CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to provide for matters necessary for the prevention and management of lonely deaths, and thereby prevent personal and social damage caused by lonely deaths and contribute to the advancement of the welfare of the people.
In this Act, the term “lonely death” means that any person who has lived alone, disconnected from family, relatives and neighbors, dies alone from suicide, disease, etc. and his or her corpse is discovered after a certain period of time.
| Article 3 (Rights and Obligations of Citizens) |
| (1) | Every citizen shall have the right to request help from the State and a local government, when he or she is considered to be exposed to, or likely to be exposed to the risk of lonely death. |
| (2) | Every citizen shall actively cooperate with the policies for preventing lonely deaths developed and implemented by the State and a local government and, if he or she finds a person considered to be exposed to, or likely to be exposed to, the risk of lonely death (hereinafter referred to as “person at risk of facing a lonely death”), take measures that would enable such person to receive adequate assistance. |
| Article 4 (Responsibilities of the State and Local Governments) |
| (1) | The State and local governments shall develop necessary policies to actively protect persons at risk of facing a lonely death against the risk of such lonely death. |
| (2) | The State and local governments shall develop and implement phased policies necessary for each step, including investigations of the current status of lonely deaths, and preventing and responding to lonely deaths. |
| Article 5 (Relationship to Other Statutes) |
Unless otherwise provided in other statutes, the prevention of lonely deaths and the development, implementation, etc. of policies therefor shall be governed by this Act.
CHAPTER II FORMULATION OF MASTER PLAN
| Article 6 (Formulation of Master Plan for Prevention of Lonely Deaths) |
| (1) | The Minister of Health and Welfare shall, every five years, formulate and implement a master plan for prevention of lonely deaths (hereinafter referred to as “master plan”) to promote the systematic implementation of policies for the prevention of lonely deaths, in consultation with the heads of the relevant central administrative agencies. |
| (2) | A master plan shall include the following information: |
| 1. | Objectives and basic directions for promoting policies for the prevention of lonely deaths; |
| 2. | Matters on the systems for promoting policies for the prevention of lonely deaths; |
| 3. | Matters on the creation of a social environment to prevent lonely deaths; |
| 4. | Matters on investigations of the actual conditions, including the situation of the occurrence of lonely deaths; |
| 5. | Preventative measures and assistance plans for each of the lifecycle stages, such as the young, middle-aged, and elderly; |
| 6. | Early discovery of persons at risk of facing a lonely death and establishment of a support system; |
| 7. | Education on the prevention of lonely deaths; |
| 8. | Investigations and research relating to the prevention of lonely deaths; |
| 9. | Matters on the regional supply and demand for professionals relating to the prevention of lonely deaths, and their labor conditions; |
| 10. | Matters on the amount of money required to promote the master plan, identification of funding sources, and their apportionment; |
| 11. | Other matters deemed necessary to prevent lonely deaths. |
| (3) | When the Minister of Health and Welfare has formulated a master plan in accordance with paragraph (1), he or she shall notify the heads of the relevant central administrative agencies, and the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, and the Special Self-Governing Province Governor (hereinafter referred to as the “Mayor/Do Governor”) of the plan, without delay. |
| Article 7 (Formulation and Implementation of Annual Implementation Plan) |
| (1) | The Minister of Health and Welfare, the head of a relevant central administrative agency, and the Mayor/Do Governor shall each year formulate and implement an annual implementation plan (hereinafter referred to as “implementation plan”) in accordance with the master plan. |
| (2) | The head of a relevant central administrative agency and the Mayor/Do Governor shall each year submit the implementation plan for the following year and the progress made in the implementation of the previous year’s plan to the Minister of Health and Welfare, as prescribed by Presidential Decree, and the Minister of Health and Welfare shall assess the progress submitted as such each year. |
| (3) | Matters necessary for the formulation and implementation of an implementation plan and the assessment of its progress shall be prescribed by Presidential Decree. |
| Article 8 (Reporting to the National Assembly) |
The Minister of Health and Welfare shall make a report of the master plan or implementation plan formulated under Article 6 (1) or 7 (1) and the progress of the implementation assessed under Article 7 (2) to the competent standing committee of the National Assembly, without delay.
| Article 9 (Cooperation for Formulation of Plans) |
| (1) | The Minister of Health and Welfare, the head of a relevant central administrative agency, and the Mayor/Do Governor may request necessary cooperation including submission of information or data, from relevant central administrative agencies, local governments, relevant public institutions, and other organizations engaged in activities designed to prevent lonely deaths, if necessary to formulate or implement a master plan or implementation plan, or assess the progress of its implementation. |
| (2) | Any person receiving a request for cooperation under paragraph (1) shall comply with it in the absence of good cause. |
CHAPTER III MEASURES FOR PREVENTING LONELY DEATHS
| Article 10 (Investigation of Actual Conditions of Lonely Deaths) |
| (1) | The Minister of Health and Welfare shall, every five years, investigate the actual conditions of lonely deaths to generate baseline data for the establishment and implementation of policies for preventing lonely deaths, which includes identification of the causes and the current situation of lonely deaths, and publish the results of the investigation. |
| (2) | The Minister of Education shall compile statistics on lonely deaths, if he or she has conducted an investigation of actual conditions in accordance with paragraph (1). |
| (3) | The Minister of Education may request that the heads of the relevant central administrative agencies, the Mayor/Do Governor, and the heads of other institutions, corporations or organizations provide necessary data or express opinions, for the purpose of an investigation of actual conditions under paragraph (1) or a statistical compilation under paragraph (2). In such cases, any person receiving such request shall comply with it in the absence of good cause. |
| (4) | Matters necessary for conducting an investigation of actual conditions under paragraph (1) and compiling statistics under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 11 (Provision of Criminal Justice Information) |
| (1) | The Minister of Health and Welfare may require that the Commissioner General of the Korean National Police Agency and the Commissioner of the Korea Coast Guard provide criminal justice information defined in subparagraph 3 of Article 2 of the Act on Promotion of the Digitalization of the Criminal Justice Process (hereinafter referred to as “criminal justice information”), if necessary to conduct an investigation of the actual conditions of lonely deaths under Article 10 (1) or to compile statistics on lonely deaths under Article 10 (2). |
| (2) | The head of an agency receiving a request for provision of criminal justice information under paragraph (1) (hereinafter referred to as “providing agency”) shall comply with it in the absence of good cause. |
| (3) | The scope and methods of provision of criminal justice information shall be determined through mutual consultation between the Minister of Health and Welfare and the head of the providing agency. |
| (4) | For the purpose of protecting personal information, etc. included in criminal justice information, the head of a providing agency may require that the Minister of Health and Welfare (including a specialized investigation and research institute designated under Article 12 (1); hereafter the same shall apply in paragraph (6)) restrict the number of divisions or the method of using criminal justice information, or impose other necessary restrictions, or take necessary measures for assuring the security of criminal justice information (hereinafter referred to as “information security measures”). |
| (5) | No person may use criminal justice information provided in accordance with this Act for any purpose other than the original purpose, or provide such information to a third party. |
| (6) | The head of a providing agency may suspend or restrict the provision of criminal justice information, if the Minister of Health and Welfare fails to take information security measures or violates paragraph (5). |
| Article 12 (Statistical Analysis, Investigations and Research of Lonely Deaths) |
| (1) | The Minister of Health and Welfare may designate a corporation or organization with manpower, facilities, etc. prescribed by Presidential Decree as a specialized investigation and research institute, and entrust the operations of collection, analysis, and management of statistical data on lonely deaths, and investigations and research activities to prevent lonely deaths, to such institute. |
| (2) | The Minister of Health and Welfare may furnish criminal justice information received under Article 11 (2) to a specialized investigation and research institute under paragraph (1). |
| (3) | Matters necessary for the designation, etc. of a specialized investigation and research institute under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 13 (Assistance Measures for Persons at Risk of Facing Lonely Death) |
| (1) | The Minister of Health and Welfare, the head of the relevant central administrative agencies, and the Mayor/Do Governor shall create an environment where necessary assistance can be provided to persons at risk of facing a lonely death in an adequate manner. |
| (2) | The Minister of Health and Welfare, the head of the relevant central administrative agencies, and the Mayor/Do Governor shall impose necessary measures for early discovery, counseling and treatment of persons at risk of facing a lonely death. |
| (3) | Detailed matters concerning measures to be imposed under paragraph (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 14 (Lonely Death Prevention Council) |
| (1) | The Minister of Health and Welfare may establish a Lonely Death Prevention Council composed of the heads of the relevant central administrative agencies and the heads of local governments, for the efficient implementation of policies for the prevention of lonely deaths. |
| (2) | Matters necessary for the composition and operation of the Lonely Death Prevention Council under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 15 (Education and Publicity to Prevent Lonely Deaths) |
The State and local governments shall conduct a necessary education and publicity program to enhance public understanding of the prevention of lonely deaths.
| Article 16 (Counseling and Education to Prevent Lonely Deaths) |
| (1) | The heads of the institutions, organizations and facilities listed below shall make efforts to regularly provide their users, etc. with a counseling and education session to prevent lonely deaths: |
| 3. | Other institutions or organizations determined to be in need of counseling and education to prevent lonely deaths, as prescribed by Presidential Decree. |
| (2) | The State or local governments may develop and distribute programs required for providing counseling and education sessions under paragraph (1), and provide funds to defray all or part of the necessary expenses incurred by the relevant institutions, organizations and facilities in providing counseling and education sessions, within the budget. |
| (3) | The methods and content of counseling and education sessions under paragraph (1), and matters necessary for the development and distribution of the programs and financial support under paragraph (2), shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 17 (Consideration for Reputation, Privacy and Tranquility) |
The State and local governments shall ensure that their implementation of measures to prevent lonely deaths will not unduly infringe upon the reputation, and privacy and tranquility of a person who has died a lonely death, a person at risk of facing a lonely death, and their families, relatives, etc.
| Article 18 (Development of Professional Personnel) |
The State and local governments shall make efforts to adopt measures necessary for developing and enhancing ready availability and capabilities of professional personnel in the field of preventing lonely deaths and providing assistance for persons at risk of facing a lonely death.
| Article 19 (Financial Support) |
| (1) | The State may, within the budget, provide local governments with subsidy funds to cover all or part of the expenses necessary for projects to prevent lonely deaths. |
| (2) | The State and local governments may provide organizations engaged in projects designed to prevent lonely deaths with any support necessary to perform its functions. |
| Article 20 (Confidentiality) |
A person currently or formerly engaged in the functions relating to the prevention of lonely deaths in accordance with this Act shall not divulge or publish any secret of another person learned in the course of duty.
CHAPTER V PENALTY PROVISIONS
| Article 21 (Penalty Provisions) |
| (1) | A person who, in violation of Article 11 (5), uses criminal justice information for purposes other than the original purpose, or provides such information to a third party, shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. |
| (2) | A person who divulges or publishes any secret of another person learned in the course of duty in violation of Article 20 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. |
ADDENDUM <Act No. 17172, Mar. 31, 2020>
This Act shall enter into force one year after the date of its promulgation.