of a request for cooperation under paragraph (1), a related agency or organization shall take appropriate action and notify the Committee of the outcomes thereof, without delay. |
| Article 18 (Cooperation between Committee and Other Institutions) |
| (1) | The Committee may seek advice or opinions from victims' associations or non-governmental organizations on the details of the affairs executed by the Committee, and the procedures for and results of executing such affairs. |
| (2) | When the Committee deems necessary, it may delegate or entrust the execution of part of its affairs to local governments, public institutions under the Act on the Management of Public Institutions, or other related institutions or non-governmental organizations or may jointly execute such affairs with such entities. |
| (3) | Other matters necessary for paragraphs (1) and (2) shall be prescribed by Rule of the Committee. |
| Article 19 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
[This Article Newly Inserted by Act No. 16409, Apr. 30, 2019]
ADDENDA
Article 1 (Enforcement Decree)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measure concerning Registration of Victims)
The persons who are registered as victims of the atomic bombings with the Republic of Korea National Red Cross established pursuant to the Organization of the Republic of Korea National Red Cross Act and have received medical expenses or medical treatment allowances from the Government of the Republic of Korea before this Act enters into force, shall be deemed to have been registered under Article 9 of this Act.
ADDENDUM <Act No. 16409, Apr. 30, 2019>
This Act shall enter into force three months after the date of its promulgation.