The purpose of this Decree is to prescribe matters mandated by the Emergency Aid and Support Act and matters necessary for the enforcement thereof. [This Article Wholly Amended on May 28, 2009]
| Article 1-2 (Scope of foreigners in need of emergency aid) |
Pursuant to Article 5-2 of the Emergency Aid and Support Act (hereinafter referred to as the “Act”), a foreigner eligible for emergency aid under Article 5 of the Act (hereinafter referred to as “person in need of emergency aid) shall be any of the following persons: <Amended on Mar. 15, 2010; Dec. 28, 2012> | 1. | A person married to a Republic of Korea national; |
| 2. | A person who has been divorced from a spouse who is a Republic of Korea national or whose spouse is deceased, and who is caring for a lineal ascendant or descendant with a Republic of Korea nationality; |
| 4. | A person who has suffered damage from a fire, crime, or natural disaster without any fault of his or her own; |
| 5. | Other persons deemed by the Minister of Health and Welfare to require urgent support. |
[This Article Added on May 28, 2009]
| Article 1-3 (Submission of written consent to provision of financial information) |
| (1) | “Unconscious or due to other reasons prescribed by Presidential Decree” in the proviso, with the exception of the subparagraphs, of Article 8-2 of the Act means any of the following cases: <Added on Jun. 1, 2015> |
| 1. | Where the person is unconscious; |
| 2. | Where the person lacks capacity to make decisions due to mental disorder, etc.; |
| 4. | Other cases similar to those specified in subparagraphs 1 through 3, which fall under the grounds determined by the Minister of Health and Welfare. |
| (2) | “Average balance of deposits ... and other data or information prescribed by Presidential Decree” in subparagraph 1 of Article 8-2 of the Act means the following: <Amended on Jun. 1, 2015; Jun. 5, 2018> |
| 1. | Demand deposits, such as ordinary deposits, savings deposits, free savings deposits, or foreign currency deposits: Average balance for the last three months; |
| 2. | Time and savings deposits, such as time deposits, installment savings deposits, or installment savings: Deposit balance or the total deposit amount; |
| 4. | Bonds, bills, checks, debt instruments, certificates of preemptive right, or certificates of deposit: Face value amounts; |
| 5. | Annuity savings: Amount paid regularly or the final balance; |
| (3) | “Amount of debts ... and other data or information prescribed by Presidential Decree” in subparagraph 2 of Article 8-2 of the Act means the following: <Amended on Jun. 1, 2015> |
| 1. | Current state of loans and details of delinquent loans; |
| 2. | Outstanding credit card balance. |
| (4) | "Insurance premiums ... and other data or information prescribed by Presidential Decree" in subparagraph 3 of Article 8-2 of the Act means the following: <Amended on Jun. 1, 2015> |
| 1. | Insurance policies: The amount of redemption to receive at the time of surrender, or insurance money paid within the last one year; |
| 2. | Annuity insurance: The amount of redemption to receive at the time of surrender, or amount paid regularly. |
[This Article Added on May 28, 2009]
[Title Amended on Jun. 1, 2015]
| Article 2 (Livelihood aid) |
| (1) | Persons eligible for livelihood aid under Article 9 (1) 1 (a) of the Act shall be those eligible for emergency aid who have difficulty in maintaining their livelihood due to any of the reasons referred to in the subparagraphs of Article 2 of the Act. |
| (2) | The head of a Si (including the head of an administrative Si under Article 11 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply)/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) shall disburse an amount set in accordance with the standards determined and publicly notified by the Minister of Health and Welfare in consideration of the number of household members, etc. to persons in need of emergency aid under paragraph (1); provided, where it is deemed inappropriate to disburse cash, such as where a person in need of emergency aid is unable to purchase goods due to difficulty in mobility, an equivalent payment may be made in kind. <Amended on Mar. 15, 2010; Jan. 22, 2016> |
| (3) | If the head of a Si/Gun/Gu disburses cash pursuant to the main clause of paragraph (2), he or she shall deposit the relevant amount into the account of a person in need of emergency aid held at a financial institution or a postal service agency; provided, where a person in need of emergency aid resides in an area without access to a financial institution or a postal service agency or due to any other unavoidable cause, the head of the Si/Gun/Gu may directly provide the relevant amount to the person in need of emergency aid in cash. |
[This Article Wholly Amended on May 28, 2009]
| (1) | Persons eligible for medical aid under Article 9 (1) 1 (b) of the Act shall be those in need of emergency aid who have difficulty bearing medical expenses due to a reason referred to in subparagraph 2 of Article 2 of the Act. |
| (2) | The head of a Si/Gun/Gu shall require any of the following medical institutions or pharmacies (hereinafter referred to as "medical institutions, etc.") to provide medical services, such as examinations and medical treatment, to persons in need of emergency aid under paragraph (1): |
| (3) | The head of a Si/Gun/Gu shall reimburse medical institutions, etc. for the cost of providing the relevant medical services to persons in need of emergency aid not exceeding the amount determined and publicly notified by the Minister of Health and Welfare in consideration of the co-payment, etc. under the National Health Insurance Act and the Medical Care Assistance Act. <Amended on Mar. 15, 2010> |
[This Article Wholly Amended on May 28, 2009]
| (1) | Persons eligible for shelter support under Article 9 (1) 1 (c) of the Act shall be those in need of emergency aid, who are deemed to require temporary shelter provision or support for housing expenses due to reasons referred to in any subparagraph of Article 2 of the Act. |
| (2) | The head of a Si/Gun/Gu shall provide a person in need of emergency aid under paragraph (1) with temporary shelter; provided, where it is impracticable to provide temporary shelter, the head of a Si/Gun/Gu may pay expenses incurred in securing shelter for the person in need of emergency aid. |
| (3) | If the head of a Si/Gun/Gu provides temporary shelter not owned by the State or a local government among temporary shelters under the main clause of paragraph (2), he or she shall pay expenses incurred in providing such temporary residence to the owner or manager of the relevant temporary residence in accordance with the standards determined and publicly notified by the Minister of Health and Welfare in consideration of the area, etc. <Amended on Mar. 15, 2010> |
[This Article Wholly Amended on May 28, 2009]
| Article 5 (Support for use of social welfare facilities) |
| (1) | Persons eligible for support for the use of social welfare facilities under Article 9 (1) 1 (d) of the Act shall be those in need of emergency aid who are deemed to require services provided by social welfare facilities due to reasons referred to any subparagraph of Article 2 of the Act. |
| (2) | The head of a Si/Gun/Gu shall allow persons in need of emergency aid under paragraph (1) to admit to or use social welfare facilities, and shall cover expenses incurred by a person operating such facilities for the admission to or use of them within the limit of an amount determined and publicly notified by the Minister of Health and Welfare in consideration of, among other things, the number of persons admitted to, or using such facilities; provided, where it is deemed inappropriate to provide such expenses to a person operating such facilities, the head of a Si/Gun/Gu may pay an amount necessary for the use of such facilities to the person in need of emergency aid. <Amended on Mar. 15, 2010> |
[This Article Wholly Amended on May 28, 2009]
| Article 5-2 (Educational aid) |
| (1) | Persons eligible for educational aid under Article 9 (1) 1 (e) of the Act shall be those deemed to require subsidization of educational expenses for reasons falling under any subparagraph of Article 2 of the Act, from among persons in need of emergency aid enrolled in or attending schools or facilities falling under any of the following subparagraphs: <Amended on Dec. 28, 2012> |
| 6. | School-type lifelong educational establishments under Article 31 of the Lifelong Education Act (limited to establishments recognized as having educational attainment equivalent to graduation from elementary schools, middle schools, and high schools) |
| (2) | The head of a Si/Gun/Gu shall provide tuition fees, admission fees, contributions for school management, expenses for school supplies, etc. (hereinafter referred to as "school expenses") to persons in need of emergency aid under paragraph (1) in the form of money or goods in accordance with the standards determined and publicly notified by the Minister of Health and Welfare in consideration of the types of schools, facilities, etc. <Amended on Mar. 15, 2010> |
| (3) | If the head of a Si/Gun/Gu disburses money pursuant to paragraph (2), he or she shall deposit the relevant amount into the account of a person in need of emergency aid held at a financial institution or a postal service agency; provided, where a person in need of emergency aid resides in an area without access to a financial institution or a postal service agency or due to any other unavoidable cause, the head of the Si/Gun/Gu may directly provide the relevant amount to the person in need of emergency aid in cash. |
| (4) | Notwithstanding paragraph (3), if unavoidable to fulfill the purpose of educational assistance, the head of a Si/Gun/Gu may directly pay tuition fees, etc. or provide school supplies, etc. in kind. |
| (5) | In subsidizing school expenses pursuant to paragraph (2), the head of a Si/Gun/Gu shall pay the portion of the expenses applicable for the quarter in which the application date falls based on the quarterly period prescribed by Ministerial Decree of Health and Welfare. <Amended on Mar. 15, 2010> |
[This Article Added on May 28, 2009]
| (1) | The types of other aid under Article 9 (1) 1 (f) of the Act shall include fuel expenses, dissolution expenses, and other support determined by the Minister of Health and Welfare. <Amended on Mar. 15, 2010> |
| (2) | The head of a Si/Gun/Gu shall provide subsidies under paragraph (1) to persons in need of emergency aid within the limit of the amount determined and publicly notified by the Minister of Health and Welfare; provided, where it is deemed inappropriate to pay cash given the nature of the aid, the head of a Si/Gun/Gu may provide in-kind support to the persons in need of emergency aid. <Amended on Mar. 15, 2010> |
[This Article Wholly Amended on May 28, 2009]
| Article 7 (Timing and standards for ex post facto investigations) |
| (1) | The head of a Si/Gun/Gu shall complete an ex post facto investigation under Article 13 (1) of the Act within one month from the date of determining aid under the former part of Article 8 (3) of the Act; provided this shall not apply to investigations related to finance under Article 13 (2) of the Act, which are conducted as part of the ex post facto investigation. <Amended on Jun. 1, 2015> |
| (2) | “Criteria prescribed by Presidential Decree concerning income, property, or other relevant matters” in Article 13 (1) of the Act means meeting all of the following requirements: <Amended on Mar. 15, 2010; Dec. 28, 2012; Jun. 28, 2013; Jun. 1, 2015> |
| 2. | The total value of property and financial assets shall not exceed the amount determined and publicly notified by the Minister of Health and Welfare, respectively. |
| (3) | The specific scope of income, property, or financial assets under paragraph (2) shall be prescribed by Ministerial Decree of Health and Welfare. <Amended on Mar. 15, 2010> |
[This Article Wholly Amended on May 28, 2009]
| Article 7-2 (Methods of applying for emergency aid accounts) |
| (1) | A person who intends to receive money to be paid to a person in need of emergency aid pursuant to the main clause of Article 9-2 (1) of the Act (hereinafter referred to as "emergency aid money") through a designated account held in the name of the person in need of emergency aid (hereinafter referred to as "emergency aid account") shall file an application for deposit into an emergency aid account (including an application in electronic form) prescribed by Ministerial Decree of Health and Welfare with the head of the competent Si/Gun/Gu, along with a copy of a passbook showing his or her account number. |
| (2) | “Unavoidable cause prescribed by Presidential Decree” in the proviso of Article 9-2 (1) of the Act means where a person in need of emergency aid resides in an area without access to a financial company or post office. |
| (3) | If the head of a Si/Gun/Gu is unable to transfer emergency aid money to an emergency aid account pursuant to the proviso of Article 9-2 (1) of the Act, he or she may directly pay such amount to the person in need of emergency aid in cash. |
| (4) | The head of a Si/Gun/Gu shall inform persons in need of emergency aid of the procedures for filing an application under paragraph (1) and other relevant information. |
[This Article Added on Jun. 1, 2015]
| Article 8 (Request for and provision of financial information) |
| (1) | If the Minister of Health and Welfare requests the head of a financial institution, etc. (referring to a financial company, etc. defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and a centralized credit information collection agency under Article 25 (2) 1 of the Credit Information Use and Protection Act; hereinafter the same shall apply) to provide financial, credit, and insurance information (hereinafter referred to as "financial information, etc.") regarding persons in need of emergency aid and their household members pursuant to Article 13 (3) of the Act, he or she shall do so in writing stating the following matters: <Amended on Oct. 1, 2009; Mar. 15, 2010; Dec. 28, 2012; Aug. 4, 2020> |
| 1. | Names and resident registration numbers of persons in need of emergency aid and their household members; |
| 2. | Scope of financial information, etc. requested, base inquiry date, and inquiry period. |
| (2) | Upon receiving a request under paragraph (1), the head of a financial institution, etc. shall provide the relevant financial information, etc. in writing, specifying the following matters: |
| 1. | Names and resident registration numbers of persons in need of emergency aid and their household members; |
| 2. | Names of the financial institutions, etc. providing financial information, etc.; |
| 3. | Names of the financial instruments to be provided and account numbers. |
| 4. | Details of financial information, etc. |
| (3) | The Minister of Health and Welfare may request the head of a financial institution, etc. to provide financial information, etc. under paragraph (1) to the head of the relevant financial institution, etc. through the information and communications network of an association, federation, or central association affiliated with the financial institution, etc. <Amended on Mar. 15, 2010> |
[This Article Wholly Amended on May 28, 2009]
| Article 9 (Processing Sensitive Information and Personally Identifiable Information) |
The Minister of Health and Welfare or the head of a Si/Gun/Gu may process information on health under Article 23 of the Personal Information Protection Act or data containing resident registration numbers, passport numbers, driver’s license numbers, or alien registration numbers under Article 19 of the Enforcement Decree of that Act, if unavoidable to perform the following affairs: | 1. | On-site verification and support under Article 8 of the Act; |
| 2. | Ex post facto Investigations under Article 13 of the Act. |
[This Article Added on May 3, 2022]
ADDENDA <Presidential Decree No. 19397, Mar. 23, 2006>
| (1) | (Enforcement date) This Decree shall enter into force on March 24, 2006. |
| (2) | Deleted. <May 28, 2009> |
ADDENDA <Presidential Decree No. 20474, Dec. 28, 2007>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2008.
Article 2 (Applicability to standards for ex post facto investigations)
The amended provisions of Article 7 (2) shall begin to apply to those who receive emergency aid after this Decree enters into force.
ADDENDA <Presidential Decree No. 20679, Feb. 29, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 21319, Feb. 6, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 7 (2) 2 shall begin to apply where the head of a Si/Gun/Gu determines the types and details of support and provides support after this Decree enters into force.
ADDENDUM <Presidential Decree No. 21508, May. 28, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21765, Oct. 1, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24282, Dec. 28, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on January 23, 2013; provided, the amended provisions of subparagraph 3 of Article 1-2 shall enter into force on July 1, 2013. Article 2 (Applicability to income standards for livelihood aid)
The amended provisions of the proviso of Article 7 (2) 1 shall begin to apply to reviews of the appropriateness of emergency aid conducted after this Decree enters into force.
ADDENDA <Presidential Decree No. 24648, Jun. 28, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article (Applicability to livelihood aid)
The amended provisions of the proviso of Article 7 (2) 1 shall begin to apply to investigations into whether emergency aid is appropriate pursuant to Article 13 (1) of the Act after this Decree enters into force. Article 3 (Transitional Measures concerning Expiration of Application Deadline for Income Standards for Livelihood Aid)
The amended provisions of the proviso of Article 7 (2) 1 shall also apply where a request for, or a report on, emergency aid under Article 7 of the Act is made or filed until December 31, 2013 and subsequently, an investigation is conducted into the appropriateness of the relevant aid pursuant to Article 8 (3) of the Act.
ADDENDA <Presidential Decree No. 26296, Jun. 1, 2015>
Article 1 (Enforcement date)
This Decree shall enter into force on July 1, 2015; provided, the amended provisions of Article 7 (2) 1 shall enter into force on the date of its promulgation. Article 2 (Applicability to income standards for ex post facto investigations)
The amended provisions of the main clause of Article 7 (2) 1 shall also apply where an investigation is conducted into the appropriateness of emergency aid for persons in need of emergency aid who already received or are receiving emergency aid as of December 31, 2015 pursuant to Article 13 (1) of the Act after January 1, 2016; provided, the amended provisions of the proviso of Article 7 (2) 1 shall apply where it is favorable to a person in need of emergency aid to conduct an examination into the appropriateness of emergency aid under the amended provisions of the proviso to Article 7 (2) 1.
ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on January 25, 2016.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 28946, Jun. 5, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30893, Aug. 4, 2020>
Article 1 (Enforcement date)
| (1) | This Decree shall enter into force on August 5, 2020. (Proviso Omitted.) |
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 32620, May 3, 2022>
This Decree shall enter into force on the date of its promulgation.