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ENFORCEMENT DECREE OF THE NORTH KOREAN REFUGEES PROTECTION AND SETTLEMENT SUPPORT ACT

Presidential Decree No. 15436, Jul. 14, 1997

Amended by Presidential Decree No. 15984, Dec. 31, 1998

Presidential Decree No. 15967, Dec. 31, 1998

Presidential Decree No. 16211, Mar. 31, 1999

Presidential Decree No. 16326, May 24, 1999

Presidential Decree No. 16695, Jan. 28, 2000

Presidential Decree No. 17115, Jan. 29, 2001

Presidential Decree No. 17620, jun. 3, 2002

Presidential Decree No. 18146, Nov. 29, 2003

Presidential Decree No. 18601, Dec. 18, 2004

Presidential Decree No. 18911, jun. 30, 2005

Presidential Decree No. 19513, jun. 12, 2006

Presidential Decree No. 20117, jun. 28, 2007

Presidential Decree No. 20721, Feb. 29, 2008

Presidential Decree No. 20797, jun. 5, 2008

Presidential Decree No. 21087, Oct. 20, 2008

Presidential Decree No. 21658, Jul. 31, 2009

Presidential Decree No. 21744, Sep. 21, 2009

Presidential Decree No. 21835, Nov. 20, 2009

Presidential Decree No. 22075, Mar. 15, 2010

Presidential Decree No. 22269, Jul. 12, 2010

Presidential Decree No. 22406, Sep. 27, 2010

Presidential Decree No. 23488, Jan. 6, 2012

Presidential Decree No. 24422, Mar. 23, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25158, Feb. 11, 2014

Presidential Decree No. 25313, Apr. 21, 2014

Presidential Decree No. 25483, Jul. 16, 2014

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 25769, Nov. 24, 2014

Presidential Decree No. 26763, Dec. 28, 2015

Presidential Decree No. 27444, Aug. 11, 2016

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 27857, Feb. 13, 2017

Presidential Decree No. 28015, May 8, 2017

Presidential Decree No. 28211, Jul. 26, 2017

Presidential Decree No. 28659, Feb. 20, 2018

Presidential Decree No. 29114, Aug. 21, 2018

Presidential Decree No. 29397, Dec. 24, 2018

Presidential Decree No. 29421, Dec. 24, 2018

Presidential Decree No. 29950, Jul. 2, 2019

Presidential Decree No. 29977, Jul. 16, 2019

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the North Korean Refugees Protection and Settlement Support Act and those necessary for the enforcement thereof.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 1-2 (Requests for Submission of Data)
Where it is necessary to formulate a master plan or an annual implementation plan under Article 4-3 of the North Korean Refugees Protection and Settlement Support Act (hereinafter referred to as the “Act”), the Minister of Unification may request the heads of the relevant central administrative agencies to submit data. In such cases, the heads of the relevant central administrative agencies, in receipt of the request to submit data, shall comply therewith unless there is a compelling reason not to do so.
[This Article Newly Inserted by Presidential Decree No. 25158, Feb. 11, 2014]
 Article 1-3 (Units of Household)
(1) The units of household eligible for the protection and settlement support under Article 5 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 25158, Feb. 11, 2014>
1. Husband and wife (including a couple in a de facto marital relationship and a couple living apart from each other) and lineal blood relatives thereof (limited to where a lineal blood relative is not accompanied by his or her spouse);
2. Brothers and sisters.
(2)  Notwithstanding paragraph (1), where grounds exist making it impracticable to consider persons eligible for protection as forming a unit of household, based upon the relationship between the persons eligible for protection who constitute any household unit defined in the subparagraphs of paragraph (1), the property of persons eligible for protection, their social adaptation status, the timing for determining their protection, etc., they may be deemed not to constitute a household.
[This Article Wholly Amended by Presidential Decree No. 21658, Jul. 31, 2009]
 Article 2 (Organization of Consultative Council)
The members (hereinafter referred to as “members”) of the Consultative Council on Residents Escaping from North Korea under Article 6 (1) of the Act (hereinafter referred to as “Consultative Council”) shall be as follows: <Amended by Presidential Decree No. 29114, Aug. 21, 2018>
1. One person each appointed by the heads of the relevant administrative agencies from among members in general service of the Senior Executive Service of the Ministry of Economy and Finance; the Ministry of Education; the Ministry of Unification; the Ministry of Foreign Affairs; the Ministry of Justice; the Ministry of National Defense; the Ministry of the Interior and Safety; the Ministry of Culture, Sports and Tourism; the Ministry of Agriculture, Food and Rural Affairs; the Ministry of Trade, Industry and Energy; the Ministry of Health and Welfare; the Ministry of Employment and Labor; the Ministry of Gender Equality and Family; the Ministry of Land, Infrastructure and Transport; the Ministry of SMEs and Startups; the Office of the President; the National Intelligence Service; the Office for Government Policy Coordination; the Korean National Police Agency and the Defense Security Support Command, or persons holding positions corresponding thereto;
2. One person each nominated by the head of a relevant local government from among public officials at a level of chief of office or chief of bureau in not more than three local governments whose participation in the Consultative Council is deemed necessary by the Chairperson thereof (hereinafter referred to as “Chairperson”) taking into account the number of North Korean refugees who reside in the relevant areas.
[This Article Wholly Amended by Presidential Decree No. 28659, Feb. 20, 2018]
 Article 3 (Duties of Chairperson)
(1) The Chairperson shall convene meetings of the Consultative Council, and shall exercise general supervision over its affairs. <Amended by Presidential Decree No. 28659, Feb. 20, 2018>
(2) Where the Chairperson is unable to perform his or her duties due to any unavoidable cause, a relevant member from the National Intelligence Service under Article 2 shall act on his or her behalf.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 4 (Subcommittees)
(1) The Consultative Council may establish and operate any number of subcommittees necessary to efficiently conduct its duties.
(2) A subcommittee shall consist of a Chairperson, members related to the relevant agenda items, and executive secretaries under Article 7.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 5 (Meetings)
(1)  Meetings of the Consultative Council shall be classified into plenary sessions and meetings of subcommittees, which shall be convened whenever deemed necessary by the Chairperson.
(2) The Chairperson shall report matters deliberated on and adjusted in meetings of subcommittees at the next plenary session.
(3)  Where the Chairperson intends to convene a meeting, he or she shall notify the following matters to each member two days before the opening of the meeting: Provided, That this shall not apply in emergency or in other extenuating circumstances:
1. Date of the meeting;
2. Venue of the meeting;
3. Agendas.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 6 (Hearing of Opinions)
(1) Where it is necessary to perform the duties of the Consultative Council, the Chairperson may have a related public official or expert attend its meeting to hear his or her opinions, or request cooperation from any related institution, organization, etc., including submission of necessary materials.
(2) Allowances, travel expenses, and other necessary expenses may be reimbursed to a person who attends a meeting to state his or her opinions or submits a statement of opinion or materials under paragraph (1), within budgetary limit: Provided, That this shall not apply where a public official attends a meeting in direct connection with his or her competent duties.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 7 (Executive Secretaries)
The Consultative Council shall have two executive secretaries to handle its business affairs, and the relevant members from the Ministry of Unification and the National Intelligence Service under Article 2 shall serve as executive secretaries.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 8 (Working-Level Consultative Councils)
(1) The Chairperson may organize and operate any number of working-level consultative councils wherever necessary to have prior consultation on matters deemed necessary, among the agendas of the Consultative Council.
(2) The relevant member from the Ministry of Unification under Article 2 shall become the Chairperson of a working-level consultative council, and those appointed by him or her shall serve as its members.
(3) The Chairperson of a working-level consultative council may adjust the number of participating members, depending on matters subject to consultation.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 9 (Detailed Guidelines for Operation)
Matters necessary for operating the Consultative Council, other than those under this Decree, shall be determined by the Chairperson, following deliberation by the Consultative Council.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 10 (Application for Protection)
Cases where a resident who has escaped from North Korea may not apply for protection in person underthe proviso to Article 7 (1) of the Act shall be as follows:
1. Where he or she has a mental disorder;
2. Where a member of his or her family applies for protection by proxy of the rest of the family members;
3. Where there exist other urgent grounds.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 11 (Notification of Application for Protection)
(1) Where the head of an overseas diplomatic or consular mission or the head of any administrative agency (including the commanders of military units of various levels; hereinafter referred to as the “head of an overseas diplomatic or consular mission, etc.”) receives an application for protection under Article 7 (1) of the Act (hereinafter referred to as “application for protection”), he or she shall, without delay, notify the following matters respectively to the Minister of Unification and the Director of the National Intelligence Service via the head of the central administrative agency to which he or she belongs:
1. Name, date of birth, gender, and health conditions of the applicant for protection (hereinafter referred to as “applicant for protection”);
2. Date and other details of the application for protection.
(2) Upon receipt of an application for protection, the head of an overseas diplomatic or consular mission, etc., shall take measures necessary for protecting the personal safety of the applicant until examination or a provisional protective measure under Article 7 (3) of the Act, is conducted or taken. <Amended by Presidential Decree No. 29977, Jul. 16, 2019>
(3)  Matters necessary for the methods for notification and the personal safety of an applicant under paragraphs (1) and (2) shall be determined by the Director of the National Intelligence Service following consultation with the head of the relevant central administrative agency.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 12 (Details and Methods of Examination)
(1) The contents of examination under Article 7 (3) of the Act shall be as follows:
1. Matter necessary for confirming whether an applicant for protection falls under the category of residents escaping from North Korea, such as the place of birth, occupation, family relations, and whether to hold a foreign nationality;
2. Matters necessary for confirming whether an applicant for protection falls under any of the subparagraphs of Article 9 (1) of the Act, such as his or her motive and process of escape from North Korea, circumstances after escape, details related to entry into the Republic of Korea, and criminal records;
3. Other matters necessary for decision on protection of the applicant for protection.
(2) Examination under Article 7 (3) of the Act may be conducted in forms of face-to-face examination, on-the-site examination, inspection of documents, sampling, etc.
(3) If necessary for investigating the matters under the subparagraphs of paragraph (1), the Director of the National Intelligence Service may ask any questions to the applicant for protection, and, with the consent of the applicant, be provided with documents, fingerprint or facial information, etc. by which the status, family relations, etc. of the applicant can be verified.
(4) The Director of the National Intelligence Service may request the head of the relevant administrative agency to provide necessary information to investigate the matters referred to the subparagraphs of paragraph (1).
(5) Where the purpose of the relevant examination cannot be accomplished by examination alone or excessive expenses are necessary for verifying whether any act subject to examination is true, the Director of the National Intelligence Service may ask questions to the relatives or related persons of the applicant for protection by face-to-face or via telephone, fax and mail (including the email using an information and communications network).
(6) Necessary matters concerning detailed procedures for investigating the matters under the subparagraphs of paragraph (1) shall be determined by the Director of the National Intelligence Service.
[This Article Wholly Amended by Presidential Decree No. 29977, Jul. 16, 2019]
 Article 12-2 (Details and Methods of Provisional Protective Measures)
(1) The contents of provisional protective measures under Article 7 (3) of the Act shall be as follows:
1. Protection of applicants for protection at a provisional protection facilities under Article 7 (4) of the Act (hereinafter referred to as “provisional protection facility”) for a certain period to secure their safety from personal danger, such as terrorism;
2. Measures deemed necessary for mental and physical stability of applicants for protection, such as psychology consultation, treatment of disease, health management, and basic education for social adaptation;
3. Other measures necessary for securing the personal safety of applicants for protection.
(2) If deemed necessary for provisional protective measures under Article 7 (3) of the Act, the Director of the National Intelligence Service may, with the consent of the applicant for protection, confirm whether such applicant for protection (including his or her children where he or she is under protection together with them under Article 12-4 (2)) possesses or conceals narcotics, arms, lethal weapons, other dangerous things, etc.
(3) Necessary matters concerning details and procedures of provisional protective measures under each subparagraph of paragraph (1) shall be determined by the Director of the National Intelligence Service.
[This Article Newly Inserted by Presidential Decree No. 29977, Jul. 16, 2019]
 Article 12-3 (Period of examination and provisional protective measures)
The period of examination and provisional protective measures under Article 7 (3) of the Act shall not exceed 90 days from the date when the relevant applicant for protection enters into the Republic of Korea (referring to the date of applying for protection, if such applicant applies for protection after the date of his or her entry into the Republic of Korea): Provided, That in extenuating circumstances, such as the increase in the number of the residents escaping from North Korea who enter into the Republic of Korea, such period may be extended within the extent of 30 days only once, after deliberation by the Consultative Council.
[This Article Wholly Amended by Presidential Decree No. 29977, Jul. 16, 2019]
 Article 12-4 (Establishment and Operation of Provisional Protection Facilities)
(1) Where the Director of the National Intelligence Service establishes a provisional protection facility, such facilities shall be equipped with an examination facility, an accommodation facility and any other necessary facility so that examination and provisional protective measures under Article 7 (3) of the Act for applicants for protection may be conducted and applicants for protection may make a basic living.
(2) Where the applicant for protection fosters any child who is not a resident escaping from North Korea and that child has no fosterer other than that applicant, the Director of the National Intelligence Service may protect such applicant and his or her child together.
(3) Except as provided for in paragraphs (1) and (2), matters necessary for establishing and operating provisional protection facilities shall be determined by the Director of the National Intelligence Service.
[This Article Wholly Amended by Presidential Decree No. 29977, Jul. 16, 2019]
 Article 12-5 (Human Rights Protection Officer)
(1) One human right protection officer shall be assigned to the provisional protection facility to reinforce the protection of human rights of an applicant for protection.
(2) The human right protection officer under paragraph (1) (hereinafter referred to as “human right protection officer”) shall be commissioned by the Director of the National Intelligence Service from among the following persons:
1. A person who is qualified as an attorney-at-law and has practical experience for at least 10 years;
2. A person who was engaged in activities for human rights for at least 10 years, such as working for a non-profit, non-governmental organization, corporation or international organization in the field of human rights;
3. A person who has expertise in any field related to human rights or residents escaping from North Korea and has served or served for at least 10 years at a university or college under subparagraph 1 of Article 2 of the Higher Education Act or a research institute as an associate professor or higher;
4. A person who has experience in affairs related to human rights or residents escaping from North Korea and served as a public official of Grade III or higher at a State agency or local government;
(3) The term of office of the Human Rights Protection Officer shall be one year.
(4) The Human Rights Protection Officer shall independently conduct the following affairs:
1. Providing advice and improvement recommendations concerning protecting human rights of applicants for protection;
2. Supporting the treatment of civil petitions related to the violation of human rights in the course of examination and provisional protective measures under Article 7 (3) of the Act;
3. Other activities for protecting human rights of applicants for protection, such as education on human rights conducted for the staff of the provisional protection facility.
(5) Except as provided for in paragraphs (1) through (4), matters necessary for operating human rights protection officer shall be determined by the Director of the National Intelligence Service.
[This Article Wholly Amended by Presidential Decree No. 29977, Jul. 16, 2019]
 Article 13 (Notification of Results of Examination and Provisional Protective Measures)
(1) The Director of the National Intelligence Service shall give written notice of the details of examination and provisional protective measures conducted under Article 7 (3) of the Act to the Minister of Unification. <Amended by Presidential Decree No. 29977, Jul. 16, 2019>
(2) Upon receipt of notice under paragraph (1), the Minister of Unification may additionally request the Director of the National Intelligence Service to conduct an examination or provide materials deemed necessary to determine whether or not to provide protection.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 14 (Scope of Persons Likely to Affect National Security to Considerable Extent)
A person who is likely to affect national security to the considerable extent under the proviso to Article 8 (1) of the Act shall be any of the following persons:
1. A person who has committed a crime concerning insurrection or crime concerning foreign aggression defined in the Criminal Act; a crime of insurrection, crime of benefitting the enemy, or crime of unlawful use of secret codes defined in the Military Criminal Act; or any other crime falling under the National Security Act (excluding Article 10) or the Military Secret Protection Act; or a person who initially intended to commit any of the aforesaid crimes but has expressed his or her will to renounce such intention;
2. A person deemed essential for national security by the Director of the National Intelligence Service among persons actively engaged in protecting the North Korean regime in the Workers' Party; the Cabinet; the armed forces; the Ministry of People’s Security; or the Ministry of State Security of North Korea;
3. A spouse or relative of the person of supreme power in North Korea;
4. A person with important intelligence in advanced science or other special and professional fields closely related to national security.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 15 (Determination on Protection)
(1) The Minister of Unification shall determine eligibility for protection within 30 days from receipt of notice under Article 13 (1): Provided, That this shall not apply in any extenuating circumstances.
(2) Where the Director of the National Intelligence Service intends to decide on whether to provide protection underthe proviso to Article 8 (1) of the Act, he or she shall determine eligibility for protection within 30 days from the date he or she completes examination and provisional protective measures under Article 7 (3) of the Act: Provided, That this shall not apply in extenuating circumstances. <Amended by Presidential Decree No. 29977, Jul. 16, 2019>
(3)  Where the Minister of Unification has determined eligibility for protection underparagraph (1), he or she shall promptly notify it, in writing, to the head of an overseas diplomatic or consular mission, etc. via the head of the relevant central administrative agency, by stating details of such determination: Provided, That where a person eligible for protection is not receiving protection at an institution that has applied for protection, such notice shall be given to the head of an institution that is protecting the person eligible for protection as at the time such determination is made.
(4) Where the Director of the National Intelligence Service has determined eligibility for protection underparagraph (2), he or she shall without delay notify it, in writing, to the Minister of Unification, by stating details of such determination.
(5) Where determination on eligibility for protection has not been made due to an extenuating circumstance, as under the provisos to paragraphs (1) and (2), the relevant grounds, etc. shall be notified to the applicant for protection.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 16 (Criteria for Protection Decision)
(1)  “Other persons prescribed by Presidential Decree as unfit for designation as persons eligible for protection” under Article 9 (1) 6 of the Act shall be any of the following persons: <Amended by Presidential Decree No. 29977, Jul. 16, 2019>
1. Persons anticipated to cause serious political or diplomatic difficulties to the Republic of Korea if designated as eligible for protection;
2. Persons who commit violence or damage facilities that may seriously harm the safety of others during a period of examination and provisional protective measures under Article 12-3;
3. Persons who have obtained a legitimate residency status in a third country after escaping from North Korea.
(2)  “Unavoidable grounds prescribed by Presidential Decree” under Article 9 (2) of the Act means any of the following cases: <Amended by Presidential Decree No. 25769, Nov. 24, 2014>
1. Cases falling under Article 9 (1) 4 of the Act: Where residents escaping from North Korea have any unavoidable ground specified in the following:
(a)  Where he or she is found unable to act freely due to grounds, such as detention or confinement, in a country of sojourn against his or her will;
(b) Where he or she was confined for a long time in a confinement facility of a country of sojourn in the process of entering the Republic of Korea;
(c) Where he or she is found to have been unable to lead a normal or stable life due to circumstances, such as seclusion or escape, in a country of sojourn;
(d)  Other cases the Minister of Unification deems equivalent to those under items (a) through (c);
2. Cases falling under Article 9 (1) 5 of the Act: When residents escaping from North Korea have any unavoidable ground specified in the following:
(a)  Where he or she is found to have been unable to act freely due to grounds, such as staying in a facility isolated from the outside or having a disease;
(b)  Other cases that the Minister of Unification deems equivalent to item (a).
(3)  No period falling under any subparagraph of paragraph (2) shall be included in calculating a period during which residents escaping from North Korea had their base of livelihood in their respective countries of sojourn under Article 9 (1) 4 of the Act.
(4)  “Protection and support prescribed by Presidential Decree as necessary for settlement in a community” under Article 9 (3) 2 of the Act means education for social adaptation, etc., under Article 15 of the Act.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 17 (Notification of Details of Treatment)
Where it is determined to provide protection to an applicant for protection, the head of an overseas diplomatic or consular mission, etc. shall notify details of treatment he or she will receive, including his or her rights and obligations.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 18 (Re-application for Protection)
(1) An applicant for protection who is denied protection may apply for protection again if there exists new factual data or evidence within five years from the date he or she receives the first notification on the determination regarding whether protection will be provided under Article 8 of the Act.
(2) The Minister of Unification and the Director of the National Intelligence Service shall determine whether to provide protection, and notify the results of his or her determination to the applicant for protection within 60 days from the date he or she receives a re-application under paragraph (1): Provided, That the aforesaid period may be extended by up to 30 days only once, in extenuating circumstances.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 19 (Negotiations for Entry into the Republic of Korea)
(1) Matters necessary for negotiations with the relevant host country for a person eligible for protection staying abroad into the Republic of Korea, the transfer of a person eligible for protection into the Republic of Korea, and so forth shall be determined by the Minister of Foreign Affairs in consultation with the Director of the National Intelligence Service, but with respect to persons eligible for protection under the proviso to Article 8 (1) of the Act, such determination shall be made by the Director of the National Intelligence Service. <Amended by Presidential Decree No. 24422, Mar. 23, 2013; Presidential Decree No. 29950, Jul. 2, 2019> 
(2) Where the Minister of Foreign Affairs and the Director of the National Intelligence Service have determined the timing, methods, etc. for transferring a person eligible for protection staying overseas into the Republic of Korea, they shall notify the results of their determination to the Minister of Unification without delay: Provided, That when there is a serious risk to the safety of the person eligible for protection, and if such risk is present and obvious, they may give notice to the Minister of Unification upon his or her entry into the Republic of Korea. <Amended by Presidential Decree No. 24422, Mar. 23, 2013; Presidential Decree No. 29950, Jul. 2, 2019> 
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 20 (Establishment of Settlement Support Facilities)
(1) Where the Minister of Unification establishes settlement support facilities under the main clause of Article 10 (1) of the Act, he or she shall ensure that such settlement support facilities include facilities for accommodation, management, education and training and others in order to support the basic living and adaptation activities of persons eligible for protection.
(2)  Matters necessary for establishing settlement support facilities under paragraph (1) shall be determined by the Minister of Unification.
(3)  Matters necessary for establishing settlement support facilities under the proviso to Article 10 (1) of the Act shall be determined by the Director of the National Intelligence Service.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 21 (Management and Operation of Settlement Support Facilities)
(1) The Minister of Unification may request his or her officials to manage and operate settlement support facilities under the main clause of Article 10 (1) of the Act.
(2)  For the purpose of promoting the psychological stability of persons eligible for protection, resolving difficulties facing them, and enhancing their means for self-reliance, the Minister of Unification may operate counseling offices in settlement support facilities in the fields of psychology, law, professional career and alleviation of distress.
(3) A person who manages and operates settlement support facilities underparagraph (1) shall immediately report to the Minister of Unification when any unusual condition is observed in relation to the health, psychological status, manner of speaking and behaving, etc. of persons eligible for protection.
(4) Article 12-4 (2) shall apply mutatis mutandis to the protection of children of persons eligible for protection. In such cases, “the Director of the National Intelligence Service” shall be deemed as “the Minister of Unification or the Director of the National Intelligence Service”, “applicant for protection” as “person eligible for protection”, and “provisional protection facility” as “settlement support facility,” respectively. <Amended by Presidential Decree No. 29977, Jul. 16, 2019>
(5) Except as under paragraphs (1) through (4), matters necessary for managing and operating settlement support facilities shall be determined by the Minister of Unification: Provided, That matters necessary for managing and operating the settlement support facilities established underthe proviso to Article 10 (1) of the Act shall be determined by the Director of the National Intelligence Service. <Amended by Presidential Decree No. 29977, Jul. 16, 2019>
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 22 (Transfer of Persons Eligible for Protection to other Settlement Support Facilities)
With respect to persons eligible for protection who are receiving protection at settlement support facilities established under the proviso to Article 10 (1) of the Act, where the Director of the National Intelligence Service verifies his or her identity and motive for escaping from North Korea and conducting medical checkup and other measures necessary for settlement support under Article 11 (3) of the Act, he or she shall transfer them to the settlement support facilities established and operated by the Minister of Unification unless there is a compelling reason not to do so.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 23 (Issuance of Temporary Identification Cards)
(1) The Minister of Unification and the Director of the National Intelligence Service shall issue temporary identification cards to persons eligible for protection who receive protection at their respective settlement support facilities.
(2) Matters necessary for issuing temporary identification cards under paragraph (1) shall be determined by the Minister of Unification in consultation with the Director of the National Intelligence Service.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 24 (Requests for Cooperation)
(1) For the purposes of providing support for settlement to persons eligible for protection who receive protection at settlement support facilities, the Minister of Unification may request cooperation from the heads of other administrative agencies or the heads of local governments, and the heads of other administrative agencies or the heads of local governments, in receipt of such request for cooperation, shall comply therewith.
(2) In order to protect the personal safety of persons eligible for protection who receive protection at settlement support facilities, the Minister of Unification may request cooperation from the Minister of National Defense or the Commissioner General of the Korean National Police Agency, etc. in relation to the guard, security, etc. of such facilities, and the Minister of National Defense or the Commissioner General of the Korean National Police Agency, etc. in receipt of such request for cooperation, shall comply therewith.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 25 (Provision of Protection Money or Goods)
(1) The Minister of Unification and the Director of the National Intelligence Service shall grant protection money or goods necessary for living to each of the persons who receive protection at settlement support facilities in accordance with Article 11 (2) of the Act: Provided, That where such person has formed a household, the provision may be made by unit of household.
(2) Matters necessary for the standards, methods, etc. for granting protection money or goods under paragraph (1) shall be determined by the Minister of Unification and the Director of the National Intelligence Service, respectively.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 26 (Personal Identification Register)
(1) The Minister of Unification and the Director of the National Intelligence Service shall administer and keep a personal identification register which describes general matters concerning protection and settlement support for persons eligible for protection, such as their personal information, in accordance with Article 12 (1) of the Act.
(2) The Director of the National Intelligence Service shall send a certified transcript of the personal identification registers which he or she administers and keeps underparagraph (1) to the Minister of Unification semiannually.
(3)  Where the Director of the National Intelligence Service has verified the identity of persons eligible for protection and his or her motive for escaping from North Korea and has conducted a medical checkup and other measures necessary for settlement support under Article 11 (3) of the Act, the Director of the National Intelligence Service shall inform the Minister of Unification of the relevant details, in writing or using the information and communications network, so that a personal identification register under paragraph (1) can be prepared. In such cases, the Minister of Unification shall manage a personal identification register separately from the matters notified by the Director of the National Intelligence Service under the proviso to Article 8 (1) of the Act.
(4) The Minister of Unification shall record matters reported or submitted under Article 23 of the Act in a personal identification register, and send a certified transcript thereof to the Director of the National Intelligence Service semiannually. <Amended by Presidential Decree No. 29977, Jul. 16, 2019>
(5) Matters necessary for a personal identification register, other than those under paragraphs (1) through (4), shall be determined by the Minister of Unification and the Director of the National Intelligence Service, respectively.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 27 (Standards and Procedures for Accreditation of Academic Background)
(1) School education that persons eligible for protection have completed in North Korea or foreign countries shall be recognized in accordance with the standards set forth in statutes related to education.
(2) Any person eligible for protection who wishes to obtain accreditation of his or her academic background under Article 13 of the Act shall submit an application for accreditation of academic background to the Minister of Unification: Provided, That where a person eligible for protection wishes to obtain accreditation of his or her academic background underthe Elementary and Secondary Education Act, he or she shall comply with Articles 96 through 98, 98-2, and 98-3 of the Enforcement Decree of the same Act.
(3)  Upon receipt of an application for accreditation of academic background, submitted under the main clause of paragraph (2), the Minister of Unification shall send it to the Minister of Education together with a written verification of the application. <Amended by Presidential Decree No. 24422, Mar. 23, 2013>
(4) Where the Minister of Education receives the application and written verification under paragraph (3), he or she shall determine whether to recognize the academic background of a person eligible for protection and notify the results of his or her determination to the Minister of Unification within three months from the date he or she receives the aforesaid documents, and the Minister of Unification shall then notify them to the relevant applicant. <Amended by Presidential Decree No. 24422, Mar. 23, 2013>
(5) In order to ensure that a person who attends a preparatory school established for residents escaping from North Korea under Article 24-2 of the Act (hereinafter referred to as “preparatory school”) can obtain accreditation of his or her school education, etc., the heads of settlement support facilities shall cooperate with the competent superintendent of education with jurisdiction over the address of the relevant preparatory school.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 28 (Procedures for Accreditation of Qualifications)
(1) Any person eligible for protection who wishes to obtain accreditation of his or her qualifications under Article 14 of the Act shall submit an application for accreditation of qualifications to the Minister of Unification.
(2) Upon receipt of the application under paragraph (1), the Minister of Unification shall send it, attached with a written verification of the application, to the head of an institution (including a private institution; hereinafter the same shall apply) in charge of duties related to recognizing the relevant qualifications.
(3)  The head of an institution, in receipt of the application and written verification under paragraph (2), shall determine whether to recognize the qualifications of the person eligible for protection and whether supplementary education or re-education (hereinafter referred to as “supplementary education, etc.”) is required for accreditation of the qualifications of the person eligible for protection, and notify the results of his or her determination to the Minister of Unification within three months from the date he or she receives the aforesaid documents, and then, the Minister of Unification shall notify it to the relevant applicant.
(4)  In order to examine whether to grant the accreditation of qualifications of persons eligible for protection under paragraph (3), a committee for examining accreditation of qualifications may be established within an institution in charge of duties related to recognizing the relevant qualifications in accordance with Article 14 (3) of the Act.
(5)  Matters necessary for organization, operation, etc. of a committee for examining accreditation of qualifications under paragraph (4) shall be determined by the head of an institution in charge of duties related to recognizing the relevant qualifications.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 29 (Providing Supplementary Education)
Where a person eligible for protection applies for supplementary education, etc. necessary for obtaining accreditation of his or her qualifications, the Minister of Unification may require the head of an institution in charge of duties related to recognizing the relevant qualifications to provide supplementary education, etc. after holding consultation with him or her. In such cases, the Minister of Unification shall subsidize expenses to be incurred in the institution in charge of duties related to recognizing the relevant qualifications to provide supplementary education, etc. within the budget.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 30 (Education for Social Adaptation)
(1) In principle, the basic education under Article 15 (1) of the Act (hereinafter referred to as “basic education”) shall be provided during a period of protection under Article 11 (1) of the Act.
(2)  For the purposes of providing basic education, the Minister of Unification shall prepare curricula for such fields as politics, economy, society, and culture so that persons eligible for protection can develop basic qualities as a citizen of the Republic of Korea.
(3) In principle, adaptation education under Article 15 (2) of the Act (hereinafter referred to as “local adaptation education”) shall be provided within the first year of the period of protection at the place of residence under Article 5 (3) of the Act.
(4)  For the purposes of providing education for local adaptation, the Minister of Unification shall prepare education curricula which shall include education programs developed in consideration of the characteristics of the place of residence, counselling programs of various kinds, and service linkage with institutions and organizations involved in providing support for persons eligible for protection.
(5)  The Minister of Unification may entrust education for local adaptation to institutions, organizations, or facilities recognized as capable of professionally providing education for local adaptation. In such cases, the Minister of Unification may subsidize expenses incurred in providing education for local adaptation within the budget.
(6) The Minister of Unification may provide additional education for social adaptation by developing special programs during the period of protection at the place of residence under Article 5 (3) of the Act if persons eligible for protection wish to receive such education or it is deemed necessary for his or her social adaptation.
(7)  Matters necessary for providing education, etc. for social adaptation of persons eligible for protection, other than those under paragraphs (1) through (6), shall be determined by the Minister of Unification.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 31 [Previous Article 31 Moved to Article 35-3]
 Article 32 (Application for Vocational Training)
(1) Where a person who is or was eligible for protection (hereinafter referred to as “person eligible for protection, etc.”) wishes to receive vocational training under Article 16 of the Act, he or she shall submit an application for vocational training to the Minister of Unification.
(2) The Minister of Unification may conduct vocational training for a person eligible for protection, etc. who has submitted an application under paragraph (1) at an education and training facility within a settlement support facility, or request cooperation from the Minister of Employment and Labor, the Minister of SMEs and Startups, or the heads of local governments (hereinafter referred to as the “Minister of Employment and Labor, etc.”) so that a person eligible for protection, etc. can receive vocational training at an institution that conducts vocational ability development training under the Act on the Development of Vocational Skills of Workers (including institutions responsible for training under Article 57 (1) of the Small and Medium Enterprises Promotion Act; hereinafter the same shall apply) for at least three months, and in such cases, the Minister of Employment and Labor, etc., in receipt of a request for cooperation, shall comply therewith. <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
(3)  Where the Minister of Employment and Labor, etc., in receipt of a request for cooperation for vocational training underparagraph (2) implements vocational training for a person eligible for protection, etc., he or she shall notify the outcomes thereof to the Minister of Unification.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 32-2 (Provision of Training Allowances)
(1) The Minister of Unification shall provide vocational training allowances to a person eligible for protection who receives vocational training under Article 16 of the Act during a period of vocational training.
(2) The standards for providing vocational training allowances and other necessary matters shall be determined by the Minister of Unification.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 33 (Vocational Guidance)
(1) The Minister of Unification shall conduct the following in order to ensure that persons eligible for protection find jobs appropriate for their abilities and aptitudes and receive vocational training based on their skills, experience, etc.:
1. Vocational counseling and vocational aptitude test;
2. Provision of occupational information, including job descriptions, working conditions, and employment trends;
3. Guidance on qualification tests of various kinds;
4. Support for the development and improvement of vocational abilities, including recommendation of appropriate vocational training institutions;
5. Other support to develop basic skills and adaptation expected of professionals.
(2) The Minister of Unification may request the Minister of Employment and Labor, etc. to conduct vocational guidance under paragraph (1), and the Minister of Employment and Labor, etc., in receipt of such request, shall comply therewith.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 34 (Support for Promotion of Employment)
(1) In order to promote the employment of persons eligible for protection, the Minister of Unification shall prepare a register by collecting and recording the academic background, career experience, skills possessed, etc. of persons eligible for protection, and make it available for utilization by private enterprises, etc.
(2)  Where it is necessary to promote employment of persons eligible for protection, the Minister of Unification may request the heads of the relevant administrative agencies to provide relevant data, such as the status of vocational training, employment insurance cover, etc. of persons eligible for protection. In such cases, heads of the relevant administrative agencies shall comply therewith unless there is good cause.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 34-2 (Provision of Employment Subsidies)
(1)  “Date such person is first employed” under the main clause of Article 17 (1) of the Act means the date a person eligible for protection subscribes to employment insurance defined in the Employment Insurance Act during a period of protection at the place of residence under Article 5 (3) of the Act: Provided, That in cases of businesses falling under Article 2 (1) 1 of the Enforcement Decree of the Employment Insurance Act, the date verified according to the procedures determined by the Minister of Unification shall be deemed the date the person eligible for protection is first employed.
(2) The grounds for extending the period of employment security by up to one year under the proviso to Article 17 (1) of the Act shall be as follows:
1. When he or she has worked at the same business place during a period of employment security;
2. When he or she is an aged person, a person with a disability, etc. prescribed by Ordinance of the Ministry of Unification.
(3)  For the purposes of applying paragraph (2) 1, when a person eligible for employment protection resigns on his or her own free will within six months after his or her employment due to such grounds as lack of aptitude or work maladjustment, and resumes employment within a period determined by the Minister of Unification, it shall be deemed that such person has continued to work at the same business place, on only one occasion.
(4) A business owner who wishes to receive employment subsidies under Article 17 (3) of the Act shall apply for payment of employment subsidies to the regional employment and labor office having jurisdiction over the relevant enterprise by the 10th of the month following the quarter in which salary is paid to a person eligible for employment protection by submitting an application for employment subsidies, attached with a wage ledger, etc., and upon receipt of the application, the regional employment and labor office shall send it to the Minister of Unification by the 15th of the same month: Provided, That where a business owner fails to file an application within the aforesaid period for any unavoidable grounds, the application shall be filed by the 10th of the month following the next quarter.
(5)  Upon receipt of the application for the payment of employment subsidies under paragraph (4), the Minister of Unification shall pay employment subsidies to the relevant business owner within 30 days from the date of receiving the application after verifying the relevant employment status.
(6) Notwithstanding paragraph (5), the Minister of Unification need not pay employment subsidies in any of the following cases: <Amended by Presidential Decree No. 25769, Nov. 24, 2014>
1. Where a person eligible for employment protection who is a business owner has applied for employment subsidies for his or her own employment;
2. Where a business owner has received support under other statutes and regulations for employing the relevant person eligible for employment protection;
3. Where a business owner has employed a person who has become eligible for protection under Article 8 of the Act after entering the Republic of Korea on or after the 29th of November, 2014.
(7) Where it is deemed necessary for conducting a fact-finding survey concerning a person eligible for employment protection, the Minister of Unification may require the business owner who has employed the person eligible for employment protection to submit related data. In such cases, the on-site investigation, interview with related persons, or other necessary measures may be implemented as required. <Amended by Presidential Decree No. 25158, Feb. 11, 2014>
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 35 (Employment Arrangement)
(1) A person eligible for protection who wishes to receive employment arrangement services under Article 17 (6) of the Act shall submit an application for employment, attached with documents prescribed by Ordinance of the Ministry of Unification, to the Minister of Unification.
(2)  In receipt of an application under paragraph (1), the Minister of Unification shall arrange the employment of the applicant by taking into account the level of vocational training he or she has received and his or her career experience in North Korea, in consultation with the Minister of Employment and Labor, etc.
(3) Where the application for employment arrangement services under paragraph (1) is filed, the Minister of Unification may request cooperation from related institutions, organizations, and corporations.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 35-2 (Restrictions on Employment Protection)
(1) The period for restricting employment protection under Article 17-2 (1) of the Act shall be as follows:
1. Where a person eligible for employment protection falls under Article 17-2 (1) 1 of the Act: Six months;
2. Where a person eligible for employment protection falls under Article 17-2 (1) 2 of the Act: One year.
(2) “Period prescribed by Presidential Decree” under Article 17-2 (1) 1 of the Act shall be six months.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 35-3 (Restrictions on Payment of Employment Subsidies and Order for Return)
(1)  In cases of business owners who have received employment subsidies provided for in Article 17 (3) of the Act (hereafter in this Article referred to as “employment subsidies”) by fraud or other improper means, the Minister of Unification shall not pay the amount which has not yet been paid of the amount of employment subsidies which was supposed to be paid initially, as under Article 17-2 (4) of the Act.
(2)  In cases of business owners, in receipt of employment subsidies by fraud or other improper means, the Minister of Unification shall restrict the payment of employment subsidies which are to be newly provided during the periods set forth in the attached Table, as under Article 17-2 (4) of the Act.
(3) In receipt of an order for return under Article 17-2 (4) of the Act, a business owner shall return the notified amount within 30 days from the date he or she receives the notification. In such cases, in principle, the payment shall be made in lump sum, but if the amount to be paid exceeds 10 million won, payment in installments may be allowed, as determined by the Minister of Unification.
[This Article Newly Inserted by Presidential Decree No. 25313, Apr. 21, 2014]
 Article 35-4 (Support for Farming Settlement)
(1) The Minister of Unification may provide a person eligible for protection who hopes to engage in the farming business with necessary support, including education and training for farming, on-site training programs in rural areas, financial assistance for farming, and so forth, as under Article 17-3 of the Act: <Amended by Presidential Decree No. 24422, Mar. 23, 2013; Presidential Decree No. 25158, Feb. 11, 2014; Presidential Decree No. 25313, Apr. 21, 2014>
1. through 3. Deleted. <by Presidential Decree No. 25313, Apr. 21, 2014>
(2) The Minister of Unification may request the Minister of Agriculture, Food and Rural Affairs to provide education and training for farming or to support on-site training programs in rural areas under paragraph (1). In such cases, the Minister of Agriculture, Food and Rural Affairs, in receipt of the request for cooperation, shall comply therewith unless there is a compelling reason not to do so. <Newly Inserted by Presidential Decree No. 25158, Feb. 11, 2014>
(3) With respect to persons with a strong desire to engage in the farming business among those who have completed education and training for farming or on-site training programs in rural areas under paragraph (2), the Minister of Agriculture, Food and Rural Affairs may provide necessary support to such persons, including selecting him or her as a successor to a farmer. <Amended by Presidential Decree No. 24422, Mar. 23, 2013; Presidential Decree No. 25158, Feb. 11, 2014>
(4) Matters necessary for selecting a successor to a farmer, etc. under paragraph (3) shall be determined by the Minister of Agriculture, Food and Rural Affairs. <Amended by Presidential Decree No. 24422, Mar. 23, 2013; Presidential Decree No. 25158, Feb. 11, 2014>
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 35-5 (Preferential Purchase)
(1) A business owner who is exemplary with respect to the employment of residents escaping from North Korea under Article 17-5 of the Act shall be a person who meets all of the following requirements: <Amended by Presidential Decree No. 29977, Jul. 16, 2019>
1. Employing five or more residents escaping from North Korea on the average annually;
2. Employing residents escaping from North Korea up to five or more percent of the average monthly number of workers during at least one year.
(2) The Minister of Unification shall endeavor so that the goods produced by the business owner under paragraph (1) may be preferentially purchased by the State, local government and public organization.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 36 (Special Appointment as Public Officials)
(1)  Special appointment under Article 18 (1) of the Act shall be limited to those who have experience of working at administrative agencies of various levels, public institutions, etc. in North Korea; those who have relevant qualifications in his or her desired field of employment; or those determined by the Minister of Unification, in consultation with the Minister of National Defense.
(2) A person eligible for protection who wishes to be specially appointed under Article 18 (1) of the Act shall submit an application for special appointment, attached with documents prescribed by Ordinance of the Ministry of Unification, to the Minister of Unification.
(3)  Where the Minister of Unification receives the application under paragraph (2), he or she shall send it, attached with a written verification of details of the application, to the Minister of Personnel Management and the heads of administrative agencies of various levels (hereafter in this Article referred to as the “Minister of Personnel Management, etc.”), and then, the Minister of Personnel Management, etc. shall notify the outcomes of such application to the relevant applicant via the Minister of Unification. <Amended by Presidential Decree No. 24422, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014>
(4)  The Minister of Personnel Management, etc. may specially appoint a person eligible for protection in accordance with the statutes and regulations related to the personnel management of public officials by according preferential treatment to such person, and in such cases, a written examination which is to be administered for the relevant special employment may be exempted. <Amended by Presidential Decree No. 24422, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014>
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 37 (Special Appointment of Soldiers)
The special appointment under Article 18 (2) of the Act shall be conducted in accordance with Articles 11 and 12 of the Military Personnel Management Act and Article 11 of the Enforcement Decree of the same Act. [This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 37-2 (Methods and Procedures for Evaluating Central Administrative Agencies)
(1) The Prime Minister, the Minister of Economy and Finance, the Minister of the Interior and Safety, etc. who evaluate central administrative agencies, local governments and public institutions under the Framework Act on Public Service Evaluation may include the employment rate of residents escaping from North Korea in their relevant evaluation. <Amended by Presidential Decree No. 24422, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
(2) The heads of institutions that conduct evaluation under paragraph (1) shall evaluate the employment rate of residents escaping from North Korea, based upon the characteristics of agencies subject to evaluation: Provided, That paragraph (1) may not apply to areas where duties require strict and high-level security, including diplomacy, security, and national defense.
[This Article Newly Inserted by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 38 (Accommodation Support)
(1)  The Minister of Unification may provide a person eligible for protection, with housing with the exclusive area not exceeding 85 square meters free of charge or offer necessary support for the lease [referring to arrangement for the lease and support necessary for paying rental deposits (hereinafter referred to as “housing subsidies”)] within the budget, based upon the age, household composition, etc. of the person eligible for protection, as under Article 20 (1) of the Act: Provided, That housing subsidies may be paid only partially, as determined by the Minister of Unification, based upon the property and social adaptation status of the person eligible for protection and his or her immediate family's desire to settle, violations committed at settlement support facilities or temporary protection facilities, duration of stay in a third country, and so forth.
(2)  The Minister of Unification may provide housing assistance by categorizing the areas where persons eligible for protection reside as follows:
1. Area “A”: The metropolitan area (referring to the Seoul Metropolitan City, Incheon Metropolitan City, and Gyeonggi-do);
2. Area “B”: The metropolitan cities (excluding Incheon Metropolitan City);
3. Area “C”: Areas other than those falling under Area “A” or “B.”
(3) Matters necessary for housing assistance, other than those under paragraphs (1) and (2), shall be determined by the Minister of Unification after deliberation by the Consultative Council.
(4)  A person eligible for protection shall be entitled to special acquisition of housing with the area not exceeding 85 square meters, among the national housing defined in subparagraph 5 of Article 2 of the Housing Act and the housing provided by the State, a local government, the Korea Land and Housing Corporation established under the Korea Land and Housing Corporation Act, or a local government-invested public corporation established for the purpose of conducting housing projects under Article 49 of the Local Public Enterprises Act (hereinafter referred to as “local government-invested public corporation”), and he or she may be selected as a tenant of publicly constructed rental housing defined in subparagraph 1-2 of Article 2 of the Special Act on Public Housing or publicly purchased rental housing defined in subparagraph 1-3 of the same Act. <Amended by Presidential Decree No. 25483, Jul. 16, 2014; Presidential Decree No. 25769, Nov. 24, 2014; Presidential Decree No. 26763, Dec. 28, 2015; Presidential Decree No. 27444, Aug. 11, 2016>
(5) A person eligible for protection who wishes to acquire or lease housing underparagraph (4) shall submit an application for acquisition or lease of the relevant housing to the Minister of Unification.
(6) Upon receipt of an application submitted under paragraph (5), the Minister of Unification may forward it to the Minister of Land, Infrastructure and Transport, the heads of local governments, the chief executive officer of the Korea Land and Housing Corporation, and other managing bodies of the relevant housing to request their cooperation, and the managing bodies in receipt of the request for cooperation shall cooperate so that a resident escaping from North Korea can occupy the relevant housing by the date he or she is to be discharged from a settlement support facility. <Amended by Presidential Decree No. 24422, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 38-2 (Support for Utilization of Communal Living Facilities)
(1) In accordance with Article 20 (4) of the Act, the Minister of Unification may provide support necessary for using communal living facilities to persons eligible for protection who are aged 24 or less as at the time of the determination to provide protection under Article 8 of the Act (limited to persons not accompanied by any lineal ascendant; hereinafter referred to as “youth without relatives”), persons eligible for protection in whose case housing assistance is being delayed even after they cease to receive protection at settlement support facilities under Article 11 (1) of the Act, and others.
(2) With respect to youths without relatives who cease to receive protection at settlement support facilities under Article 11 (1) of the Act, the Minister of Unification may defer housing assistance under Article 20 (1) of the Act and allow them to use community living facilities: Provided, That where an application is filed by youths without relatives, the Minister of Unification may provide housing assistance to him or her, if deemed necessary, based upon the age, living ability, etc. of the relevant youths without relatives.
(3)  The Minister of Unification may subsidize expenses needed for community living facilities to perform the following duties to the extent not overlapping with support by other institutions:
1. Provision of board and lodging;
2. Guidance for further education, supplementary education, and vocational training;
3. Support for mental and physical recovery, including counseling for psychological stability and social adaptation, and linkage with medical institutions;
4. Other duties deemed necessary by the Minister of Unification.
(4) With respect to operators of community living facilities who are recognized as in need of special assistance, in order to ensure that such operators are provided with assistance necessary to lease housing, the Minister of Unification may request cooperation from the managing bodies of the relevant housing, including the Minister of Land, Infrastructure and Transport, the heads of local governments, the chief executive officer of the Korea Land and Housing Corporation, and the presidents of local government-invested public corporations. In such cases, the managing bodies, in receipt of such request for cooperation, shall comply therewith unless there is a compelling reason not to do so. <Amended by Presidential Decree No. 24422, Mar. 23, 2013>
(5) Matters necessary for assisting the use of community living facilities, other than those under paragraphs (1) through (4), shall be determined by the Minister of Unification.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 39 (Standards for Providing Settlement Money and Reduction Thereof)
(1) The settlement money under the former part of Article 21 (1) of the Act shall be provided, based on the following categories of basic subsidies, additional subsidies, and incentives, within 200 times the monthly minimum wage under Article 5 of the Minimum Wage Act (hereafter in this Article referred to as “monthly minimum wage”): <Amended by Presidential Decree No. 27857, Feb. 13, 2017; Presidential Decree No. 29977, Jul. 16, 2019>
1. Basic subsidies shall be provided based on family units, and the amount of basic subsidies shall be determined in consideration of the number of family members, within 100 times the monthly minimum wage;
2. The amount of additional subsidies shall be determined within 50 times the monthly minimum wage, based upon the age, health status, working ability, raising of children or not, etc., of a person eligible for protection and his or her family members;
3. The amount of incentives shall be determined within 50 times the monthly minimum wage, based upon the completion of vocational training, acquisition of qualifications, period of employment, etc. of a person eligible for protection.
(2) Where it is deemed necessary for social adaptation of persons eligible for protection, the Minister of Unification may pay the settlement money under paragraph (1) in installments, as prescribed by Ordinance of the Ministry of Unification.
(3) The Minister of Unification may reduce basic subsidies within the scopes classified in the following subparagraphs underthe latter part of Article 21 (1) of the Act: <Newly Inserted by Presidential Decree No. 29977, Jul. 16, 2019>
1. In cases of holding not less than 150 million won of asset at the time of determination as a person eligible for protection: Within 50 percent of basic subsidies;
2. In cases of making a false statement or refusing to make a statement at the time of an examination under Article 7 (3): Within 50 percent of basic subsidies;
3. In cases of being determined as a person eligible for protection due to falling under any of the subparagraphs of Article 16 (2): Within 50 percent of basic subsidies;
4. In cases of committing any act falling under any of the following items, which impairs the safety of, or order in, a diplomatic mission abroad, provisional protection facility or settlement support facility: Within 30 percent of basic subsidies;
(a) Leaving, without permission, a diplomatic mission abroad, provisional protection facility or settlement support facility, or deliberately destructing or damaging any goods or data such as papers and documents;
(b) Assaulting or threatening a person who conducts affairs of protecting and supporting residents escaping from North Korea in a diplomatic mission abroad, provisional protection facility or settlement support facility.
(4) Where any person falls under two or more grounds for amount reduction under the subparagraphs of paragraphs (3) at the same time, the reduced amount shall be calculated by adding up the portions reduced due to each ground: Provided, That the total amount of reduction shall not exceed 1/2 of basic subsidies. <Newly Inserted by Presidential Decree No. 29977, Jul. 16, 2019>
(5) Where the Minister of Unification intends to reduce the amount of settlement money underthe latter part of Article 21 (1) of the Act, the Minister shall notify such fact to the relevant person eligible for protection and give such person an opportunity for presenting his or her opinion orally or in writing. <Newly Inserted by Presidential Decree No. 29977, Jul. 16, 2019>
(6) Detailed standards for paying and reducing settlement money and procedures therefor under paragraphs (1) through (5), and other necessary matters shall be determined by the Minister of Unification, after deliberation by the Consultative Council. <Amended by Presidential Decree No. 29977, Jul. 16, 2019>
(7) Where any such ground for paying additional subsidies or incentives as prescribed by Ordinance of the Ministry of Unification occurs to a person eligible for protection, the Minister of Unification may pay such subsidies or incentives. <Amended by Presidential Decree No. 25769, Nov. 24, 2014; Presidential Decree No. 29977, Jul. 16, 2019>
(8) A person who intends to receive additional subsidies or incentives under paragraph (7) shall apply for their payment by submitting an application for payment of additional subsidies or an application for payment of incentives, together with the documents prescribed by Ordinance of the Ministry of Unification. <Amended by Presidential Decree No. 29977, Jul. 16, 2019>
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 40 (Standards for Paying Due Compensation)
(1) Due compensation under Article 21 (2) of the Act may be paid according to the following classifications, depending on information that a person eligible for protection has provided for national interests or the type of equipment (including goods) they have brought, within 500 million won: <Amended by Presidential Decree No. 28015, May 8, 2017>
1. Information valuable for national security: Up to 500 million won;
2. Warships and fighter-bombers: Up to 500 million won;
3. Tanks, guided weapons, and other airplanes: Up to 300 million won;
4. Weapons such as guns, machine guns and rifles: Up to 50 million won;
5. Goods: Their market values.
(2) Notwithstanding paragraph (1), where the Minister of Unification deems it necessary taking into account the level of contribution made by relevant information or equipment to national security and the formulation and determination of unification policies, he or she may pay due compensation in an amount not exceeding 1 billion won. In such cases, the Minister of Unification shall consult with the Minister of National Defense and the Director of the National Intelligence Service before paying out the same. <Newly Inserted by Presidential Decree No. 28015, May 8, 2017>
(3) The specific amount of due compensation under paragraphs (1) and (2) and other necessary matters shall be determined by the Minister of Unification after deliberation by the Consultative Council.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 40-2 (Persons Eligible for Support for Formation of Settlement Assets and Provision of Grants)
(1)  With respect to a person eligible for protection for whom the following requirements are satisfied, the Minister of Unification may select such person as a recipient of support, to gather assets for settlement under Article 21-2 (1) of the Act, based upon his or her employment status, purpose of asset formation, amount of assets to be formed, etc.: Provided, That in applying subparagraph 1, where a person eligible for protection gives childbirth or provides obligatory military service, or any other relevant ground arises during a period of protection at the place of residence, such person may be selected as a recipient of support for a period determined by the Minister of Unification within two years from the expiration of the period of protection at the place of residence:
1. It must be within a period of protection at the place of residence under Article 5 (3) of the Act;
2. He or she must have been employed for at least three months as at the time when six months have passed from the date he or she initially moved into the place of his or her residence.
(2) A person eligible for protection selected as a recipient of support for formation of assets for settlement underparagraph (1) (hereafter in this Article referred to as “person eligible for support for formation of settlement assets”) shall deposit some of his or her monthly income for any of the following purposes, in an account opened with an institution entrusted with business affairs related to the accumulation of funds for establishing settlement assets under Article 49 (5): <Amended by Presidential Decree No. 29977, Jul. 16, 2019>
1. Funds for purchasing or leasing a house;
2. Funds for education or technical training of the person eligible for protection himself or herself or his or her children;
3. Funds for business start-up or operation;
4. Other purposes determined and publicly notified by the Minister of Unification.
(3) For the purpose of assisting a person eligible for support for formation of settlement assets, the Minister of Unification shall deposit the same amount as the monthly reserve under paragraph (2) each month, as determined and publicly notified by the Minister of Unification.
(4) The period of assisting a person eligible for support for formation of settlement assets shall be two years: Provided, That where a person eligible for support for formation of settlement assets applies for additional support within a period of protection at the place of residence under Article 5 (3) of the Act (where selection as a person eligible for support for formation of settlement assets can be made under the proviso to paragraph (1), it means the relevant period) after the expiration of the period of such assistance, the Minister of Unification may extend such period by up to two times by one year each time.
(5) Where the period of assistance under paragraph (4) expires, the Minister of Unification may pay grants reserved underparagraph (3) to a person eligible for support for formation of settlement assets.
(6) Notwithstanding paragraph (5), where a person eligible for support for formation of settlement assets falls under any of the following, the Minister of Unification may not pay grants under paragraph (5) or recover the amount of grants already paid: <Amended by Presidential Decree No. 28015, May 8, 2017>
1. Where he or she is a recipient of livelihood benefits defined in Article 7 (1) 1 of the National Basic Living Security Act as at the time the period of assistance expires;
2. Where the deposit has been made using money other than the earned income of the relevant person eligible for support for formation of settlement assets;
3. Where grants paid under paragraph (5) have been used for any purpose other than those under the subparagraphs of paragraph (2);
4. Where he or she has not received education under paragraph (7).
(7) The Minister of Unification may provide a person eligible for support for formation of settlement assets with education on debt management, asset management, credit management, financial planning, and so forth, during the period of assistance under paragraph (4).
(8) Detailed matters necessary for the application and selection procedures for a person eligible for support for formation of settlement assets, methods for opening an account, amount to be reserved, scope for using reserved funds, methods for paying or recovering grants, methods for providing education, etc. provided for in paragraphs (1), (2), and (4) through (7) shall be determined and publicly notified by the Minister of Unification.
[This Article Newly Inserted by Presidential Decree No. 25769, Nov. 24, 2014]
 Article 41 (Fact-Finding Surveys)
(1) The Minister of Unification shall conduct a fact-finding survey necessary for protecting and supporting residents escaping from North Korea who are staying overseas, and reflect the outcomes thereof in the relevant policies.
(2) For the purpose of providing protection at the place of residence in accordance with Article 22 (1) of the Act, the Minister of Unification may require his or her officials to examine relevant matters.
(3) Any public official who administers an examination under paragraph (2) shall present identification indicating his or her authority to the relevant persons.
(4) The Minister of Unification shall prepare and manage the registry for protection at the place of residence, which shall include matters examined under paragraph (2), for five years from the date the relevant person initially moves into his or her place of residence.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 41-2 (Guidance for Living at Place of Residence)
In order to support persons eligible for protection by protecting their personal safety until they arrive at the place of residence from a settlement support facility, providing guidance for living at the place of residence, and so forth, the Minister of Unification may designate and utilize volunteers (hereinafter referred to as “settlement helpers”).
[This Article Newly Inserted by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 42 (Protection of Personal Safety at Place of Residence)
(1) Upon receipt of a request for personal protection under Article 22-2 (1) of the Act, the Minister of National Defense or the Commissioner General of the Korean National Police Agency shall, where he or she provides personal protection, endeavor to protect the human rights of the relevant person eligible for protection.
(2) Where a person eligible for protection who is under protection in a settlement support facility under the proviso to Article 10 (1) of the Act intends to move from such facility into his or her place of residence, the Director of the National Intelligence Service shall inform the Minister of Unification of such fact.
(3) The Minister of Unification may request cooperation of the Minister of National Defense or the Commissioner General of the Korean National Police Agency to confirm the intention of a person eligible for protection under the proviso to Article 22-2 (3) of the Act. In such cases, the Minister or Commissioner General in receipt of the request for cooperation shall provide cooperation.
(4) In cases of intending to confirm the intention of a person eligible for protection underthe proviso to Article 22-2 (3) of the Act, the Minister of Unification shall, except in extenuating circumstances such as unknown whereabouts of such person, confirm the intention of the person in writing before the period of personal protection expires.
(5) The extension period of personal protection under the proviso to Article 22-2 (3) of the Act shall not exceed five years at each time of extension.
[This Article Wholly Amended by Presidential Decree No. 29977, Jul. 16, 2019]
 Article 42-2 (Establishment and Operation of Regional Consultative Council for Supporting Residents Escaping from North Korea)
(1) For the purpose of providing protection at the place of residence as under Article 22 (1) of the Act, the Minister of Unification may establish and operate a regional consultative council for supporting residents escaping from North Korea within the competent local government having jurisdiction over the place of residence of a person eligible for protection (hereinafter referred to as “regional consultative council”).
(2) A regional consultative council may be comprised of public officials in charge of protection of personal safety under Article 42, public officials belonging to the employment centers of the Ministry of Employment and Labor, and related persons from the Foundation of Support for Residents Escaping from North Korea provided for in Article 30 of the Act, religious organizations, private organizations, corporations, etc.
(3) Detailed matters necessary for establishing and operating a regional consultative council and other related matters shall be determined by the Minister of Unification.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 43 (Obligations to Report)
In accordance with Article 23 of the Act, the head of a local government shall report details of the registry for protection at the place of residence under Article 41 (4) to the Minister of Unification via the Minister of the Interior and Safety, semi-annually, for five years from the date of initial taking occupancy of first residence. <Amended by Presidential Decree No. 24422, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27857, Feb. 13, 2017; Presidential Decree No. 28211, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 44 (Support for Admission to Schools)
(1)  With respect to admission or transfer (limited to where persons eligible for protection apply for transfer to schools of various levels by obtaining accreditation of his or her academic background as under Article 13 of the Act; hereinafter the same shall apply) of persons eligible for protection to schools of various levels in the Republic of Korea, the standards under the statutes and regulations related to education shall apply.
(2)  With respect to persons eligible for protection seeking admission or transfer under paragraph (1), the Minister of Unification may provide preparatory or supplementary learning courses for such admission or transfer, in cooperation with the Minister of Education. <Amended by Presidential Decree No. 24422, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 45 (Persons Eligible for Educational Support)
Educational support under Article 24 (1) of the Act shall be limited to any of the following persons eligible for protection: Provided, That in cases of persons falling under subparagraph 2 or 3, the same shall apply only where persons eligible for protection enter or transfer to schools during a period of protection at the place of residence under Article 5 (3) of the Act or within five years of obtaining accreditation of his or her graduation from high school or academic background equivalent thereto or higher: <Amended by Presidential Decree No. 25769, Nov. 24, 2014>
1. Persons who enter or transfer to any of the schools defined in subparagraphs 2 through 6 of Article 2 of the Elementary and Secondary Education Act at an age less than 25;
2. Persons who enter or transfer to any of the colleges defined in subparagraph 1 or 3 of Article 2 of the Higher Education Act at an age less than 35;
3. Persons who enter or transfer to any of the following educational institutions:
(a) Schools defined in subparagraphs 2 and 4 through 7 of Article 2 of the Higher Education Act;
(b) Lifelong educational establishments recognized for granting credits or academic degrees underthe Lifelong Education Act;
(c) Education and training institutes that operate the courses of study assessed and certified underthe Act on Recognition of Credits, Etc.;
(d) Polytechnic colleges that operate degree courses in compliance with the Act on the Development of Vocational Skills of Workers.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 45-2 (Support to Schools)
(1) In accordance with Article 24 (2) of the Act, the Minister of Unification may subsidize expenses incurred in operating any of the following schools (hereinafter referred to as “schools, etc.”) to the extent not overlapping with support by related institutions: <Amended by Presidential Decree No. 25158, Feb. 11, 2014>
1. Schools that operate special adaptation training programs for residents escaping from North Korea, among the schools defined in the subparagraphs of Article 2 of the Elementary and Secondary Education Act;
2. Schools that provide preparatory or supplementary learning courses under Article 44 (2) for residents escaping from North Korea or their children, among schools other than those defined in the subparagraphs of Article 2 of the Elementary and Secondary Education Act.
(2) The head of an institution that operates a school, etc. shall report the outcomes of operating schools, etc. to the Minister of Unification on a quarterly basis, and the Minister of Unification shall administer and supervise to ensure that a school, etc. is operated in compliance with the purpose of support.
(3)  The Minister of Unification may suspend providing support when it is deemed inappropriate for support to be continued since the execution of budget by schools, etc. fails to comply with the objective of support or the provision of support has resulted in poor performance only.
(4)  Matters necessary for providing support to schools, etc., other than those under paragraphs (1) through (3), shall be determined by the Minister of Unification.
[This Article Newly Inserted by Presidential Decree No. 21658, Jul. 31, 2009]
 Article 46 (Standards for Educational Support) 
(1) In cases of persons falling under subparagraph 1 of Article 45, the payment of the entrance fees, tuition fees, school operation support funds, dormitory fees, etc. of schools defined in subparagraphs 1 through 5 of Article 2 of the Elementary and Secondary Education Act shall be exempted. <Amended by Presidential Decree No. 25769, Nov. 24, 2014>
(2) The Minister of Unification may partially subsidize the living expenses of persons who enter or transfer to high schools tailored to industrial demand under Article 90 (1) 10 of the Enforcement Decree of the Elementary and Secondary Education Act or specialized high schools under Article 91 (1) of the same Enforcement Decree (excluding high schools specialized in experience-oriented education, such as field training in nature). <Newly Inserted by Presidential Decree No. 25769, Nov. 24, 2014>
(3)  In cases of persons who enter or transfer to national or public educational institutions falling under subparagraph 2 or 3 of Article 45, the payment of entrance fees, tuition fees, dues for school supporting association, etc. shall be exempted. <Amended by Presidential Decree No. 25769, Nov. 24, 2014>
(4)  With respect to persons who enter or transfer to private educational institutions falling under subparagraph 2 or 3 of Article 45, the Minister of Unification shall subsidize half the amount of entrance fees, tuition fees, etc.: Provided, That the Minister of Unification may not provide subsidies after taking into account the school performance, attitude, etc. of the relevant person eligible for protection. <Amended by Presidential Decree No. 25769, Nov. 24, 2014>
(5)  The support under paragraphs (3) and (4) shall be provided for up to eight semesters within six years from the date the relevant person eligible for protection enters or transfers to a school for the first time (it shall be up to 12 semesters within the period of eight years in cases of medical, dental, pharmaceutical, veterinary medicine, and oriental medicine schools). <Amended by Presidential Decree No. 25769, Nov. 24, 2014>
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 47 (Procedures for Providing Educational Support) 
(1) A person eligible for protection who wishes to obtain educational support under Article 24 of the Act shall submit an application for educational support to the Minister of Education.
(2) Where the Minister of Unification receives the application under paragraph (1), he or she shall determine whether to provide support and notify the result of his or her determination to the relevant applicant within 10 days from the date such application is received. <Amended by Presidential Decree No. 25769, Nov. 24, 2014>
(3) The methods and procedures for providing educational support and other necessary matters shall be prescribed by Ordinance of the Ministry of Unification.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 47-2 (Period for Education of Preparatory Schools)
(1) The period for education of a preparatory school defined in Article 24-2 (2) of the Act shall be up to one year from the date the relevant person starts receiving basic education at a settlement support facility.
(2) A person entitled to enter a preparatory school shall be the one aged at least six years but not more than 24 years who wishes to enter a preparatory school, among residents escaping from North Korea who are receiving, or have completed, basic education at a settlement support facility. <Amended by Presidential Decree No. 25769, Nov. 24, 2014>
(3) Matters necessary for the methods and procedures for entering preparatory schools shall be determined by the heads of settlement support facilities.
[This Article Newly Inserted by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 47-3 (Education Programs of Preparatory Schools)
A preparatory school shall operate the following programs:
1. Academic aptitude diagnosis, and vocational guidance and further education;
2. Support for transfer admission, including accreditation of academic background, etc. under Article 13 of the Act;
3. Preparatory or supplementary learning under Article 44 (2);
4. Education for adaptation to schools and social life through psychological diagnosis, counseling, etc.
[This Article Newly Inserted by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 47-4 (Appointment of Teachers of Preparatory Schools)
(1) For the purposes of educational operation of preparatory schools, the Minister of Unification shall appoint persons who meet the qualification requirements described in Article 21 (2) of the Elementary and Secondary Education Act as teachers.
(2) Where it is necessary for educational operation of preparatory schools, the Minister of Unification may request the Minister of Education to dispatch teachers. <Amended by Presidential Decree No. 24422, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 47-5 (Scope of Persons Eligible for Support for Insurance Premium Payment and Scope of Support)
The scope of persons eligible for protection and the scope of the support for insurance premium payment under Article 25 (3) of the Act shall be as follows:
1. Persons eligible for protection: The insured of the health insurance under Article 5 (1) of the National Health Insurance Act among the persons eligible for protection who are provided with protection at the place of residence under Article 5 (3) of the Act: Provided, That this shall not apply to persons whose average monthly household income for the relevant year is at least the average monthly income per household of urban workers for the preceding year according to the designated statistics publicly notified by the Commissioner of the Statistics Korea under Article 17 (3) of the Statistics Act;
2. Insurance contributions: 50/100 of insurance contributions under Article 69 of the National Health Insurance Act (where the amount of insurance contributions is reduced under Article 75 (1) of the same Act, it means the amount of insurance contributions after the reduction).
[This Article Newly Inserted by Presidential Decree No. 25158, Feb. 11, 2014]
 Article 47-6 (Support for Livelihood)
In accordance with Article 26-3 of the Act, the State, local governments, or other public organizations may allow or entrust the establishment of convenience businesses or facilities within public facilities under their jurisdiction through a free contract. In such cases, they shall accord preferential consideration to any of the following persons eligible for protection:
1. Persons with disabilities;
2. One-parent family;
3. Patients who require treatment for at least six months;
4. People aged at least 55 years who are living in poverty.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 48 (Grounds for Alteration of Protection)
“Grounds prescribed by Presidential Decree” under Article 27 (1) 6 of the Act means any of the following cases: <Amended by Presidential Decree No. 25769, Nov. 24, 2014>
1. Where a person eligible for protection has been specially appointed as a public official of Grade V, public official in general service belonging to the Senior Executive Service, or field-grade officer;
2. Where a person eligible for protection has been employed in professions such as a professor and researcher, or his or her professional qualifications as those as a doctor, have been recognized;
3. Where the amount of assets acquired by a person eligible for protection, including due compensation provided for in Article 40, is at least 300 million won;
4. Where it is ascertained that a person eligible for protection has applied for asylum in a third country;
5. Where a person eligible for protection has received, or attempted to receive, protection and support under the Act or this Decree by fraud or other improper means;
6. Where a person eligible for protection has helped, or attempted to help, another person to receive protection and support under the Act or this Decree by fraud or other improper means;
7. Where a person eligible for protection has engaged in conduct that has caused serious harm to national security.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 48-2 (Establishment and Organization of Foundation of Support for Residents Escaping from North Korea)
(1) Directors of the Foundation of Support for Residents Escaping from North Korea (hereinafter referred to as the “Foundation”) under Article 30 of the Act shall be appointed by the Minister of Unification on the recommendation of its chief director: Provided, That this shall not apply to ex officio directors determined by the articles of association of the Foundation.
(2) An auditor shall be appointed by the Minister of Unification.
(3)  The chief director shall appoint up to three full-time directors from among the directors, in consultation with the Minister of Unification.
(4) Employees of the Foundation shall be appointed by the chief director, as prescribed by the articles of association.
(5) Where it is deemed necessary for achieving its purposes, the Foundation may request via the Minister of Unification that relevant administrative agencies or public institutions dispatch public officials, executive officers, employees, etc., and the heads of relevant administrative agencies or public institutions, in receipt of such request, may dispatch his or her public officials, executive officers, employees, etc., to the Foundation.
[This Article Newly Inserted by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 48-3 (Operation of Foundation)
(1) Where the Foundation intends to establish or amend its articles of association or by-laws concerning any of the following matters, it shall obtain approval from the Minister of Unification:
1. Matters related to the organization and personnel of the Foundation;
2. Matters related to the remuneration and service of executive officers and employees;
3. Matters related to operating and managing funds;
4. Other important matters related to operating the Foundation.
(2)  Matters necessary for managing the provision and execution of contributions or subsidies provided for in Article 30 (7) of the Act shall be determined by the Minister of Unification.
[This Article Newly Inserted by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 48-4 (Direction and Supervision over Foundation)
In accordance with Article 30 (12) of the Act, the Minister of Unification may require the Foundation to report matters necessary for its duties, accounting, or property or have his or her officials inspect documents, articles, etc. of the Foundation; when it is deemed necessary, the Minister of Unification may issue a corrective order to the Foundation or take other necessary measures.
[This Article Newly Inserted by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 49 (Delegation and Entrustment of Authority or Affairs)
(1) The Minister of Unification shall delegate affairs of permission for terminating a lease contract under Article 20 (2) of the Act to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu (referring to the head of an autonomous Gu), under Article 31 (1) of the Act. <Newly Inserted by Presidential Decree No. 29977, Jul. 16, 2019>
(2) The Minister of Unification shall delegate the following affairs of providing protection at the place of residence under Article 22 of the Act to the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors, or the Special Self-Governing Province Governor, under Article 31 (1) of the Act: <Amended by Presidential Decree No. 25158, Feb. 11, 2014; Presidential Decree No. 29977, Jul. 16, 2019>
1. Matters concerning the examination and the preparation and management of the registry for protection at the place of residence under Article 41 (2) and (4);
2. Matters concerning the establishment, operation, etc. of a regional consultative council under Article 42-2;
3. Matters concerning supporting the integration of persons eligible for protection into local communities, including the provision, etc. of various kinds of information and data related to local communities;
4. Matters concerning the linkage with social welfare service organizations in local communities;
5. Other matters related to self-support and settlement at the place of residence.
(3) The Minister of Unification shall entrust the following affairs to the Minister of Employment and Labor under Article 31 (2) of the Act: <Amended by Presidential Decree No. 29977, Jul. 16, 2019>
1. Provision of vocational training (excluding vocational training provided at settlement support facilities) under Article 32;
2. Payment of training allowances under Article 32-2;
3. Vocational guidance under Article 33;
4. Receipt of applications for employment, and employment arrangement service under Article 35.
(4) The Minister of Unification shall entrust the following projects to the Foundation under Article 31 (2) of the Act: <Amended by Presidential Decree No. 25158, Feb. 11, 2014; Presidential Decree No. 25313, Apr. 21, 2014; Presidential Decree No. 29397, Dec. 24, 2018; Presidential Decree No. 29977, Jul. 16, 2019>
1. The following projects related to the operation of local adaptation centers under Article 15-2 of the Act:
(a) Development and dissemination of programs and work manuals for local adaptation centers;
(b) Supplementary education for employees of local adaptation centers;
(c) Check-up of actual status of operation of, and security in, local adaptation centers;
2. Fact-finding survey provided for in Article 22 (3) of the Act;
3. Operation of a professional counsellor program under Article 22-3 of the Act;
4. Related projects such as fosterage, etc. of experts to provide education to persons eligible for protection under Article 24 (3) of the Act;
4-2. Affairs concerning subsidizing insurance premiums under Article 25 (2) of the Act;
5. Support for farming settlement under Article 35-4 (1);
6. Projects for supporting the operation of communal living facilities under Article 38-2 (1) through (3);
7. Project for supporting the activities of organizations of residents escaping from North Korea to support their settlement;
8. Project for paying additional subsidies (excluding additional subsidies determined in consideration of age) under Article 39 (1) 2;
8-2. Project concerning the selection of persons eligible for support for formation of settlement assets, and the provision of supporting grants under Article 40-2 (1), and (3) through (7);
9. Subsidization of expenses to schools, etc. under Article 45-2;
10. Project for subsidizing entrance fees, tuition fees, etc. under Article 46 (4);
11. Determination on whether to provide educational support under Article 47 (2).
(5) The Minister of Unification shall, under Article 31 (2) of the Act, entrust projects related to accumulating funds for supporting the formation of settlement assets under Article 21-2 of the Act and Article 40-2 of this Decree to the institutions determined by the Minister from among the institutions that conduct financial businesses under any of the following Acts: the Banking Act; the Financial Investment Services and Capital Markets Act; the Insurance Business Act; the Mutual Savings Banks Act; the Credit Unions Act. <Newly Inserted by Presidential Decree No. 25769, Nov. 24, 2014; Presidential Decree No. 29977, Jul. 16, 2019>
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 49-2 (Management of Personally Identifiable Information)
(1)  The Minister of Unification (including a person to whom his or her duties have been delegated or entrusted under Article 49), the Director of the National Intelligence Service or the head of a related administrative agency where any member of the Consultative Council on Residents Escaping from North Korea belongs under Article 6 of the Act may manage data containing resident registration numbers or passport numbers under subparagraph 1 or 2 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if essential to conduct the following: <Amended by Presidential Decree No. 25769, Nov. 24, 2014; Presidential Decree No. 29977, Jul. 16, 2019>
1. Affairs concerning examination under Article 7 (3) of the Act;
1-2. Affairs concerning the management and preservation of the Registry under Article 12 of the Act;
2. Affairs concerning accrediting academic background under Article 13 of the Act and Article 27 of this Decree;
3. Affairs concerning employment protection, etc. under Article 17 of the Act and Article 35 of this Decree;
4. Affairs concerning special cases concerning divorce under Article 19-2 of the Act;
5. Affairs concerning accommodation support, etc. under Article 20 of the Act and Articles 38 and 38-2 of this Decree;
6. Affairs concerning providing settlement money under Article 21 of the Act, or goods of value equivalent thereto;
6-2. Affairs concerning supporting the formation of settlement assets under Article 21-2 of the Act;
7. Affairs concerning providing protection at the place of residence under Article 22 of the Act;
7-2. Affairs concerning personal protection at the place of residence under Article 22-2 of the Act and Article 42 of this Decree;
8. Affairs concerning educational support under Article 24 of the Act;
9. Affairs concerning altering protection under Article 27 of the Act;
10. Deleted; <by Presidential Decree No. 25769, Nov. 24, 2014>
11. Affairs concerning direction, supervision, etc. over the Foundation under Article 48-4.
(2)  The Foundation may manage data containing resident registration numbers or passport numbers under subparagraph 1 or 2 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if unavoidable, to conduct the projects specified in the subparagraphs of Article 30 (4) of the Act. <Amended by Presidential Decree No. 25158, Feb. 11, 2014>
(3)  Any institution, organization, or facility entrusted with local adaptation education under Article 30 (5) may manage data containing resident registration numbers or passport numbers under subparagraph 1 or 2 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if unavoidable, to provide local adaptation education. <Newly Inserted by Presidential Decree No. 25158, Feb. 11, 2014>
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
 Article 50 (Application for Objection)
(1) In receipt of an application for objection under Article 32 of the Act, the Minister of Unification shall send a copy thereof to the Director of the National Intelligence Service without delay.
(2)  The Minister of Unification shall notify the outcomes of the application for objection under Article 32 of the Act, to the relevant applicant within 60 days from the date he or she receives such application. In such cases, where 60 days have elapsed from the date of receiving the application, the relevant application for objection shall be deemed accepted.
[This Article Wholly Amended by Presidential Decree No. 22406, Sep. 27, 2010]
 Article 51 Deleted. <by Presidential Decree No. 29421, Dec. 24, 2018>
ADDENDA
(1) (Enforcement Date) This Decree shall enter into force on July 14, 1997.
(2) (Repeal of Other Statutes and Regulations) The Enforcement Decree of the Act on the Protection of North Korean Repatriates shall be repealed.
(3) Omitted.
ADDENDA <Presidential Decree No. 15967, Dec. 31, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 1999.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 15984, Dec. 31, 1998>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 16211, Mar. 31, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 16326, May 24, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 16695, Jan. 28, 2000>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 17115, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 17620, Jun. 3, 2002>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18146, Nov. 29, 2003>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 30, 2003. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 18601, Dec. 18, 2004>
(1) (Enforcement Date) This Decree shall enter into force on January 1, 2005.
(2) (Transitional Measures concerning Standards for Providing Settlement Money) Notwithstanding the amended provisions of Article 39, the former provisons shall apply to persons who enter the Republic of Korea in accordance with the procedures under the Immigration Act, as at the time this Decree enters into force, and for whom protection is determined to be provided after this Decree enters into force as well as persons for whom protection is determined to be provided as at the time this Decree enters into force.
(3) Deleted. <by Presidential Decree No. 20117, Jun. 28, 2007>
ADDENDA <Presidential Decree No. 18911, Jun. 30, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2005.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20117, Jun. 28, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Committee for Examining Accreditation of Qualifications)
A committee established to examine whether to grant accreditation of qualifications of persons eligible for protection within an institution in charge of duties related to accreditation of qualifications as at the time this Decree enters into force shall be deemed a committee for examining accreditation of qualifications established under the amended provisions of Article 28 (4).
ADDENDA <Presidential Decree No. 20721, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20797, Jun. 5, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21087, Oct. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, that Article 10 shall enter into force on November 1, 2008, Articles 24 through 26 on January 1, 2010, Article 29 on July 1, 2009, and Article 48 on January 1, 2013.
Article 2 (Transitional Measures concerning Amendment of the Decree on Disciplinary Actions against Public Officials)
(1)  The Central Disciplinary Committee 1 and Central Disciplinary Committee 2 established under the former provisions of the Decree on Disciplinary Action against Public Officials as at the time this Decree enters into force, shall be deemed the Central Disciplinary Committee established under this Decree.
(2)  A request for disciplinary decision received by the Central Disciplinary Committee 1 or Central Disciplinary Committee 2 under the former provisions of the Decree on Disciplinary Action against Public Officials as at the time this Decree enters into force, shall be deemed to have been received by the Central Disciplinary Committee established under this Decree.
(3)  A determination by the Central Disciplinary Committee 1 or Central Disciplinary Committee 2 established under the former provisions of the Decree on Disciplinary Action against Public Officials as at the time this Decree enters into force shall be deemed a determination by the Central Disciplinary Committee established under this Decree.
(4)  Any member of the Central Disciplinary Committee 2 established under the former provisions of the Decree on Disciplinary Action against Public Officials as at the time this Decree enters into force shall be deemed appointed or commissioned as a member of the Central Disciplinary Committee under this Decree.
Article 3 (Transitional Measures concerning Amendment of the Enforcement Decree of the Framework Act on Logistics Policies)
Any measure taken by the Minister of Land, Transport and Maritime Affairs under the former provisions of the Enforcement Decree of the Framework Act on Logistics Policies after deliberation and resolution by the Committee for Qualification Examination for Logistics Administrators as at the time this Decree enters into force shall be deemed taken by the Minister of Land, Transport and Maritime Affairs under this Decree.
Article 4 Omitted.
ADDENDA <Presidential Decree No. 21658, Jul. 31, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 1-2 shall enter into force on January 31, 2010.
Article 2 (Transitional Measures)
In any of the following cases, notwithstanding the amended provisions of Article 34-2 (1), a person eligible for protection shall be deemed to have been employed during a period of protection at the place of residence for the first time:
1. Where a person eligible for protection, for whom the protection at the place of residence has been terminated, is employed for the first time by July 31, 2010;
2. Where a person eligible for protection, in whose case the first four years of the period of protection at the place of residence have elapsed, is employed after the period of protection at the place of residence expires for the first time by July 31, 2010.
ADDENDA <Presidential Decree No. 21744, Sep. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2009.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21835, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22406, Sep. 27, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Educational Support)
The amended provisions of Article 46 shall also apply to persons eligible for protection who enter or transfer to schools before this Decree enters into force.
Article 3 (Special Cases concerning Appointment of Directors)
Notwithstanding the amended provisions of Article 48-2 (1), directors when the Foundation is initially established shall be appointed by the Minister of Unification without recommendation by the chief director.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24422, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25158, Feb. 11, 2014>
This Decree shall enter into force on February 14, 2014.
ADDENDUM <Presidential Decree No. 25313, Apr. 21, 2014>
This Decree shall enter into force on April 22, 2014.
ADDENDA <Presidential Decree No. 25483, Jul. 16, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to any Presidential Decree, which are promulgated before this Decree enters into force and are to be amended under Article 5 of the Addenda, and the date on which they enter into force has yet to arrive, shall enter into force on the date such Presidential Decree enters into force.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25769, Nov. 24, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 29, 2014.
Article 2 (Applicability to Support for Formation of Assets for Settlement)
The amended provisions of Article 40-2 shall begin to apply from the first person who enters the Republic of Korea in accordance with the procedures set forth in the Immigration Act after this Decree enters into force and for whom protection is determined to be provided under Article 8 of the Act.
Article 3 (Transitional Measures concerning Standards for Providing Settlement Money)
Notwithstanding the amended provisions of Article 39 (4), the former provisions shall apply to persons for whom a period of protection at the place of residence is terminated as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 26763, Dec. 28, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 29, 2015.
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 27444, Aug. 11, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 12, 2016.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 27857, Feb. 13, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Standards for Paying Additional Subsidies)
The amended provisions of Article 39 (1) 2 shall begin to apply from a person who emerges from protection at settlement support facilities prescribed in Article 11 of the Act after this Decree enters into force.
ADDENDA <Presidential Decree No. 28015, May 8, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Standards for Paying Due Compensation)
Notwithstanding the amended provisions of Article 40, the former provisions shall apply to standards for paying due compensation where causes for granting due compensation occur before this Decree enters into force.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among the Presidential Decrees amended in accordance with Article 8 of the Addenda, amendments to Presidential Decrees, which were promulgated before this Decree enters into force, and the dates on which they are to enter into force have yet to arrive, shall enter into force on the enforcement dates of the respective Decrees.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28659, Feb. 20, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Period of Measures for Protecting Personal Safety of Applicant for Protection and of Examination)
The amended provisions of Article 12 (2) shall begin to apply from an applicant for protection who enters the Republic of Korea after this Decree enters into force.
ADDENDA <Presidential Decree No. 29114, Aug. 21, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2018.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 29397, Dec. 24, 2018>
This Decree shall enter into force on January 1, 2019.
ADDENDUM <Presidential Decree No. 29421, Dec. 24, 2018>
This Decree shall enter into force on January 1, 2019.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 29977, Jul. 16, 2019>
This Decree shall enter into force on July 16, 2019.