The purpose of this Decree is to prescribe matters delegated by the Consular Assistance Act for the Protection of Nationals Overseas and matters necessary for the enforcement thereof.
| Article 2 (Composition of Committee on Protection of Overseas Koreans Nationals and Term of Commissioned Members) |
| (1) | The following vice ministerial-level public officials of a relevant central administrative agency who are members of the Committee on Protection of Overseas Koreans Nationals (hereinafter referred to as the "Committee") under Article 6 (1) of the Consular Assistance for the Protection of Nationals Overseas Act (hereinafter referred to as the "Act"). shall be as follows: In such cases, an institution that has two or more vice ministerial-level public officials shall be a vice ministerial-level public official designated by the head of the relevant institution. |
| 1. | Vice Minister of Economy and Finance; |
| 2. | Vice Minister of Foreign Affairs; |
| 3. | Vice Minister of Justice; |
| 4. | Vice Minister of National Defense; |
| 5. | Vice Minister of the Interior and Safety; |
| 6. | Vice Minister of Culture, Sports and Tourism; |
| 7. | Vice Minister of Health and Welfare; |
| 8. | Vice Minister of Land, Infrastructure and Transport; |
| 9. | Vice Minister of Oceans and Fisheries; |
| 10. | Deputy Directors of the National Intelligence Service; |
| 11. | Commissioner General of the National Police Agency; |
| 12. | Commissioner of the National Fire Agency; |
| 13. | Commissioner of the Korea Coast Guard. |
| (3) | The term of office for the members commissioned under paragraph (6) 4 shall be two years, which may be renewed only once. |
| Article 3 (Dismissal of Members) |
Where a member commissioned falls under any of the following, the Minister of Foreign Affairs may dismiss the relevant member:
| 1. | Where he or she becomes incapable of performing his or her duties due to mental or physical disability; |
| 2. | Where he or she commits irregularities related to his or her duties; |
| 3. | Where the member is deemed unsuitable as a member due to neglect of duty, injury to dignity, or any other reason; |
| 4. | Where the member voluntarily declares that it is impracticable for him or her to perform his or her duties. |
| Article 4 (Operation of Committee) |
| (1) | The Chairperson of the Committee (hereinafter referred to as the "chairperson") shall convene meetings of the Committee and shall preside over the meeting. |
| (2) | When the Chairperson is unable to perform his or her duties due to unavoidable reasons, a Committee member designated in advance by the Chairperson shall act on his or her behalf. |
| (3) | Where the Chairperson intends to hold a meeting, he or she shall notify each member of the time and date, the venue, and the agenda of the meeting at least seven days before the meeting: Provided, That he or she may orally notify such meeting one day prior to the meeting in the event of emergency or unavoidable circumstances. |
| (4) | A majority of the members of the Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
| (5) | Where a member who is a public official is unable to attend a meeting due to unavoidable reasons, a public official in the immediately lower position may attend and perform his or her duties on his or her behalf. |
| (6) | Where the Committee deems it necessary to deliberate on items on the agenda and conduct other affairs, it may require the relevant public officials, interested persons, or related experts to attend its meetings to hear their opinions, or request them to submit their opinions. |
| (7) | Allowances and travel expenses may be paid within budgetary limits to the members attending the Committee, interested parties and related experts who have attended pursuant to paragraph (6). Provided, That if a public official attends his or her attendance in direct connection with the affairs under his or her jurisdiction, allowances and travel expenses shall not be paid. |
| (8) | The Committee shall have one secretary to perform the affairs of the Committee, who shall be appointed by the Chairperson from among public officials belonging to the Ministry of Foreign Affairs in charge of consular assistance. |
| (9) | The Chairperson may establish a working committee in the committee to review in advance the agenda to be deliberated and resolved by the Committee and to handle matters delegated by the Committee. |
| (10) | Except as provided in paragraphs (1) through (9), matters necessary for the composition and operation of the Committee and the working committee shall be determined by the Chairperson following a decision by the Committee. |
| Article 5 (Establishment and Utilization of Electronic Administrative System) |
| (1) | The Commissioner of the Overseas Koreans Agency may establish and operate an electronic administrative system to electronically handle civil affairs of overseas Koreans, etc. |
| (2) | The Commissioner of the Overseas Koreans Agency may link the electronic administrative system under paragraph (1) (hereinafter referred to as "electronic administrative system") with the social security information system under Article 37 (2) of the Framework Act on Social Security. |
| (3) | The Minister of Foreign Affairs may use an electronic administrative system to systematically prepare and manage statistics concerning incidents and accidents involving overseas Korean nationals and electronically handle affairs for protecting overseas Korean nationals pursuant to Article 7 (5) of the Act. |
[This Article Wholly Amended on Sep. 12, 2023]
| Article 6 (Provision of Information on Overseas Safety) |
| (1) | The following information shall be included in the information necessary for the protection of overseas Korean nationals, provided by the Minister of Foreign Affairs pursuant to Article 8 (1) of the Act. |
| 1. | Contact information of the diplomatic mission of a stationed country; |
| 2. | Safety news by country and region; |
| 3. | The current status of travel warning or special travel watches issued by the Minister of Foreign Affairs pursuant to Article 7; |
| 4. | Other information deemed necessary by the Minister of Foreign Affairs for protecting overseas Korean nationals. |
| (2) | The Minister of Foreign Affairs may request a telecommunications business operator under subparagraph 8 of Article 2 of the Telecommunications Business Act to send the information falling under each subparagraph of paragraph (1) via text message. |
| Article 7 (Issuance of Travel Warning) |
| (1) | Travel warnings under Article 8 (1) of the Act (hereinafter referred to as "travel warnings") shall be classified into four levels according to the level of risk, and the specific details of the risk level for each level of travel warning shall be prescribed and publicly notified by the Minister of Foreign Affairs in consideration of the following matters. |
| 1. | Local circumstances in a stationed country, such as crime, war, civil war, terrorism, disasters and health; |
| 2. | The number of overseas Korean nationals residing, sojourning, or visiting a stationed country, and whether a diplomatic mission is resident or not; |
| 3. | Other matters deemed likely to endanger the safety of overseas Korean nationals; |
| (2) | The Minister of Foreign Affairs may issue a special travel watch (hereinafter referred to as "special travel watch") for up to 90 days in order to respond to short-term and urgent dangers in addition to the phased travel warning under paragraph (1). Provided, That if it is necessary to issue a special travel watch even after 90 days have elapsed, another watch may be issued. |
| (3) | Where the Minister of Foreign Affairs issues a travel warning or a special travel watch, he or she shall promptly notify the public of the guidelines for the actions of overseas Korean nationals through the website of the Ministry of Foreign Affairs and other means. |
| Article 8 (Protection of Arrested, Detained or Imprisoned Overseas Korean Nationals) |
| (1) | Contacts with overseas Korean nationals who are under arrest, detention or imprisonment under Article 11 (1) of the Act shall be made through visits, interviews, phone calls, or exchange of letters. |
| (2) | The head of a diplomatic mission shall, to the extent possible, confirm the following matters when he or she has contact with an overseas Korean national pursuant to Article 11 (1) of the Act. |
| 1. | Grounds for arrest, detention, or imprisonment; |
| 2. | Health conditions of arrested, detained or imprisoned overseas Korean nationals; |
| 3. | Whether or not human rights infringements such as atrocities, racial discrimination, etc. occurred during the course of arrest, detention, or imprisonment; |
| 4. | Whether an overseas Korean national wishes to notify relatives such as family members (referring to a person falling under article 779 (1) of the Civil Act; hereinafter the same shall apply) of the fact of his or her arrest, detention, or imprisonment; |
| 5. | Whether he or she wishes to hire a lawyer or an interpreter; |
| 6. | Whether the competent authority of a stationed country has notified an overseas Korean national who is arrested, detained, or imprisoned of his or her right to communicate with consuls under Article 36 of the Vienna Convention on Consular Relations. |
| (3) | Where an overseas Korean national under arrest, detention, or imprisonment wishes to notify relatives such as family members of the fact of his or her arrest, detention, or imprisonment, the head of the diplomatic mission shall notify such fact to his or her family member or other related person. |
| (4) | Where a relative such as a family member of an arrested, detained, or imprisoned overseas Korean national, who has been notified of the fact pursuant to paragraph (3) wishes to have an interview with him or her, the head of the diplomatic mission shall confirm whether or not an interview is possible and provide information on the method and procedure thereof. |
| (5) | Where the head of a diplomatic mission fails to contact an overseas Korean national despite being aware of the fact that an overseas Korean national is arrested, detained or imprisoned in his or her jurisdiction, he or she shall report the fact and the reasons therefor to the Minister of Foreign Affairs. |
| (6) | Upon receipt of a report under paragraph (5), the Minister of Foreign Affairs shall endeavor to contact the relevant overseas Korean national as much as possible after confirming the facts. |
| Article 9 (Guidance, etc. of Criminal Procedures) |
| (1) | The head of a diplomatic mission shall provide information on the following matters to an arrested, detained, or imprisoned overseas Korean national pursuant to Article 11 (2) of the Act (at the request of his or her relatives such as family members, including the person who requested): |
| 1. | Information on lawyers and interpreters in the stationed country (referring to names, genders, languages spoken and contact information); |
| 2. | Procedures for appointing a lawyer in a stationed country (including the procedure for appointing a public attorney where the system of publicly-appointed attorney is available in the country); |
| 3. | Criminal trial proceedings under the statutes of a stationed country; |
| (2) | In any of the following cases, the head of a diplomatic mission shall confirm, to the extent possible, the progress of investigations or trials of an arrested, detained or imprisoned overseas Korean national and notify it to the relevant national or his or her relatives such as family members. |
| 1. | Where an arrested, detained, or imprisoned overseas Korean national makes a request; |
| 2. | Where his or her relative such as a family member who has been notified pursuant to Article 8 (3) makes a request; |
| 3. | Where the head of a diplomatic mission deems it necessary; |
| Article 10 (Protection of Overseas Korean Nationals Imprisoned After Sentenced to Imprisonment Without Labor or Heavier Punishment) |
| (1) | Where the head of a diplomatic mission recognizes that an overseas Korean national has been sentenced to imprisonment without labor or a heavier punishment or that the sentence has become final and the relevant national has been imprisoned, the head shall contact him or her pursuant to Article 11 (3) of the Act and confirm the following matters to the extent possible. |
| 1. | Where a sentence is sentenced: the details of the sentence, the method of objection, the future procedures, etc. |
| 2. | Where the sentence becomes final and conclusive: details of final judgment, place of imprisonment, etc. |
| (2) | Where an overseas Korean national has been sentenced to imprisonment without labor or a heavier punishment or that the sentence has become final and the relevant national has been imprisoned, the head of the diplomatic mission shall visit and interview the relevant overseas national at least once a year. Provided, That in any of the following subparagraphs, a visit or interview may be substituted by a telephone call or an exchange of letters. |
| 1. | Where the person concerned expressly refuses to visit or interview; |
| 2. | Where it is difficult to visit or interview due to unavoidable reasons such as a natural disaster, war, civil war, terrorism, or traffic blockade; |
| 3. | Where the period of imprisonment is short in consideration of the travel time, etc. for a visit or interview; |
| 4. | Where there is a reason to believe that the visit or interview is difficult; |
| (3) | When the head of a diplomatic mission conducts a visit, interview, etc. pursuant to paragraph (2), he or she shall check the following matters: |
| 1. | Health conditions of imprisoned overseas Korean national; |
| 2. | Whether or not human rights infringements such as atrocities, racial discrimination, etc. occurred during the course of sentencing and finalizing the sentence; |
| (4) | At the request of an overseas Korean national who has been sentenced to imprisonment without labor or a heavier punishment or has been imprisoned after his or her sentence has become final, the head of the diplomatic mission abroad shall notify his or her relatives such as family members who can be contacted, of the matters confirmed pursuant to paragraphs (1) and (3). |
| Article 11 (Request for Correction of Violations of Human Rights) |
| (1) | Where the head of a diplomatic mission finds from checking pursuant to Articles 8 (2) 3 and 10 (3) 2 an allegation by the relevant overseas Korean national that he or she has suffered human rights infringements, the head shall request the relevant agency of the stationed country to verify the facts. |
| (2) | Where the head of a diplomatic mission confirms from the relevant agency of the stationed country pursuant to paragraph (1) that human rights of the overseas Korean national have been infringed upon, the head shall demand that the human rights violations be corrected and recurrence thereof be prevented. |
| Article 12 (Consular Assistance Where Overseas Korean National Suffers Criminal Damage) |
| (1) | The head of a diplomatic mission shall provide the following information to an overseas Korean national who has suffered criminal damage pursuant to Article 12 (1) of the Act. |
| 1. | Information under article 9 (1) 1 and 2; |
| 2. | The system and procedure of the stationed country for the relief of damage from crimes; |
| (2) | Upon a request of an overseas Korean national who has suffered criminal damage, the head of a diplomatic mission shall notify his or her relatives such as family members of the fact of such damage. |
| (3) | Where the head of a diplomatic mission deems that the degree of the criminal damage to an overseas Korean national is serious, he or she shall confirm the background of the incident and the details of the damage through an interview, etc. with the victim and report it to the Minister of Foreign Affairs. |
| (4) | In any of the following cases, the head of a diplomatic mission shall confirm to the extent possible the progress of an investigation or trial on a criminal case that has caused damage to an overseas Korean national. |
| 1. | Where an overseas Korean national who has suffered damage from a crime makes a request; |
| 2. | Where his or her relative such as a family member who has been notified pursuant to paragraph (2) makes a request; |
| 3. | Where the head of a diplomatic mission deems it necessary; |
| (5) | Upon a request of an overseas Korean national who has suffered damage from a crime, the head of a diplomatic mission shall notify his or her relatives such as family members who can be contacted of the progress of an investigation or trial confirmed pursuant to paragraph (4). |
| Article 13 (Consular Assistance in Cases of Death of Overseas Korean Nationals) |
| (1) | When the head of a diplomatic mission becomes aware of the fact that an overseas Korean national has died as a result of an incident or accident, the head shall verify the following matters pursuant to Article 13 (1) of the Act, and notify relatives such as family members of the national who can be contacted and report it to the Minister of Foreign Affairs. |
| 1. | Personal information of the deceased; |
| 2. | Time, date, and place of death; |
| 4. | Other important matters related to the relevant death or accident; |
| (2) | The head of a diplomatic mission may give relatives such as family members of a deceased overseas Korean national confirmation and guidance on the procedures for disposing of the body, transporting the body to the Republic of Korea, visiting the site, etc. |
| (3) | The head of a diplomatic mission may request the relevant agency of the stationed country to investigate the cause of death at the request of a relative such as family member of the deceased person or if there are circumstances to suspect that the cause of death is related to a crime. |
| (4) | If necessary for the investigation, etc. of the cause of death of the deceased overseas Korean national, the head of a diplomatic mission shall endeavor to reflect to the maximum extent possible the wishes of his or her relative such as family member in matters concerning the disposal of his or her body, such as the preservation of the body or an autopsy within the scope of the statutes of the stationed country. |
| (5) | The head of a diplomatic mission shall confirm the intention of relatives such as family members of the deceased overseas Korean national to send his or her body by telephone or in writing. |
| (6) | Where it is difficult to transport the body of a deceased Korean national to the Republic of Korea for reasons such as the refusal by his or her relatives such as family members of such action, the burial, etc. of the body shall be handled pursuant to the statutes of the stationed country. |
| (7) | Where there is no person to bear the expenses incurred in burying the body pursuant to paragraph (6), the State may bear all or part of the expenses. |
| Article 14 (Consular Assistance to Overseas Korean Nationals Who Are Minors) |
| (1) | Where the head of a diplomatic mission is unable to notify the fact that any incident or accident has occurred to an overseas Korean national who is a minor in the area under his or her jurisdiction to his or her legal guardian or relatives such as family members pursuant to Article 14 (1) of the Act, or where legal guardian or relatives such as family members of such national refuses repatriation of the deceased national, he or she shall endeavor to take necessary measures, such as protective measures by the relevant agencies of the stationed country. |
| (2) | Where the head of a diplomatic mission deems it necessary to repatriate a minor overseas Korean national, he or she may provide necessary administrative support, such as taking measures to accompany the relevant national on his or her return to his or her home country. |
| (3) | The head of a diplomatic mission may request cooperation from the Minister of the Interior and Safety and the head of a local government having jurisdiction over the domestic domicile or registration base of the relevant overseas Korean national, to help overseas Korean nationals who are minors returning to Korea reside in Korea and protect them pursuant to paragraph (2). |
| Article 15 (Consular Assistance to Overseas Korean Nationals Who Are Patients) |
| (1) | The information on medical institutions provided by the head of a diplomatic mission pursuant to Article 14 (2) of the Act shall include the names, locations, and contact information of medical institutions in the jurisdictional area. |
| (2) | The head of a diplomatic mission may confirm the social security systems available in the stationed country for the overseas Korean national who are patients who are deemed in need of urgent medical treatment and guide him or her thereon. |
| (3) | Where an overseas Korean national who is a patient who is deemed in need of urgent medical treatment wishes to return to his her home country; or where the relevant agency in the stationed country requests his or her repatriation, falling under any of the following subparagraphs: the Minister of Foreign Affairs may request the Minister of the Interior and Safety and the head of a local government having jurisdiction over the domestic domicile of the relevant overseas Korean national and his or her place of registration base for cooperation with protection after his or her return to Korea. |
| 1. | Where it is impossible to ascertain a relative such as a family member of the relevant overseas Korean national; |
| 2. | Where a relative such as a family member of the relevant overseas Korean national refuses his or her repatriation; |
| Article 16 (Consular Assistance in Cases of Missing of Overseas Korean Nationals) |
Notwithstanding Article 15 (1) of the Act, if an overseas Korean national has gone missing and the head of a diplomatic mission deems that there is a reasonable reason for his or her relative such as a family member not to file a report directly with the police agency of the stationed country, the head may deliver the relevant data to the relevant agency of the stationed country and file a report pursuant to related statutes of such country or request the agency to promptly ascertain his or her whereabouts.
| Article 17 (Consular Assistance in Cases of Overseas Disaster Situation) |
| (1) | The details of the consular assistance provided by a prompt response team dispatched pursuant to Article 16 (2) of the Act (hereinafter referred to as the "prompt response team") shall be as follows. <Amended on September 12, 2023> |
| 1. | Assessing the current status of damage of overseas Korean national; |
| 2. | Protective measures for overseas Korean national; |
| 3. | Measures to prevent additional damage to overseas Korean national; |
| 4. | Assistance to the families of victims who have visited the site, such as explanations of government measures; |
| 5. | Other matters necessary for promptly responding to an overseas crisis situation; |
| (2) | If the Minister of Foreign Affairs deems that there is no or insufficient means of transportation available to overseas Korean national on his or her own in the case of an overseas crisis, the Minister of Foreign Affairs shall consult relevant administrative agencies and appropriate means of transportation such as aircraft, ships, and vehicles pursuant to Article 16 (2) of the Act. |
| (3) | Where the head of a diplomatic mission receives a notice of measures for compensation for damage from the stationed country in relation to an overseas crisis situation, he or she shall endeavor to notify it through the website of the relevant diplomatic mission or other means. |
| Article 17-2 (Establishment and Operation of Headquarters for Protection of Overseas Korean National) |
| (1) | Where the Minister of Foreign Affairs deems it necessary to respond and restore at the government level due to an incident or accident abroad that causes damage to the life, body, or property of an overseas Korean national, the Minister of Foreign Affairs shall be referred to as the Countermeasure Headquarters for the Protection of Overseas Korean Nationals (hereinafter referred to as the "Countermeasure Headquarters" by the Ministry of Foreign Affairs) may be established and operated. |
| (2) | The countermeasure headquarters shall supervise and coordinate the matters falling under each of the following subparagraphs: |
| 1. | Matters concerning the receipt, dissemination and response of incidents and accidents; |
| 2. | Matters concerning the adjustment of travel warnings; |
| 3. | Matters concerning the dispatch of a prompt response team; |
| 4. | Matters concerning the command and support of the on-site command headquarters such as a diplomatic mission; |
| 5. | Matters concerning the preparation of measures to support victims and support for contact with the families of victims; |
| (3) | The head of the countermeasure headquarters shall be the Minister of Foreign Affairs, and the head of the countermeasure headquarters shall supervise the affairs of the countermeasure headquarters and convene a meeting of the countermeasure headquarters. |
| (4) | Except as otherwise provided in paragraphs (1) through (3), matters necessary for the organization and operation of the countermeasure headquarters shall be determined by the head of the countermeasure headquarters. |
[This Article Newly Inserted on Sep. 12, 2023]
| Article 18 (Disposal of Lost Articles) |
| (1) | The head of a diplomatic mission shall endeavor to return the lost article to the person who lost it or its owner pursuant to Article 17 of the Act within the scope of the statutes of the stationed country. |
| (2) | The head of a diplomatic mission shall keep the lost property under Article 17 of the Act at the diplomatic mission for two months from the date he or she acquires it, and post such fact on the website of the relevant diplomatic mission. |
| (3) | If any person requests the return of lost articles during the period referred to in paragraph (2), the head of the diplomatic mission shall return the lost article after confirming orally or in writing that he or she is the person who lost it or its owner. |
| (4) | If there is no request for the return of the lost article during the period of paragraph (2), the head of the diplomatic mission may transfer it to the Commissioner General of the National Police Agency as prescribed and publicly notified by the Minister of Foreign Affairs, or transfer or dispose of it to the relevant agency of the stationed country pursuant to the statutes of the country where the lost article is located. |
| (5) | Where the head of a diplomatic mission has transferred or disposed of it pursuant to paragraph (4), he or she shall post such fact on the website of the diplomatic mission, and request the Commissioner General of the National Police Agency to post such fact on the website providing information on the lost and found property of the National Police Agency. |
| Article 19 (Subsidization of Emergency Assistance Expenses) |
| (1) | An overseas Korean national who intends to receive subsidies for expenses under Article 19 (1) 1 of the Act (hereinafter referred to as "emergency assistance expenses") shall submit an application to the head of the diplomatic mission, as prescribed by Ordinance of the Ministry of Foreign Affairs. |
| (2) | The head of a diplomatic mission who has received an application under paragraph (1) shall send an application to the Minister of Foreign Affairs, along with documents necessary to confirm whether he or she is eligible for subsidies for emergency assistance expenses. |
| (3) | Notwithstanding paragraphs (1) and (2), if it is difficult to ascertain the intention to receive emergency assistance expenses due to mental illness, unconsciousness, etc. of an overseas Korean national, the head of the diplomatic mission abroad may apply ex officio to the Minister of Foreign Affairs for assistance for emergency assistance expenses. |
| (4) | Where the Minister of Foreign Affairs receives an application form from the head of a diplomatic mission under paragraph (2) or (3), he or she shall determine whether to subsidize emergency assistance expenses, comprehensively considering the following matters to the relevant overseas national. |
| 1. | Whether his or her ability to work is significantly reduced due to a disability, injury, disease, etc., or where it is impossible to work legally in the stationed country; |
| 2. | The size of financial assets that can be ascertained; |
| 3. | Whether or not support is provided to his or her relative such as family member. |
| (5) | Notwithstanding paragraph (4), where an overseas Korean national has suffered or is likely to suffer serious harm to his or her life or body, the head of the diplomatic mission may preferentially subsidize emergency assistance expenses and file an application for approval thereon afterwards with the Minister of Foreign Affairs after the fact. |
| (6) | Except as otherwise provided in paragraphs (1) through (5), matters necessary for emergency assistance shall be prescribed by the Minister of Foreign Affairs. |
| Article 20 (Expenses-Bearing) |
| (1) | The Minister of Foreign Affairs shall, where a means of transportation is mobilized pursuant to Article 19 (1) 2 of the Act and any of the following cases applies, may request reimbursement from an overseas Korean national who has used such means for a part of the expenses incurred in such means of transportation, as prescribed by the Minister of Foreign Affairs. |
| 1. | Where a person is transported to a distance greater than a reasonable safe area located on the general route of movement; |
| 2. | Where expenses are incurred in excess of the ordinary transportation expenses determined by the Minister of Foreign Affairs; |
| (2) | In cases falling under any subparagraph of paragraph (1) or the latter part of Article 19 (3) of the Act, the Minister of Foreign Affairs may notify passengers of the details of reimbursement of expenses in advance and request the submission of documents prescribed by Ordinance of the Ministry of Foreign Affairs for reimbursement of such expenses. |
| Article 21 (Support for Overseas Remittance) |
| (1) | Any overseas Korean national who intends to receive support for overseas remittance under Article 19 (2) of the Act (hereinafter referred to as "prompt overseas remittance") shall submit an application to the head of a diplomatic mission, as prescribed by Ordinance of the Ministry of Foreign Affairs. |
| (2) | Where the head of a diplomatic mission in receipt of an application under paragraph (1) recognizes the necessity of prompt overseas remittance due to an emergency situation, he or she may support overseas remittance. |
| (3) | Except as provided in paragraphs (1) and (2), necessary matters concerning the maximum one-time amount of prompt overseas remittance, the amount of additional remittance, etc. shall be prescribed and publicly notified by the Minister of Foreign Affairs. |
| Article 22 (Requests for Provision of Data) |
In the former part of Article 20 (1) of the Act, “necessary data prescribed by Presidential Decree data of resident registration under the Resident Registration Act, computerized information data on registered matters concerning family relations under the Act on the Registration of Family Relationships, and immigration data under the Immigration Act” means the following data: | 2. | Electronic data on registered matters concerning family relations under Article 9 of the Act on the Registration of Family Relationships; |
| 5. | Other data deemed necessary by the Minister of Foreign Affairs for protecting overseas Korean nationals. |
| Article 23 (Request and Provision of Financial Information) |
| 1. | Names and resident registration numbers of overseas Korean nationals; |
| 2. | The scope of financial information, etc. requested to be provided; |
| (2) | The detailed contents of financial information, etc. shall be as follows: |
| 1. | Financial information: |
| (a) | Demand deposits, such as ordinary deposits, savings deposits, free savings deposits, and foreign currency deposits: An average balance over the last three or less months and total deposit amount; |
| (b) | Savings deposits, such as time deposits, installment deposits, and time savings: The balance or the total amount of deposits; |
| (d) | Stocks, beneficiary certificates, investment funds, investment shares, real estate (pension) trusts: The final market value. |
| (e) | Pension savings: The amount paid regularly or the final balance; |
| (f) | Interest and dividends or discounts accruing from the financial property referred to in items (a) through (e); |
| (a) | Status of loans and details of payment in arrears; |
| (b) | Amount due by credit cards; |
| 3. | Insurance information: |
| (a) | Insurance policy: The refund to be paid if insurance is canceled, or insurance proceeds paid within the last year; |
| (b) | Pension insurance: The refund to be paid if insurance is canceled, or the amount paid on a regular basis. |
| (3) | The head of a financial institution, etc. who is requested to provide financial information, etc. pursuant to paragraph (1) shall provide the relevant financial information, etc. including the following matters pursuant to Article 21 (2) of the Act. |
| 1. | Names and resident registration numbers of overseas Korean nationals; |
| 2. | The name of a financial institution, etc. providing financial information, etc.; |
| 3. | Names of financial instruments to be provided and relevant account numbers; |
| 4. | Details of financial information, etc. to be provided; |
| (4) | Where the Minister of Foreign Affairs is provided with financial information, etc. pursuant to paragraph (3), he or she may request the head of a financial institution, etc. to provide financial information, etc. through the information and communications network of the association, federation, central association, etc. to which the relevant financial institution, etc. is affiliated. |
| (5) | The Minister of Foreign Affairs may electronically process financial information, etc. by using the electronic administrative system linked to the social security information system under Article 37 (2) of the Framework Act on Social Security. <Amended on Sep. 12, 2023> |
| Article 24 (Entrustment of Authority) |
| (1) | The Minister of Foreign Affairs shall entrust the Minister of Health and Welfare with the authority to request the provision of financial information, etc. under Article 21 (1) of the Act pursuant to Article 22 of the Act. |
| (2) | The Minister of Foreign Affairs shall entrust the Commissioner of the National Tax Service with the authority to collect national taxes on a repayment obligor under Article 19 (4) of the Act in the same manner as delinquent national taxes pursuant to Article 22 of the Act. |
| Article 25 (Management of Sensitive Information and Personally Identifiable Information) |
The Minister of Foreign Affairs (including a person entrusted with the authority of the Minister of Foreign Affairs pursuant to Article 22 of the Act and Article 24 of this Decree) shall collect information on health under Article 23 of the Personal Information Protection Act, data containing resident registration numbers and passport numbers under Article 19 of the Enforcement Decree of that Act and data containing personal location information necessary for tracking the location under subparagraph 2 of Article 2 of the Act on the Protection and Use, etc. of Location Information, where it is inevitable to perform the following affairs: | 1. | Affairs for consular assistance in criminal proceedings under Article 11 of the Act; |
| 2. | Affairs for consular assistance where an overseas Korean national suffers criminal damage under Article 12 of the Act; |
| 3. | Affairs for consular assistance in cases of death of an overseas Korean national under Article 13 of the Act; |
| 4. | Affairs for consular assistance to overseas Korean nationals who are minors or patients under Article 14 of the Act; |
| 5. | Affairs for consular assistance in cases of missing of an overseas Korean national under Article 15 of the Act; |
| 6. | Affairs for consular assistance in the event of an overseas crisis under article 16 of the act; |
| 7. | Affairs for the disposal of lost articles under Article 17 of the Act; |
| 8. | Affairs for bearing emergency support expenses and mobilizing means of transportation under Article 19 (1) of the Act; |
| 9. | Affairs for the support of overseas remittances under Article 19 (2) of the Act; |
| 10. | Affairs for mobilizing means of transportation under Article 19 (3) of the Act |
| Article 26 (Cooperation with Private Sector) |
| (1) | The Minister of Foreign Affairs shall endeavor to facilitate cooperation with the private sector in order to effectively provide consular assistance. |
| (2) | The Minister of Foreign Affairs may support the activities of or institutions or organizations related to consular assistance or consular personnel in order to strengthen the professionalism and competence of the State's consular assistance and consular personnel. |
| (3) | For consular assistance, the head of a diplomatic mission may commission a consular assistant or overseas legal expert who assists in emergency response, on-site response, etc. in case of an incident or accident involving nationals residing abroad. |
ADDENDUM <Act No. 31299, Dec. 29, 2020>
This Decree shall enter into force on January 16, 2021.
ADDENDA <No. 33704, Sep. 12, 2023>
This Decree shall enter into force on the date of its promulgation.