ENFORCEMENT DECREE OF THE SPECIAL ACT ON THE SUPPORT FOR KOREAN ATOMIC BOMB VICTIMS
Presidential Decree No. 28030, May 8, 2017
Amended by Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 34686, Jul. 9, 2024
| Article 2 (Matters to Be Consulted) |
| 1. | Operating housing and welfare facilities for victims; |
| 2. | Paying funeral expenses upon death of a victim; |
| 3. | Other matters that the Council for Support of Korean Atomic Bomb Victims under Article 3 (1) of the Act (hereinafter referred to as the “Council”) deems especially necessary for investigating status of victims and provide support for them, as matters equivalent to those specified in subparagraph 1 or 2. |
[Title Amended on Jul. 9, 2024]
| Article 3 (Composition of the Council) |
“Relevant public officials prescribed by Presidential Decree” in Article 3 (2) of the Act means the following persons: | 1. | Public officials at the director-general level of the Ministry of Economy and Finance, the Ministry of Foreign Affairs, and the Ministry of the Interior and Safety; |
| 2. | Public officials at the director-general level of the local government where the headquarters or branch of a victims’ organization is located. |
[This Article Wholly Amended on Jul. 9, 2024]
| Article 4 (Operation of the Council) |
| (1) | The chairperson of the Council (hereinafter referred to as the "Chairperson") shall represent the Council and exercise overall control over its affairs. <Amended on Jul. 9, 2024> |
| (2) | If the Chairperson is unable to perform his or her duties due to any unavoidable cause, the committee member designated by the Chairperson shall act on behalf of the Chairperson. |
| (3) | Upon request from at least 2 Council members or if the Chairperson deems necessary, the Chairperson shall convene and preside over a meeting. <Amended on Jul. 9, 2024> |
| (4) | The Council shall have 1 secretary who shall execute administrative affairs of the Council, and the secretary shall be appointed by the Chairperson from among Grade-III or Grade-IV public officials in charge of affairs related to victims in the Ministry of Health and Welfare. <Amended on Jul. 9, 2024> |
| (5) | Allowances, travel expenses, and other necessary expenses may be paid to members who attend a meeting of the Council, within the budget. <Amended on Jul. 9, 2024> |
[Title Amended on Jul. 9, 2024]
| Article 5 (Operating Rules) |
Except as provided in this Decree, details necessary for the composition and operation of the Council shall be prescribed by the rules of the Council. <Amended on Jul. 9, 2024>
| Article 5-2 (Organization of Advisory Group) |
| (1) | The advisory group under Article 3 (3) of the Act (hereinafter referred to as the "advisory group") shall be comprised of not more than 10 advisory members, including 1 head of the group. |
| (2) | The advisory members shall be the following persons: |
| 1. | Representatives of victims' organizations, representatives of organizations of descendants of victims, and the Secretariat of the Republic of Korea National Red Cross (hereinafter referred to as the "Republic of Korea National Red Cross") under the Organization of the Republic of Korea National Red Cross Act; |
| 2. | Persons commissioned by the Minister of Health and Welfare from among experts with abundant knowledge of and experience in related fields. In such cases, 2 experts recommended by victims' organizations shall be included therein. |
| (3) | The head of the advisory group (hereinafter referred to as the "head of the advisory group") shall be elected from among the advisory members. |
| (4) | Each advisory member under paragraph (2) 2 shall hold office for a term of 2 years. |
[This Article Added on Jul. 9, 2024]
| Article 5-3 (Operation of Advisory Group) |
| (1) | A meeting of the advisory group shall be convened when at least 2 members or the head of the advisory group request it or when the Minister of Health and Welfare deems it necessary, and the head of the advisory group shall preside over the meetings. |
| (2) | Meetings of the advisory group may be held in person or in writing. |
| (3) | Allowances, travel expenses, or other necessary expenses may be paid to advisory members within the budget. |
[This Article Added on Jul. 9, 2024]
| Article 6 (Investigations on Actual Conditions of Victims) |
| (1) | The matters subject to the investigations of actual conditions of victims under Article 7 (1) of the Act (hereinafter referred to as "investigations of actual conditions") are as follows: <Amended on Jul. 9, 2024> |
| 1. | Demographics of victims by age, by gender, and by region; |
| 2. | Composition, etc. of the household members who reside with a victim; |
| 3. | The level of victims' income, actual housing conditions of victims, etc.; |
| 4. | Health conditions of victims, management of health, etc.; |
| 5. | Other matters the Minister of Health and Welfare deems especially necessary for investigations on actual conditions as matters similar to those specified in subparagraphs 1 through 4. |
| (2) | An investigation of actual conditions shall be conducted in writing or face to face; provided,, if the Minister of Health and Welfare deems necessary, documentary investigations, written questionnaires, or online surveys through information and communication networks, etc. may be conducted concurrently. <Amended on Jul. 9, 2024> |
| (3) | If the Minister of Health and Welfare deems necessary for efficiently conducting an investigation of actual conditions, it may request a related research institute, an organization, or an expert to conduct the investigation on its behalf. <Amended on Jul. 9, 2024> |
| (4) | If the Minister of Health and Welfare deems necessary for supporting and protecting victims, it may disclose the outcomes of an investigation of actual conditions. <Amended on Jul. 9, 2024> |
| Article 7 (Registration of Victims) |
| (1) | A person who intends to apply for registration as a victim pursuant to Article 9 (1) of the Act shall file an application for registration as a victim (or an application as an electronic document) with the Minister of Health and Welfare, along with the following documents (or electronic documents); in such cases, the Minister of Health and Welfare shall verify the transcript of the applicant's resident registration card by matching the document against administrative information available for sharing under Article 36 (1) of the Electronic Government Act or shall require the applicant to submit an transcript of the resident registration card, if the applicant does not consent to such verification: <Amended on Jul. 9, 2024> |
| 1. | One set of documents evidencing the applicant is a victim; |
| 2. | One copy of a bank deposit book in the applicant's name; |
| 3. | One photo (referring to a color photo of a frontal bust shot, 3.5 cm wide by 4.5 cm long, taken with no hat within six months before the date of submission). |
| (2) | When the Minister of Health and Welfare determines whether to accept an application for the registration of a victim under paragraph (1), it shall give written or electronic notice to the applicant of the details thereof. If the applicant is identified as a victim in such cases, the Minister shall issue a certificate of registration of a victim to the applicant. <Amended on Jul. 9, 2024> |
| (3) | When the Minister of Health and Welfare issues a certificate of registration of a victim pursuant to the latter part of paragraph (2), it shall record the details thereof in the register of victims. <Amended on Jul. 9, 2024> |
| Article 8 (Reporting of Changes) |
| (1) | A person who intends to report a change in personal information of a victim pursuant to Article 10 (1) of the Act shall submit a report (or a report as an electronic document) on the change in the victim to the Minister of Health and Welfare within 15 days from the date such change occurs, along with the following documents (or electronic documents): <Amended on Jul. 9, 2024> |
| 1. | One set of documents evidencing the change; |
| 2. | One set of a certificate of the victim's family relationship (applicable only where a report is filed by a family member or a surviving family member of the victim). |
| (2) | If the Minister of Health and Welfare deems necessary for processing a report on a change submitted pursuant to Article 10 (1) of the Act, it may request the reporting person to submit supplementary or additional documents and may request cooperation by the head of a relevant central administrative agency or the head of a local government. <Amended on Jul. 9, 2024> |
| (3) | If a change reported pursuant to Article 10 (1) is lawful, the Minister of Health and Welfare shall amend the register of victims according to the report. If a change occurs regarding any of the matters referred to in Article 10 (1) 4 of the Act, the Minister shall issue a new certificate of registration to the victim. <Amended on Jul. 9, 2024> |
| (4) | "Change in the personal information specified by Presidential Decree" in Article 10 (1) 4 of the Act means a change in any of the following matters: |
| 4. | Resident registration number. |
| Article 9 (Items of Thorough Medical Checkups) |
"Thorough medical checkups specified by Presidential Decree" in the main sentence of Article 13 (1) of the Act means the following examinations: <Amended on Jul. 9, 2024> | 2. | Test of hypothyroidism or hyperparathyroidism; |
| 4. | Myocardial infarction test; |
| 6. | Other tests the Minister of Health and Welfare deems especially necessary for protecting victims' health as similar to tests specified in subparagraphs 1 through 5. |
| Article 10 (Periodic Medical Examinations and Thorough Medical Checkups) |
| (1) | The periodic medical examinations and thorough medical checkups under Article 13 (1) of the Act shall be conducted by the medical institution designated by the Minister of Health and Welfare pursuant to Article 12 (3) (hereinafter referred to as "designated medical institution"). <Amended on Jul. 9, 2024> |
| (2) | The Minister of Health and Welfare shall notify each victim registered under Article 9 of the Act (hereinafter referred to as "registered victim") of the details of the periodic medical examination and thorough medical checkups for the following year, including information about the designated medical institution, by not later than December 31 annually. <Amended on Jul. 9, 2024> |
| (3) | A registered victim who wishes to undergo a periodic medical examination or a thorough medical checkup pursuant to Article 13 (1) of the Act shall submit the following documents to the designated medical institution: |
| 1. | For a periodic medical examination, the following documents: |
| (a) | One copy of the certificate of registration of the victim; |
| (b) | One copy of the resident registration certificate or driver's license; |
| 2. | For a thorough medical checkup, the following documents: |
| (a) | One copy of the certificate of registration of the victim; |
| (b) | One copy of the resident registration certificate or driver's license; |
| (c) | One set of a physician's written opinion that the thorough medical checkup is necessary. |
| (4) | The designated medical institution that has conducted periodic medical examinations or thorough medical checkups pursuant to Article 13 (1) of the Act shall submit the following documents to the Minister of Health and Welfare quarterly: <Amended on Jul. 9, 2024> |
| 1. | For periodic medical examinations, the following documents: |
| (a) | One set of a statement of expenses of the periodic medical examination for each registered victim; |
| (b) | One copy of the report on the periodic medical examination for each registered victim; |
| 2. | For thorough medical checkups, the following documents: |
| (a) | One set of a statement of expenses of the thorough medical checkups for each registered victim; |
| (b) | One copy of the report on the thorough medical checkups for each registered victim; |
| (c) | One copy of a physician's written opinion issued pursuant to paragraph (3) 2 (c) for each registered victim. |
| Article 11 (Payment of Medical Care Benefits) |
| (1) | The medical care benefits under Article 13 (2) 1 through 4 of the Act (hereafter referred to as "medical care benefits" in this Article) shall be paid within the limits determined by the Minister of Health and Welfare on annual payments, within the budget, but shall be paid according to the amount borne by each registered victim, out of the health care benefits under the National Health Insurance Act. |
| (2) | A registered victim who wishes to obtain medical care benefits shall file an application for medical care benefits (or an application as an electronic document) with the Minister of Health and Welfare within three months from the date the cause of payment arises, along with documents (or electronic documents) detailing medical expenses; provided,, if a victim is unable to file an application within three months due to hospitalization for a long period or any other extenuating circumstance, he/she shall file the application within two months from the date on which the relevant event ceases. |
| (3) | If the Minister of Health and Welfare deems necessary for efficiently paying medical care benefits, he/she may request a registered victim or the head of a related medical institution to present documents or state an opinion. |
| (4) | When the Minister of Health and Welfare pays medical care benefits to a registered victim, he/she shall deposit the payment in the bank account designated by the victim as an account in the victim's name. |
| (5) | Except as otherwise expressly provide for in paragraphs (1) through (4), detailed matters necessary for paying medical care benefits shall be determined and publicly notified by the Minister of Health and Welfare. |
| Article 12 (Payment of Medical Treatment Allowances) |
| (1) | The medical treatment allowances under Article 13 (2) 5 of the Act (hereafter in this Article referred to as "medical treatment allowances") shall be paid within annual payment limits determined by the Minister of Health and Welfare, within the budget. |
| (2) | Medical treatment allowances shall be paid to registered victims in equal quarterly installments and shall be deposited in the bank account designated by each registered victim as an account in the victim's name. |
| (3) | Except as otherwise expressly provide for in paragraphs (1) and (2), detailed matters necessary for paying medical treatment allowances shall be determined and publicly notified by the Minister of Health and Welfare. |
| Article 12-2 (Entrustment of Business Affairs) |
Pursuant to Article 20 (2) of the Act, the Minister of Health and Welfare shall entrust the following affairs to the Republic of Korea National Red Cross: | 1. | Registration of victims under Article 9 (1) of the Act; |
| 2. | Receipt of reporting of changes under Article 10 (1) of the Act; |
| 3. | Provision of medical assistance under Article 12 (1) of the Act and designation of medical institutions under Article 12 (3) of that Article; |
| 4. | Performance of periodic medical examinations and thorough medical checkups under Article 13 (1) of the Act. |
[This Article Added on Jul. 9, 2024]
| Article 13 (Processing of Sensitive Information and Personally Identifiable Information) |
The Minister of Health and Welfare (including the institutions to which the Minister's authority and business affairs are delegated or entrusted pursuant to Article 20 (1) and (2) of the Act) or a designated medical institution may, if unavoidable for performing the following administrative work, process information about health under Article 23 of the Personal Information Protection Act and documents containing resident registration numbers or driver's license numbers under subparagraph 1 or 3 of Article 19 of the Enforcement Decree of that Act: <Amended on Jul. 9, 2024> | 1. | Administrative work for affairs of the Council under the subparagraphs of Article 3 (1) of the Act; |
| 2. | Administrative work for investigating actual conditions of victims under Article 7 of the Act; |
| 3. | Administrative work for registering victims under Article 9 (1) of the Act; |
| 4. | Administrative work for reporting a change under Article 10 (1) of the Act; |
| 5. | Administrative work for periodic medical examinations and thorough medical checkups under Article 13 (1) of the Act; |
| 6. | Administrative work for paying medical expenses under Article 13 (2) of the Act. |
ADDENDUM <Presidential Decree No. 28030, May 8, 2017>
This Decree shall enter into force on May 30, 2017.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among the Presidential Decrees amended by Article 8 of the Addenda, the amendment to a Presidential Decree, which was promulgated before this Decree enters into force but the enforcement date of which has yet to arrive, shall enter into force on the date the relevant Presidential Decree enters into force.
ADDENDUM <Presidential Decree No. 34686, Jul. 9, 2024>
This Decree shall enter into force on July 10, 2024.