The purpose of this Decree is to prescribe matters mandated by the Act on Protection, Support, Commemorative Projects for Sexual Slavery Victims for the Japanese Imperial Army and matters necessary for the enforcement thereof. <Amended on Jun. 5, 2018>
[This Article Wholly Amended on Feb. 28, 2012]
| Article 2 (Application for registration) |
| (1) | A person who intends to become a person eligible for livelihood stability support pursuant to Article 3 (1) of the Act on Protection, Support Commemorative Projects for Sexual Slavery Victims Drafted for the Japanese Imperial Army under the Japanese Imperial Army (hereinafter referred to as the "Act") or his or her guardian shall submit an application for registration of persons eligible for livelihood stability support in attached Form 1 (including an application in electronic form) to the Minister of Gender Equality and Family, along with the following documents (including electronic documents); in such cases, the Minister of Gender Equality and Family shall verify a certified copy of the applicant's resident registration card (applicable only to residents of the Republic of Korea) through administrative data matching under Article 36 (1) of the Electronic Government Act, and if the applicant does not consent to the verification, the Minister shall require him or her to attach the certified copy of the resident registration card: <Amended on Sep. 11, 2014; Jun. 5, 2018> |
| 2. | Data attesting to guardianship (limited to cases where a guardian files an application on behalf of the person pursuant to the proviso of Article 3 (1) of the Act); |
| 3. | Other materials verifying the application. |
| (2) | The guardian under the proviso of Article 3 (1) of the Act shall be a person obligated to support the applicant, a legal guardian, the head of a protection facility for sexual slavery victims drafted for the Japanese Imperial Army under Article 5-2 (1) of the Act, or a person who provides de-facto protection to these victims. <Newly Inserted on Sep. 11, 2014> |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 3 (Determination of persons eligible for livelihood stability support) |
| (1) | Upon receiving the documents under Article 2, the Minister of Gender Equality and Family shall determine persons eligible for livelihood stability support following deliberation by the Deliberation Committee for Support and Commemorative Project for Sexual Slavery Victims Drafted for Japanese Imperial Army prescribed in Article 6 of the Act (hereinafter referred to as the "Deliberation Committee"). <Amended on Feb. 28, 2012; Jun. 5, 2018> |
| (2) | Deleted. <Jun. 13, 2003> |
| (3) | Once the Minister of Gender Equality and Family makes a decision under paragraph (1), a notice of determination of eligible persons prescribed in attached Form shall be given to the applicant clearly stating the details of the decision; provided, if the applicant has requested for an alternative method of notification, the Minister may deliver the notice through the preferred method specified by the applicant. <Amended on Feb. 28, 2012> |
The Minister of Gender Equality and Family shall register persons determined to be eligible for livelihood stability support in the register of eligible persons in attached Form 3.
[This Article Wholly Amended on Feb. 28, 2012]
| Article 5 (Details of support) |
Support provided to persons eligible for livelihood stability support pursuant to Articles 4 and 5 of the Act shall include the following: <Amended on Jun. 5, 2018; Dec. 8, 2020> | 2-2. | Coverage for expenses to be paid by the person and expenses ineligible for benefits under the Medical Benefit Act; |
| 3. | Subsidies for livelihood stability under Article 4 (1) 4 of the Act; |
| 4. | Nursing services under Article 4 (1) 5 of the Act; |
| 4-2. | Funeral expenses under Article 4 (1) 6 of the Act; |
| 5. | Preferential occupancy in rental houses under Article 5 of the Act. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 6 (Standards for payment of subsidies for livelihood stability) |
| (1) | Subsidies for livelihood stability under Article 4 (1) 4 of the Act shall be paid separately either as a lump sum or on a monthly basis. <Amended on Dec. 8, 2020> |
| (2) | The amount of lump-sum payment shall be sufficient to cover necessary housing expenses, etc., but the specific amount shall be determined by the Minister of Gender Equality and Family following deliberation by the Deliberation Committee. |
| (3) | Each year, the Minister of Gender Equality and Family shall determine the amount of the monthly subsidy following deliberation by the Deliberation Committee, taking into account the minimum cost of living, price fluctuations, etc. |
| (4) | The lump-sum payment shall be made together on the date of the first monthly subsidy payment. |
| (5) | The monthly subsidy shall be paid on the 15th of each month, but if the payment date falls on a Saturday or a national holiday, the subsidy shall be paid on the preceding day. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 7 (Time when the right to receive subsidies for livelihood stability arises) |
The right to receive subsidies for livelihood stability begins in the month which includes the date of determination and registration under Article 3 of the Act and Articles 3 and 4 of this Decree. [This Article Wholly Amended on Feb. 28, 2012]
| Article 7-2 (Standards for nursing services) |
| (1) | Any of the following persons shall be eligible for nursing services under Article 4 (1) 5 of the Act: <Amended on Dec. 8, 2020> |
| 2. | A person suffering from a serious geriatric disease, such as dementia or stroke. |
| (2) | Nursing services under paragraph (1) shall be provided through payment of nursing expenses; in such cases, a person seeking nursing services shall submit an application for payment of nursing expenses in attached Form 4 to the Minister of Gender Equality and Family, accompanied by the following documents: |
| 1. | A copy of the statement of medical expenses (only applicable to persons hospitalized and receiving treatment in a medical institution established pursuant to Article 3 of the Medical Service Act); |
| 2. | A copy of a medical examination certificate (only applicable to persons deemed in need of nursing services due to a serious geriatric disease, such as dementia or stroke). |
| (3) | Upon receiving an application for the payment of nursing expenses under paragraph (2), the Minister of Gender Equality and Family shall pay such expenses to a person deemed in need of nursing services after verifying their eligibility. |
| (4) | The amount of nursing expenses payable under paragraph (2) shall be determined each year by the Minister of Gender Equality and Family, taking into consideration the Government's financial status, actual nursing expenses, etc. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 7-3 (Standards and methods for subsidizing funeral expenses) |
| (1) | Funeral expenses under Article 4 (1) 6 of the Act shall be the amount necessary for funeral, which shall be determined by the Minister of Gender Equality and Family following deliberation by the Deliberation Committee. <Amended on Dec. 8, 2020> |
| (2) | A person seeking funeral expenses under paragraph (1) shall submit an application for payment of funeral expenses in attached Form 6 (including an application in electronic form) to the Minister of Gender Equality and Family, along with the following documents, after actually conducting funeral services: <Amended on Jan. 5, 2021> |
| 2. | Documents verifying the payment of expenses, such as a copy of the receipt of funeral expenses. |
| (3) | Upon receiving an application under paragraph (2), the Minister of Gender Equality and Family shall pay funeral expenses in lump sum after verifying that the funeral service was held and the expenses of the funeral incurred. |
[This Article Newly Inserted on Jun. 5, 2018]
| Article 8 (Composition of the Deliberation Committee) |
| (1) | The Deliberation Committee shall consist of 15 members, including 1 chairperson and 1 vice chairperson. |
| (2) | The Vice Minister of Gender Equality and Family shall serve as the chairperson of the Deliberation Committee (hereinafter referred to as the "chairperson"); the director general of the Women's and Youth Rights Promotion Bureau of the Ministry of Gender Equality and Family shall serve as the vice chairperson; and the following persons shall serve as members of the Deliberation Committee: <Amended on Mar. 23, 2013; Apr. 11, 2023> |
| 1. | One person, each holding a position designated by the head of his or her agency, from among members of the Senior Executive Service within the Ministry of Economy and Finance, the Ministry of Foreign Affairs, the Ministry of Justice, the Ministry of Patriots and Veterans Affairs, and the Ministry of Health and Welfare; |
| 2. | A person commissioned by the Minister of Gender Equality and Family who possesses abundant knowledge and experience regarding the harm suffered by sexual slavery victims drafted for the Japanese Imperial Army. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 9 (Term of office of members) |
Each member shall hold office for a term of 2 years and may be reappointed only once.
[This Article Wholly Amended on Feb. 28, 2012]
| Article 10 (Duties of chairperson) |
| (1) | The chairperson shall represent the Deliberation Committee and exercise general supervision over its affairs. |
| (2) | The vice chairperson shall assist the chairperson and, when the chairperson is unable to perform his or her duties due to any unavoidable cause, the vice chairperson shall act on behalf of the chairperson. |
[This Article Wholly Amended on Feb. 28, 2012]
| (1) | The chairperson shall convene and preside over meetings of the Deliberation Committee. |
| (2) | A majority of the members of the Deliberation Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 12 (Executive secretary) |
| (1) | The Deliberation Committee shall have 1 executive secretary, who shall be appointed by the chairperson from among public officials of the Ministry of Gender Equality and Family. |
| (2) | The executive secretary shall handle the Deliberation Committee's affairs under the direction of the chairperson. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 13 (Allowances and travel expenses) |
| (1) | Allowances may be paid to members who attend meetings within the budget; provided, this shall not apply where a member who is a public official attends a meeting in direct connection with his or her duties. |
| (2) | Travel expenses and actual expenses may be paid to witnesses or relevant persons who attend a meeting pursuant to Article 7 of the Act within the budget. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 14 (Detailed operational rules) |
Except as provided in this Decree, matters necessary for the operation of the Deliberation Committee shall be determined by the chairperson, subject to resolution by the committee.
[This Article Wholly Amended on Feb. 28, 2012]
| Article 15 (Fact-finding survey) |
| (1) | A fact-finding survey under Article 10 of the Act shall be conducted each October by visiting the residences of persons eligible for livelihood stability support and interviewing them. |
| (2) | The fact-finding survey referred to in paragraph (1) shall cover matters relating to the income level, family situation, health conditions, and residential status of persons eligible for livelihood stability support. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 16 (Erection of memorial hall) |
If a local government intends to erect a memorial hall as part of a commemorative project under Article 11 (1) 1 of the Act, it shall have a prior consultation with the Minister of Gender Equality and Family regarding the scale of the memorial hall and the scope of data to be collected and managed. [This Article Wholly Amended on Feb. 28, 2012]
| Article 16-2 (Support for reinstatement of nationality) |
| (1) | If the Minister of Gender Equality and Family intends to support a sexual slavery victim drafted for the Japanese Imperial Army who resides in a foreign country without reinstating her nationality of the Republic of Korea pursuant to Article 11-3 of the Act, the Minister shall establish an investigation team to assess the relevant facts. <Amended on Jun. 5, 2018> |
| (2) | The investigation team referred to in paragraph (1) shall consist of up to 5 persons, including at least 1 civilian expert, and matters necessary for the composition and operation of the investigation team shall be determined by the Minister of Gender Equality and Family. |
| (3) | If the investigation team under paragraph (1) finds that sexual slavery victims drafted for the Japanese Imperial Army residing abroad without reinstating their nationality of the Republic of Korea desire to regain their nationality or visit their homeland, the Minister of Gender Equality and Family shall consult with the heads of relevant central administrative agencies to provide support for their reinstatement or visit. |
| (4) | If a sexual slavery victim drafted for the Japanese Imperial Army residing in a foreign country without reinstating her nationality files an application for reinstatement of the nationality, the Minister of Gender Equality and Family may provide a subsidy equivalent to the monthly livelihood stability subsidy under Article 6 following deliberation by the Deliberation Committee. |
| (5) | The subsidy referred to in paragraph (4) shall be provided from the month in which the sexual slavery victim drafted for the Japanese Imperial Army residing abroad without reinstating the nationality applies for the reinstatement until the month in which permission for the reinstatement is granted; provided, if the application is rejected or if reinstatement is deemed impracticable, the Minister of Gender Equality and Family may suspend the payment of the subsidy. |
| (6) | If a person who receives a subsidy under paragraph (4) applies for registration under Article 2 after obtaining permission to reinstate her nationality, the Minister of Gender Equality and Family shall immediately register her as eligible for livelihood stability support under Article 4 and provide support under the Act. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 16-3 (Legal counseling services) |
| (1) | If a sexual slavery victim drafted for the Japanese imperial army or his or her legal representative needs legal counseling services, legal representation, etc. (hereinafter referred to as "legal counseling services, etc.") with respect to defamation, damage claims, etc. pursuant to Article 11-4 (1) of the Act, she or her legal representative shall file an application (including electronic documents) for legal counseling (legal representation) for a sexual slavery victim draft for the Japanese imperial army in attached Form 5 with the Minister of Gender Equality and Family, along with a certified copy of the overseas Korean national register (applicable only to overseas residents) under Article 7 of the Registration of Overseas Korean Nationals Act. In such cases, the Minister shall verify a certified copy of the applicant's resident registration card (limited to a domestic resident) through administrative data matching under Article 36 (1) of the Electronic Government Act, and if the applicant does not consent to such verification, a certified copy of the resident registration card shall be attached. <Amended on Jun. 5, 2018> |
| (2) | Upon receiving an application for legal counseling services, etc. under paragraph (1), the Minister of Gender Equality and Family shall request these services from an institution under Article 11-4 (2) of the Act, if deemed necessary, among other things, to discover the truth regarding sexual slavery victims drafted for the Japanese Imperial Army, restoring their honor, or seeking compensation for damage against the Japanese government. <Amended on Jun. 5, 2018> |
| (3) | "Any other institution prescribed by Presidential Decree" in Article 11-4 (2) of the Act means the Korean Bar Association under Article 78 of the Attorney-at-Law Act, local bar associations under Article 64 of that Act, and other agencies determined and publicly notified by the Minister of Gender Equality and Family. <Amended on Jun. 5, 2018> |
| (4) | The Minister of Gender Equality and Family shall bear expenses of legal counseling services, etc. under paragraph (2) within the budget. |
[This Article Newly Inserted on Jun. 11, 2013]
| Article 17 (Subsidization of expenses) |
| (1) | An individual, corporation, or organization eligible for subsidization of expenses by the State and a local government pursuant to Article 12 (2) of the Act shall be as follows: <Amended on Feb. 18, 2020> |
| 2. | In the case of a corporation or organization: It shall meet the following requirements: |
| (a) | The purpose of its establishment or its primary activity is to conduct investigations, research, education, awareness campaigns, or commemorative projects, etc. related to the sexual slavery victims drafted for the Japanese Imperial Army, with a record of completing related projects; |
| (b) | It shall be any of the following corporations or organizations: |
| (iv) | A special corporation for non-profit purposes established under individual statutes; |
| (vi) | Any other corporations or organizations similar to those referred to in paragraphs (1) through (5), which are determined and publicly notified by the Minister of Gender Equality and Family. |
| (2) | If the Minister of Gender Equality and Family intends to subsidize expenses for an individual, corporation, or organization pursuant to Article 12 (2) of the Act, he or she shall undergo deliberation by the Deliberation Committee. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 18 (Gratuitous lending of State or public property) |
| (1) | A corporation or organization (hereinafter referred to as "corporation, etc.") which intends to borrow State or public property free of charge pursuant to Article 13 (1) of the Act shall submit an application (including an application in electronic form) to the managing authority of the relevant State or public property, following a recommendation of the Minister of Gender Equality and Family, after deliberation by the Deliberation Committee. |
| (2) | To be recommended by the Minister of Gender Equality and Family pursuant to paragraph (1), a corporation, etc. shall have a track record of conducting projects related to sexual slavery victims for the Japanese Imperial Army each year for the last 5 years. |
| (3) | The details, conditions, procedures, etc. of the gratuitous lending of the State or public property shall be governed by a contract between the managing authority of the relevant State or public property and the corporation, etc. (in cases of an organization, referring to its representative). |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 19 (Delegation and entrustment of authority) |
| (1) | Pursuant to Article 14 of the Act, the Minister of Gender Equality and Family shall entrust the following authority over persons residing abroad to the Minister of Foreign Affairs: <Amended on Mar. 23, 2013; Jun. 11, 2013; Jun. 5, 2018; Dec. 8, 2020> |
| 1. | Receipt of applications for registration under Article 3 (1) of the Act; |
| 3. | Payment of subsidies for livelihood stability under Article 4 (1) 4 of the Act; |
| 3. | Receipt of applications for payment of nursing expenses, verification of facts, and payment of such expenses under Article 7-2 (2) and (3); |
| 4. | Receipt of applications for payment of funeral expenses, verification of facts, and payment of such expenses under Article 7-3 (2) and (3); |
| 5. | Receipt of applications for legal counseling services, etc. under Article 16-3 (1). |
| (2) | The Minister of Gender Equality and Family shall delegate the authority over persons residing in the Republic of Korea under the subparagraphs of paragraph (1) to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor pursuant to Article 14 of the Act. |
[This Article Wholly Amended on Feb. 28, 2012]
| Article 20 (Processing of sensitive information and personally identifiable information) |
If essential to conduct the following affairs, the Minister of Gender Equality and Family (including persons to whom the authority of the Minister of Gender Equality and Family is delegated or entrusted pursuant to Article 14 of the Act), the head of a local government (including persons to whom the relevant authority is delegated or entrusted), the Deliberation Committee, or the head of a protection facility for sexual slavery victims drafted for the Japanese Imperial Army under Article 5-2 (1) of the Act may process information on health under Article 23 of the Personal Information Protection Act or data containing resident registration numbers, passport numbers, or alien registration numbers referred to in subparagraphs 1, 2, or 4 of Article 19 of the Enforcement Decree of that Act: <Amended on Jun. 5, 2018> | 1. | Determination and registration of persons eligible for livelihood stability support under Article 3 of the Act; |
| 2. | Preferential lease of rental houses under Article 5 of the Act; |
| 3. | Operation of protection facilities for sexual slavery victims drafted for the Japanese Imperial Army under Article 5-2 of the Act; |
| 4. | Deliberation by the Deliberation Committee under Article 6 (1) 1, 2, and 4 of the Act; |
| 5. | Recovery of subsidies for livelihood stability under Article 9 of the Act; |
| 6. | Support for reinstatement of nationality under Article 11-3 of the Act. |
[This Article Newly Inserted on Sep. 11, 2014]
ADDENDUM <Presidential Decree No. 13938, Jul. 26, 1993>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 14438, Dec. 23, 1994>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 14446, Dec. 23, 1994>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 15732, Feb. 28, 1998>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 16356, May 24, 1999>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 17116, Jan. 29, 2001>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 17998, Jun. 13, 2003>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18873, Jun. 23, 2005>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 19304, Jan. 27, 2006>
This Decree shall enter into force on January 30, 2006.
ADDENDUM <Presidential Decree No. 19507, Jun. 12, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement date)
This Decree shall enter into force on July 1, 2006.
ADDENDUM <Presidential Decree No. 20506, Dec. 31, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20682, Feb. 29, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21148, Dec. 3, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on December 6, 2008.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 22003, Jan. 27, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on February 1, 2010.
ADDENDA <Presidential Decree No. 22076, Mar. 15, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on March 19, 2010.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on May 5, 2010.
ADDENDUM <Presidential Decree No. 23641, Feb. 28, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24446, Mar. 23, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 24591, Jun. 11, 2013>
This Decree shall enter into force on June 19, 2013.
ADDENDUM <Presidential Decree No. 25601, Sep. 11, 2014>
This Decree shall enter into force on September 25, 2014.
ADDENDUM <Presidential Decree No. 26774, Dec. 30, 2015>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 28940, Jun. 5, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on June 13, 2018.
Article 2 (Transitional measures concerning change of name of the Deliberation Committee)
A person appointed or commissioned as a member of the Deliberation Committee for Support and Commemorative Project for Sexual Slavery Victims Drafted for Japanese Imperial Army under the previous Article 3 (1) as at the time this Decree enters into force shall be deemed appointed or commissioned as a member of the committee under the amended provisions of Article 3 (1).
ADDENDUM <Presidential Decree No. 30422, Feb. 18, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 31241, Dec. 8, 2020>
This Decree shall enter into force on December 10, 2020.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 33382, Apr. 11, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on June 5, 2023.