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SPECIAL ACT ON SUPPORT FOR KOREAN NATIONAL WORKERS FOR THE UNITED STATES FORCES KOREA

Act No. 17266, May 19, 2020

 Article 1 (Purpose)
The purpose of this Act is to provide for matters to support the livelihood of Korean national workers for the United States Forces Korea (USFK) in the case of delays in the conclusion of the Agreement between the Republic of Korea and the United States of America Concerning Special Measures Relating to Article V of the Agreement under Article IV of the Mutual Defense Treaty between the Republic of Korea and the United States of America Regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea (hereinafter referred to as “Special Measures Agreement”).
 Article 2 (Definitions)
The term “Korean national worker(s) for the United States Forces Korea” in this Act means:
1. Korean national workers employed under the Agreement under Article IV of the Mutual Defense Treaty between the Republic of Korea and the United States of America, Regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea;
2. Employees as defined in Article 1 of the Agreement between the Republic of Korea and the United States of America regarding the Status of Korean Service Corps.
 Article 3 (Payment of Subsidy)
(1) Where Korean national workers for the United States Forces Korea do not get paid as a new Special Measure Agreement does not come into force after the expiration of the previous Special Measure Agreement, the State may pay a subsidy to the Korean national workers for the United States Forces Korea for the relevant period under this Act.
(2) A subsidy paid under paragraph (1) shall be in an amount specified in Article 46 (1) 1 of the Employment Insurance Act.
(3) The detailed method for calculation and payment of subsidies and the period for which subsidies are paid under paragraphs (1) and (2) and other necessary matters shall be prescribed by Presidential Decree pursuant to the Employment Insurance Act.
 Article 4 (Application for Subsidy)
A Korean national worker for the United States Forces Korea who intends to be paid a subsidy under this Act shall apply, in writing, to the Minister of National Defense for a subsidy along with relevant supporting documents, as prescribed by Presidential Decree.
 Article 5 (Decision on Subsidy)
The Minister of National Defense shall investigate facts and decide on whether or not to pay a subsidy and the amount of a subsidy within 30 days of the date of receipt of an application for subsidy.
 Article 6 (Service of Written Decision)
(1) Upon the making of a decision to or not to pay a subsidy, the Minister of National Defense shall serve the original copy of the written decision on the applicant within seven days of the making of the decision.
(2) The provisions of the Civil Procedure Act on service shall apply mutatis mutandis to service under paragraph (1).
 Article 7 (Appeal against Decision on Payment of Subsidy)
(1) A Korean national worker for the United States Forces Korea who is not satisfied with any matter decided under Article 5 may appeal to the Minister of National Defense within seven days of the date on which the Korean national worker is served with the original copy of the written decision on the subsidy.
(2) The Minister of National Defense shall, within seven days of the date of receipt of an appeal, decide on the appeal and notify the appellant of the decision in writing without delay: Provided, That, if the Minister of National Defense cannot decide on the appeal within seven days due to any unavoidable reason, the Minister may make an extension not to exceed seven days and shall notify the appellant of the reason for the extension in writing.
(3) Procedures for appeal and giving notice of decisions under paragraphs (1) and (2) and other necessary matters shall be prescribed by Ordinance of the Ministry of National Defense.
 Article 8 (Cost-Bearing and Payment Procedures)
(1) Costs necessary to pay subsidies, etc. under this Act shall be borne by the State.
(2) Payment procedures of subsidies and other necessary matters shall be prescribed by Presidential Decree.
 Article 9 (Recovery and Prescription of Subsidy)
(1) The State may recover, in whole or in part, a subsidy paid to a person under this Act if:
1. The person is found to have been paid the subsidy by fraud or other improper means;
2. The subsidy is found to have been paid erroneously not in compliance with the standards provided by this Act.
(2) Where a person who should return a subsidy fails to return the subsidy within a specified period in the case of recovery under paragraph (1), the subsidy shall be collected in the same manner as delinquent national or local taxes are collected.
(3) The right to be paid a subsidy under this Act lapses by prescription unless it is exercised for the three-year period beginning on the date on which an applicant is served with the original copy of the written decision of the subsidy.
ADDENDA <Act No. 17266, May 19, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Payment of Subsidies)
A subsidy under Article 3 shall apply, beginning with the first case where no wages are paid as a new Special Measure Agreement does not come into force after the expiration of the previous Special Measure Agreement.