ENFORCEMENT DECREE OF THE ACT ON CONFIRMATION OF THE LIFE OR DEATH OF INTER-KOREAN SEPARATED FAMILIES AND PROMOTION OF EXCHANGE
Presidential Decree No. 21745, Sep. 24, 2009
Amended by Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 24604, jun. 17, 2013
Presidential Decree No. 24849, Nov. 20, 2013
Presidential Decree No. 28147, jun. 27, 2017
Presidential Decree No. 31013, Sep. 11, 2020
Presidential Decree No. 33475, May 23, 2023
| Article 2 (Methods of Fact-Finding Surveys) |
| (2) | In order to conduct an efficient fact-finding survey, the Minister of Unification may request that a specialized research institute be in charge of such survey. |
| (3) | With a fact-finding survey having been conducted, the Minister of Unification may publish some of its results. |
| (4) | Except as provided in paragraphs (1) through (3), details necessary for a fact-finding survey shall be determined by the Minister of Unification. |
| Article 3 (Establishment of Integrated Management System of Information on Separated Families) |
| (1) | An integrated management system of information on separated families under Article 6 (2) of the Act (hereinafter referred to as “integrated management system of information on separated families”) shall include the following matters: |
| 1. | Results of a fact-finding survey; |
| 3. | Results of confirming the life or death, and whereabouts, of inter-Korean separated families under Article 8 (2) of the Act; |
| 5. | Other materials, the collection and management of which are deemed necessary by the Minister of Unification, in relation to inter-Korean separated families. |
| (2) | The Minister of Unification may designate an institution dedicated to the efficient establishment and operation of the integrated management system of information on separated families. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the establishment and operation of the integrated management system of information on separated families shall be determined by the Minister of Unification. |
| Article 4 (Application for Locating Separated Families) |
| (1) | Where separated families living in areas south of the Military Demarcation Line (hereinafter referred to as "South Korea") intend to apply for locating separated families pursuant to Article 7 (1) of the Act, they shall submit an application for locating inter-Korean separated families in attached Form 1 to the Minister of Unification. |
| (2) | Where a person who has applied for locating separated families pursuant to paragraph (1) (hereinafter referred to as "applicant for locating separated families") intends to cancel such application, he or she shall submit an application to cancel the application for locating inter-Korean separated families in attached Form 2 to the Minister of Unification. |
| (3) | Where a person, other than an applicant for locating separated families, represents to file an application to cancel such application under paragraph (2), such representative shall submit to the Minister of Unification an application to cancel the application for locating inter-Korean separated families in attached Form 2,, accompanied by a copy of the applicant’s resident registration card and a power of attorney. |
| Article 4-2 (Written Consent to Genetic Testing) |
| (1) | A person who intends to apply for genetic testing pursuant to Article 8-2 (1) of the Act shall submit a written consent to genetic testing for inter-Korean separated families in attached Form 2-2 to the Minister of Unification. In such cases, where it is submitted by a legal representative, documents proving that he or she is the legal representative shall be attached thereto. |
| (2) | Materials that the Minister of Unification shall keep and maintain pursuant to Article 8-2 (2) of the Act are as follows: <Amended on Jun. 27, 2017> |
| 1. | A written consent to genetic testing for inter-Korean separated families; |
| 2. | Results of genetic testing in files or printouts; |
| 3. | Test samples used for genetic testing, including blood, saliva and hair. |
| (3) | The Minister of Unification shall keep the materials referred to in the subparagraphs of paragraph (2) in a biobank established under Article 8-2 (2) of the Act until a person who has given consent to genetic testing (including his or her legal representative) requests the disposal thereof. |
| (4) | The Minister of Unification shall, pursuant to Article 8-2 (5) of the Act, entrust part of the business affairs related to genetic testing to the following institutions: <Amended on Jun. 27, 2017; Sep. 11, 2020; May 23, 2023> |
| 1. | Business affairs related to receiving a written consent to the genetic testing for inter-Korean separated families, taking specimens, and conducting genetic testing: The following institutions which are designated and publicly notified by the Minister of Unification: |
| 2. | Deleted; <May 23, 2023> |
| 3. | Business affairs related to the keeping, maintenance, and disposal of test samples under paragraph (2) 3 (excluding business affairs regarding the requests for and decisions on disposal): The Commissioner of the Korea Centers for Disease Control and Prevention. |
| (6) | Except as provided in paragraphs (1) through (4), matters necessary for genetic testing shall be prescribed by Ordinance of the Ministry of Unification. <Newly Inserted on Jun. 27, 2017> |
[This Article Newly Inserted on Nov. 20, 2013]
| Article 5 (Methods of and Procedures for Provision of Aid to North Korea) |
| (1) | Aid to North Korea under Article 10 (1) of the Act (hereinafter referred to as "aid to North Korea”) shall be financed by the Inter-Korean Cooperation Fund under the Inter-Korean Cooperation Fund Act, and procedures therefor shall be governed by the procedures prescribed in the Enforcement Decree of that Act. |
| (2) | In principle, a follow-up report shall be filed with the National Assembly pursuant to Article 10 (3) of the Act: Provided, That if the size of aid to North Korea exceeds one billion won, a preliminary report thereon shall be filed with the National Assembly. |
| Article 6 (Requirements and Procedures for Subsidization of Expenses for Non-Governmental Exchanges) |
| (1) | Where South Korean separated families (excluding persons who are or were eligible for protection under subparagraph 2 of Article 2 of the North Korean Refugees Protection and Settlement Support Act; hereafter in this Article, the same shall apply) engage in any of the following exchange activities at a non-governmental level, the Minister of Unification may subsidize the expenses for non-governmental exchanges under Article 11 (1) of the Act (hereinafter referred to as "expenses for non-governmental exchanges"). In such cases, the Minister may subsidize the expenses to be incurred in each of the following exchange activities only once: |
| 1. | The first confirmation of the life or death of North Korean families; |
| 2. | Reunions with North Korean families to be held in North Korea or a third country; |
| 3. | Exchange activities such as the exchange of letters, following the confirmation of life or death under subparagraph 1 or family reunions under subparagraph 2. |
| (2) | A person who intends to apply for subsidies to cover the expenses for non-governmental exchanges shall submit to the Minister of Unification an application for the subsidization of expenses for exchanges between inter-Korean separated families in attached Form 3, accompanied by the following documents within three months from the date he or she engages in an exchange activity falling under any subparagraph of paragraph (1): |
| 2. | Documents confirming family relationship with relatives in North Korea, such as a certificate of family relationship records; |
| 3. | Materials verifying exchange activities with North Korean families, such as letters, letter envelopes, photographs, copies of passports, videos, and audio tapes; |
| 4. | Other documents deemed necessary by the Minister of Unification. |
| (3) | Where South Korean separated families are reunited with their relatives in North Korea pursuant to paragraph (1) 2 within three months after confirming their life or death under paragraph (1) 1, only subsidies to cover the expenses for their reunion under paragraph (1) 2 shall be granted, notwithstanding paragraph (1). |
| (4) | Where South Korean separated families engage in an exchange activity falling under any subparagraph of paragraph (1) at a governmental level, such exchange activity shall not be subsidized to cover the expenses for non-governmental exchanges, notwithstanding paragraph (1). |
| (5) | The amount of subsidies to cover the expenses for non-governmental exchanges shall be determined by the Minister of Unification, in consideration of airfares, expenses for stay, brokerage fees, etc. paid in relation to the relevant exchange activities. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the subsidization of expenses for non-governmental exchanges shall be determined by the Minister of Unification. |
| Article 7 (Requirements and Procedures for Subsidization for Organizations for Exchanges between Separated Families) |
| (1) | A non-governmental organization related to exchanges between inter-Korean separated families which is eligible to receive subsidies pursuant to Article 12 (1) of the Act (hereinafter referred to as "organization for exchanges between separated families") shall be a non-profit and non-governmental organization under Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act, aimed at promoting exchanges between inter-Korean separated families or conducting research, surveys, etc. on the issues of inter-Korean separated families. |
| (2) | Where an organization for exchanges between separated families applies for subsidies under Article 12 (1) of the Act, it shall submit to the Minister of Unification an application for subsidies granted to an organization for exchanges between separated families in attached Form 4, accompanied by the following documents: |
| 1. | A project plan and a budget plan for the pertinent business year; |
| 2. | A statement on the settlement of accounts for the immediately preceding business year. |
| (3) | The amount of subsidies granted to an organization for exchanges between separated families shall be determined by the Minister of Unification, in consideration of the objectives, details, etc. of a project undertaken by the organization in relation to exchanges between inter-Korean separated families. |
| (4) | An organization for exchanges between separated families granted subsidies under Article 12 (1) of the Act shall prepare a project performance report within three months from the end of each business year and submit it to the Minister of Unification. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the subsidization for organizations for exchanges between separated families shall be determined by the Minister of Unification. |
| Article 8 (Entrustment of Duties) |
Pursuant to Article 13 of the Act, the Minister of Unification shall entrust the duties regarding the following to an organization designated and publicly notified by the Minister of Unification from among organizations related to inter-Korean separated families, such as the Korean Red Cross established under the Organization of the Korean National Red Cross Act: <Amended on Nov. 20, 2013> | 2. | The establishment and operation of reunion venues for inter-Korean separated families pursuant to Article 9 (3) of the Act; |
| Article 9 (Processing of Personally Identifiable Information) |
| 1. | Affairs regarding the fact-finding surveys of inter-Korean separated families and the management of information pursuant to Article 6 of the Act; |
| 3. | Affairs regarding the subsidization of expenses for non-governmental exchanges pursuant to Article 11 of the Act. |
[This Article Newly Inserted on Jan. 6, 2012]
ADDENDA <Presidential Decree No. 21745, Sep. 24, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 26, 2009.
Article 2 (Transitional Measures)
Where South Korean separated families have received subsidies or have applied for subsidies, to cover the expenses incurred in an exchange activity falling under any subparagraph of Article 6 (1), as determined by the Minister of Unification, before this Decree enters into force, they shall be deemed to have received or applied for subsidies to cover the expenses for non-governmental exchange activities pursuant to Article 6. Article 3 Omitted.
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.
ADDENDUM <Presidential Decree No. 24604, Jun. 17, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 24849, Nov. 20, 2013>
This Decree shall enter into force on November 23, 2013.
ADDENDUM <Presidential Decree No. 28147, Jun. 27, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 31013, Sep. 11, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 12, 2020.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 33475, May 23, 2023>
This Decree shall enter into force on the date of its promulgation.