The purpose of this Act is to remedy damage suffered by Sakhalin Koreans who emigrated to Sakhalin Island by means of forced mobilization, etc. during the Japanese colonial era through diplomatic efforts with related nations, and to assist the Sakhalin Koreans and their family members in their permanent return to and settlement in the Republic of Korea.
The definitions of the terms used in this Act are as follows:
|1.|| The term “Sakhalin Korean” means a Korean who was born in, or emigrated to, Sakhalin by August 15, 1945;|
|2.|| The term “family members” means the spouse of a Sakhalin Korean, one lineal descendant of the Sakhalin Korean and the lineal descendant’s spouse.|
| Article 3 (Responsibilities of the State)
|(1)|| The State shall establish and implement policies necessary to assist Sakhalin Koreans in their permanent return to and settlement in South Korea.|
|(2)|| The State shall make every diplomatic effort for the remedy of damage suffered by Sakhalin Koreans and the recovery and return of their remains.|
|(3)|| The State shall conduct commemorative projects necessary to restore the honor of Sakhalin Koreans.|
| Article 4 (Relationship to Other Statutes)
Except as otherwise provided in other statutes, assistance to Sakhalin Koreans and their family members is governed by this Act.
| Article 5 (Assistance in Permanent Return and Settlement)
|(1)|| For the permanent return and settlement of Sakhalin Koreans, the Government may provide the following:|
|1.|| Assistance in airfare required for returning to the Republic of Korea and initial settlement costs;|
|2.|| Assistance in operating costs for residential and living facilities;|
|3.|| Residential assistance, such as rental housing;|
|4.|| Other matters prescribed by Presidential Decree to assist in permanent return and settlement.|
|(2)|| The Government may provide the assistance specified in paragraph (1) also for Sakhalin Koreans’ family members.|
| Article 6 (Application for Assistance in Permanent Return and Settlement)
|(1)|| A person, being a Sakhalin Korean or his or her family member, who intends to receive assistance in permanent return and settlement under Article 5 for the purpose of permanently residing in the Republic of Korea shall make an application to the Minister of Foreign Affairs.|
|(2)|| If an application is made under paragraph (1), the Minister of Foreign Affairs shall decide whether or not to provide assistance and notify the applicant of the decision.|
|(3)|| Procedures for making applications under paragraph (1), criteria for deciding whether or not to provide assistance and methods and procedures for reviewing applications under paragraph (2), and other necessary matters shall be prescribed by Presidential Decree.|
| Article 7 (Entrustment of Functions)
Functions of the Minister of Foreign Affair under this Act may, in part, be entrusted to the head of any other administrative agency or a related legal person or organization, as prescribed by Presidential Decree.
ADDENDA <Act No. 17305, May 26, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021.
Article 2 (Transitional Measures concerning Sakhalin Koreans Permanently Returned to the Republic of Korea and Their Family Members)
Sakhalin Koreans and their family members who have received assistance in their permanent return to and settlement in the Republic of Korea from the Government as at the time this Act enters into force shall be deemed to have received assistance in permanent return and settlement under Article 5.