The purpose of this Act is to protect and support victims who were mobilized compulsorily and forced to work as sexual slaves under the Japanese colonial rule, to strive for the stabilization of their livelihood and welfare promotion by carrying out commemorative projects to restore the honor of sexual slavery victims drafted for the Japanese imperial army and to investigate what really happened to and is ultimately to contribute to the establishment of truthful historical view of the people and promotion of the human rights.
[This Article Wholly Amended on Dec. 19, 2008]
The terms used in this Act are defiend as follows:
| 1. | The term "sexual slavery victims drafted for the Japanese imperial army" means victims who were mobilized compulsorily, sexually ill-treated and forced to work as sexual slaves under the Japanese colonial rule; |
| 2. | The term "persons eligible for livelihood stability support" means persons registered pursuant to Article 3 as living victims of sexual slavery for the Japanese imperial army. |
[This Article Wholly Amended on Dec. 19, 2008]
| Article 2-2 (Responsibilities of the State) |
| (1) | The State shall make active efforts at home and abroad to restore the honor of sexual slavery victims drafted for the Japanese imperial army, promote their human rights, find the truth regarding this issue, and provide correct history education, etc. The State shall also secure an organization and budget required for these efforts. <Amended on Mar. 24, 2014> |
| (2) | The State shall actively find sexual slavery victims drafted by the Japanese imperial army at home and abroad and take necessary measures so that they are able to maintain a stable livelihood. <Amended on Mar. 24, 2014> |
| (3) | Where the State formulates a policy related to the rights and obligations of sexual slavery victims drafted for the Japanese imperial army, it shall hear the opinions of the victims (including their agents) and actively make public the details of the policy. <Newly Inserted on Dec. 12, 2017> |
[This Article Wholly Amended on Dec. 19, 2008]
| Article 3 (Determination and Registration) |
| (1) | A person who intends to be eligible for livelihood stability support shall file an application for registration with the Minister of Gender Equality and Family, as prescribed by Presidential Decree: Provided, That his or her guardian may file such application on his or her behalf if the person is unable to do so. <Amended on Jan. 18, 2010; Mar. 24, 2014> |
| (2) | The Minister of Gender Equality and Family shall, if he or she has received an application for registration prescribed in paragraph (1), determine whether an applicant is eligible for livelihood stability support after deliberation by the Deliberation Committee for Support and Commemorative Project for Sexual Slavery Victims Drafted for Japanese Imperial Army prescribed in Article 6. <Amended on Jan. 18, 2010; Dec. 12, 2017> |
| (3) | The Minister of Gender Equality and Family shall, if he or she has made a determination prescribed in paragraph (2), register it and immediately notify an applicant of the results thereof. <Amended on Jan. 18, 2010; Dec. 12, 2017> |
| (4) | The specific scope of guardians mentioned in the proviso of paragraph (1) shall be prescribed by Presidential Decree. <Newly Inserted on Mar. 24, 2014> |
[This Article Wholly Amended on Dec. 19, 2008]
| Article 4 (Details of Support for Persons Eligible for Livelihood Stability Support) |
| (1) | The State shall provide the following support to persons eligible for livelihood stability support: <Amended on Dec. 12, 2017; Jun. 9, 2020> |
| 3. | Support for expenses borne by an eligible recipient and uncovered expenses under the Medical Benefits Act; |
| 4. | Payment of subsidies for livelihood stability; |
| (3) | The State shall bear the expenses incurred in paying expenses borne by an eligible recipient, uncovered expenses, subsidies for the livelihood stability and nursing services, and funeral expenses prescribed in paragraph (1) 3 through 6. <Amended on Dec. 12, 2017; Jun. 9, 2020> |
| (4) | Matters necessary for the criteria, methods, etc. for payment of subsidies for the livelihood stability and providing nursing services and funeral expenses shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 12, 2017> |
[This Article Wholly Amended on Dec. 19, 2008]
| Article 5 (Preferential Lease of Rental Houses) |
When the State, a local government, or the Korea Land and Housing Corporation established under the Korea Land and Housing Corporation Act leases houses built for renting pursuant to the Housing Act, it shall lease such houses preferentially to persons who do not own houses, from among the persons eligible for livelihood stability support, as determined by the Minister of Land, Infrastructure and Transport. <Amended on Dec. 18 2012; Mar. 23, 2013> [This Article Wholly Amended on Dec. 19, 2008]
| Article 5-2 (Protection Facilities for Sexual Slavery Victims Drafted for Japanese Imperial Army) |
| (1) | The State, a local government, a social welfare foundation established under the Social Welfare Services Act, and any other non-profit corporation (hereinafter referred to as “social welfare foundation, etc.”) may establish and operate protection facilities for sexual slavery victims drafted for the Japanese Imperial Army (hereinafter referred to as “protection facilities”). |
| (2) | The State and a local government may subsidize expenses incurred in operating the protection facilities established and operated by the social welfare foundation, etc. |
[This Article Newly Inserted on May 28, 2013]
| Article 6 (Deliberation Committee for Support and Commemorative Projects for Sexual Slavery Victims Drafted for Japanese Imperial Army) |
| (1) | The Deliberation Committee for Support and Commemorative Projects for Sexual Slavery Victims Drafted for Japanese Imperial Army (hereinafter referred to as the "Deliberation Committee") shall be established under the jurisdiction of the Ministry of Gender Equality and Family to deliberate on the following matters: <Amended on Jan. 18, 2010; Dec. 12, 2017> |
| 1. | Ascertainment as to whether information entered in an application for registration of persons eligible for livelihood stability support is true; |
| 2. | Matters concerning support for persons eligible for livelihood stability support; |
| 3. | Matters concerning commemorative projects, etc. referred to in Article 11; |
| 4. | Other matters which the Minister of Gender Equality and Family refers to the Deliberation Committee. |
| (2) | Matters necessary for the organization, operation, etc. of the Deliberation Committee shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 19, 2008]
[Title Amended on Dec. 12, 2017]
| Article 7 (Request for Cooperation) |
The Deliberation Committee may, if necessary to deliberate on whether or not applicants are eligible for livelihood stability support, hear testimonies or opinions of the said applicants, witnesses, or other relevant persons, or request administrative agencies or other related institutions to render any necessary assistance.
[This Article Wholly Amended on Dec. 19, 2008]
| Article 8 (Protection of Right) |
The right to receive subsidies for the livelihood stability granted under this Act shall not be transferred or provided as security and seized.
[This Article Wholly Amended on Dec. 19, 2008]
| Article 9 (Recovery of Subsidies for Livelihood Stability) |
| (1) | In cases where a person who has received subsidies for the livelihood stability under this Act falls under any of the following subparagraphs, the Minister of Gender Equality and Family may recover the whole or part of those subsidies from the said person: <Amended on Jan. 18, 2010> |
| 1. | In cases where she has received subsidies for the livelihood stability by fraud or other improper means; |
| 2. | In cases where she has been overpaid or erroneously paid subsidies for the livelihood stability. |
| (2) | In case of the recovery of subsidies for the livelihood stability under paragraph (1), the Minister of Gender Equality and Family shall, if a person who is to return subsidies for the livelihood stability fails to return them by the deadline fixed, collect them in the same manner as the delinquent national taxes. <Amended on Jan. 18, 2010> |
[This Article Wholly Amended on Dec. 19, 2008]
| Article 10 (Fact-Finding Survey) |
| (1) | The Minister of Gender Equality and Family shall conduct a fact-finding survey each year to grasp the living conditions, policy satisfaction, etc. of persons eligible for livelihood stability support. <Amended on Jun. 9, 2020> |
| (2) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor shall actively cooperate to facilitate a fact-finding survey under paragraph (1). <Newly Inserted on Jun. 9, 2020> |
| (3) | Matters necessary for timing, methods, procedures, etc. for a fact-finding survey referred to in paragraph (1) shall be prescribed by Presidential Decree. <Newly Inserted on Jun. 9, 2020> |
[This Article Wholly Amended on Dec. 19, 2008]
| Article 11 (Commemorative Projects) |
| (1) | The State and local governments may implement the following projects related to sexual slavery victims drafted for the Japanese imperial army: <Amended on Mar. 24, 2014; Dec. 12, 2017> |
| 1. | Commemorative projects for sexual slavery victims drafted for the Japanese imperial army; |
| 2. | Collection, preservation and management of, exhibition on, investigation of, and research on historical materials on sexual slavery victims drafted for the Japanese imperial army; |
| 3. | Education, publicity and literary activities related to sexual slavery victims drafted for the Japanese imperial army; |
| 4. | Efforts at home and abroad, including international exchange and joint investigation, to restore the honor of sexual slavery victims drafted for the Japanese imperial army; |
| 5. | Memorial projects, such as creating a place for remembering sexual slavery victims drafted for the Japanese imperial army; |
| 6. | Affairs incidental to the projects referred to in subparagraphs 1 through 5. |
| (2) | Matters necessary for implementing projects referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 19, 2008]
| Article 11-2 (Day to Commemorate Sexual Slavery Victims Drafted for Japanese Imperial Army) |
| (1) | In an effort to inform issues related to sexual slavery victims drafted for the Japanese imperial army at home and abroad and commemorate such victims, August 14 of each year shall be established as the Day to Commemorate Sexual Slavery Victims Drafted for the Japanese Imperial Army. |
| (2) | The State and local governments shall endeavor to conduct events and promotion fit for the purpose of the Day to Commemorate Sexual Slavery Victims Drafted for the Japanese Imperial Army under paragraph (1). |
[This Article Newly Inserted on Dec. 12, 2017]
[Previous Article 11-2 moved to Article 11-3 <Apr. 12, 2017>]
| Article 11-3 (Support for Reinstatement of Nationality) |
| (1) | The State and local governments shall render any necessary assistance to sexual slavery victims drafted for the Japanese imperial army who live in foreign countries without reinstatement of their nationality of the Republic of Korea. |
| (2) | Matters concerning support referred to in paragraph (1), including the reinstatement of nationality and a visit to the Republic of Korea, shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 19, 2008]
[Moved from Article 11-2; Previous Article 11-3 moved to Article 11-4 <Dec. 12, 2017>]
| Article 11-4 (Legal Counseling) |
| (1) | The State may assist sexual slavery victims drafted for the Japanese imperial army with regard to defamation cases, damage claims, etc. with legal counseling services, legal representation, etc. (hereinafter referred to as "legal counseling services, etc."). |
| (2) | The Minister of Gender Equality and Family may request the Korea Legal Aid Corporation established under Article 8 of the Legal Aid Act or any other institution prescribed by Presidential Decree to provide legal counseling services, etc. |
| (3) | The State may bear expenses incurred in providing legal counseling services, etc. as prescribed by Presidential Decree. |
| (4) | Requirements for, details of, and procedures for legal counseling services, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 18, 2012]
[Moved from Article 11-3 <Dec. 12, 2017>]
| Article 12 (Subsidization of Expenses) |
| (1) | In cases where a local government implements the projects prescribed in the subparagraphs of Article 11 (1), the State may subsidize part of the project expenses within budgetary limits. |
| (2) | In cases where an individual, a corporation, or an organization implements the projects prescribed in the subparagraphs of Article 11 (1), the State and local governments may subsidize part of the project expenses within budgetary limits. |
| (3) | Requirements for an individual, a corporation, an organization eligible for subsidies for expenses and necessary matters concerning procedures, etc. for subsidies for expenses under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 19, 2008]
| Article 13 (Gratuitous Lending of State Property or Public Property) |
| (1) | Notwithstanding the State Property Act or the Public Property and Commodity Management Act, in cases where a corporation or an organization related to sexual slavery victims drafted for the Japanese imperial army implements commemorative projects under Article 11 (1) 1, the State or a local government may lend state property or public property to the corporation or the organization gratuitously. |
| (2) | Requirements for a corporation or an organization eligible for lending and necessary matters concerning procedures, etc. for lending under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 19, 2008]
| Article 14 (Delegation and Entrustment of Authority) |
The Minister of Gender Equality and Family may entrust part of his or her authority granted under this Act to the Minister of Foreign Affairs or may delegate part of his or her authority granted under this Act to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor, as prescribed by Presidential Decree. <Amended on Jan. 18, 2010; Mar. 23, 2013>
[This Article Wholly Amended on Dec. 19, 2008]
| Article 15 (Persons Deemed to be Public Officials for Purposes of Penalty Provisions) |
[This Article Newly Inserted on Dec. 12, 2017]
ADDENDA <Act No. 4565, Jun. 11, 1993>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Reported Victims) Those sexual slavery victims who have reported to the Ministry of Foreign Affairs between February 25, 1992 and February 28, 1993 through the Ministry of Home Affairs, the Korean Red Cross established under the Organization of the Korean National Red Cross Act, and relevant private organizations shall be deemed to apply for the registration under Article 3 (1). |
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 6024, Sep. 7, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on October 1, 2000. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 6400, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 6771, Dec. 11, 2002>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures) Matters deliberated on by the Sexual Slavery Victim Livelihood Stability Support Deliberation Committee under the previous provisions before this Act enters into force, shall be deemed to be those deliberated on by the Sexual Slavery Victim Livelihood Stability Support and Commemorative Project Deliberation Committee established under this Act. |
ADDENDA <Act No. 7413, Mar. 24, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 7637, Jul. 29, 2005>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9167, Dec. 19, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 11571, Dec. 18, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11599, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11834, May 28, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 12533, Mar. 24, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14065, Mar. 2, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 15207, Dec. 12, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 17440, Jun. 9, 2020>
This Act shall enter into force six months after the date of its promulgation.