SPECIAL ACT ON THE SUPPORT FOR KOREAN ATOMIC BOMB VICTIMS
Act No. 14225, May 29, 2016
Amended by Act No. 16409, Apr. 30, 2019
Act No. 19958, Jan. 9, 2024
The purpose of this Act is to investigate actual conditions of Korean victims who sustained injuries by the atomic bombing in Hiroshima in August 6, 1945 or in Nagasaki in August 9, 1945 and provide substantial aid to them for medical treatment, thereby guaranteeing their rights to life and assisting them in enjoying their lives with human dignity.
The term "victim" in this Act means any of the following persons who were affected by the atomic bombing in Hiroshima or Nagasaki, Japan in 1945:
| 1. | A person who was in the area of Hiroshima or Nagasaki in Japan at the time an atomic bomb was dropped in the area; |
| 2. | A person who was within a 3.5?kilometer radius of the hypocenter within two weeks after either of the atomic bombings; |
| 3. | A person exposed to radiation from an atomic bomb at the time the atomic bomb was dropped or while being engaged in the disposal of corpses or activities for relief after the bombing; |
| 4. | A fetus carried by a person who falls into any of the categories specified in subparagraphs 1 through 3; |
| 5. | A person registered as a victim of the atomic bombings with the Republic of Korea National Red Cross established pursuant to the Organization of the Republic of Korea National Red Cross Act and who has received medical expenses or medical treatment allowances from the Government of the Republic of Korea. |
| Article 3 (Committee for Supporting Korean Victims of the Atomic Bombings) |
| (1) | Where necessary to consult on matters relating to fact-finding surveys of, and support for, victims, the Minister of Health and Welfare may establish and operate the Committee for Supporting Korean Victims of the Atomic Bombings (hereinafter referred to as the "Consultative Committee"): |
| 1. | Collection and analysis of domestic and overseas data on victims; |
| 2. | Examination and determination of victims; |
| 3. | Payment of medical treatment allowances; |
| 4. | Preparation of reports on investigations of actual conditions of victims; |
| 5. | Matters concerning receipt of reports on injuries of victims and their bereaved families and registration of victims and their bereaved families; |
| 6. | Investigations on reports of injuries; |
| 7. | Other matters specified by Presidential Decree for investigating actual conditions of victims and supporting victims. |
| (2) | The Minister of Health and Welfare shall be the chairperson of the Consultative Committee, and the members thereof shall be appointed or commissioned by the Minister of Health and Welfare from among relevant public officials prescribed by Presidential Decree. |
| (3) | The Minister of Health and Welfare may establish an advisory group composed of relevant experts in order to ensure the efficient operation of the Consultative Committee. |
| (4) | Matters necessary for the composition and operation of the Consultative Committee and the advisory group, other than those provided in paragraphs (1) through (3), shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 9, 2024]
| Article 4 Deleted. <Jan. 9, 2024> |
| Article 5 Deleted. <Jan. 9, 2024> |
| Article 6 Deleted. <Jan. 9, 2024> |
| Article 7 (Investigation on actual conditions of victims) |
| (1) | The Minister of Health and Welfare may conduct a fact-finding survey of victims, in accordance with the methods as prescribed by Presidential Decree. <Amended Jan. 9, 2024.> |
| (2) | For the purpose of collecting data and conducting surveys under paragraph (1), the Minister of Health and Welfare may request relevant administrative agencies or organizations to submit relevant data. In such cases, the relevant agencies or organizations that receive such requests shall comply therewith unless there is a compelling reason not to do so. <Amended on Jan. 9, 2024> |
| (3) | Related agencies or organizations shall provide convenience necessary for searching for and inspecting documents related to the injuries inflicted by either of the atomic bombings upon Koreans. |
| Article 8 (Preparation of report on investigations of actual conditions) |
The Minister of Health and Welfare shall prepare a report on the results of the fact-finding survey conducted under Article 7(1). <Amended on Jan. 9, 2024>
| Article 9 (Registration of victims) |
| (1) | A victim who intends to receive assistance provided under this Act shall apply for registration to the Minister of Health and Welfare. <Amended on Jan. 9, 2024> |
| (2) | Matters necessary for the criteria, procedure, etc. for the registration under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 10 (Reporting of changes) |
| (1) | If a victim falls under any of the following subparagraphs, the victim, the victim's bereaved family members, or family members shall, without delay, file a report with the Minister of Health and Welfare, as prescribed by Presidential Decree: <Amended on Jan. 9, 2024> |
| 1. | If the victim is deceased; |
| 2. | If the victim forfeits nationality of the Republic of Korea; |
| 3. | If the victim has been missing continuously for at least one year or if the cause of disappearance ceases to exist; |
| 4. | If any change in the personal information specified by Presidential Decree occurs, such as the change in the name, address, or date of birth. |
| (2) | "Bereaved family member or family member" under paragraph (1) means any of the following subparagraphs: |
| 2. | A lineal ascendant or descendant; |
| 3. | A sibling if the victim has no spouse or lineal ascendant or descendant. |
| Article 11 (Arising and termination of entitlement to assistance) |
| (1) | Entitlement to assistance provided under this Act shall arise in the month an application for registration under Article 9 is filed. |
| (2) | If a victim registered under Article 9 (hereinafter referred to as "registered victim") dies or loses his or her nationality, the entitlement to assistance provided under this Act shall terminate in the month immediately following the month the cause of termination occurs. |
| Article 12 (Medical assistance) |
| (1) | The State shall provide medical assistance to registered victims who need medical treatment for wounds or diseases caused by radiation from the atomic bombs so that they can receive medical treatment, etc. |
| (2) | The holders of a health book (referring to the persons who hold a health book issued under the Atomic Bomb Survivors' Support Law of Japan), among registered victims, shall be excluded from the persons eligible for medical assistance under this Article and Article 13; provided, the foregoing shall not apply to medical treatment allowances under Article 13(2)5. |
| (3) | The Minister of Health and Welfare may designate a medical institution under Article 3 of the Medical Service Act as an institution that provides medical assistance under paragraph (1). <Amended Jan. 9, 2024> |
| Article 13 (Kinds of medical assistance) |
| (1) | The State shall conduct a periodic medical examination annually and thorough medical checkups specified by Presidential Decree, free of charge, for registered victims; provided, a thorough medical checkup may be conducted only when a physician determines it necessary. |
| (2) | When a registered victim receives medical treatment for a wound or disease caused by radiation from the atomic bombings, the State may pay the following expenses actually incurred in such medical treatment: |
| 2. | Expenses for medical examination and testing; |
| 3. | Expenses for hospitalization; |
| 4. | Expenses for medication; |
| 5. | Medical treatment allowances. |
| (3) | Matters necessary for the scope of the periodic medical examinations under paragraph (1), the criteria for eligibility for the medical care benefits under paragraph (2), methods for calculating the amount of such benefits and providing such benefits, etc. shall be prescribed by Presidential Decree. |
| Article 14 (Memorial projects) |
| (1) | The State and local governments may implement the following projects to commemorate those who died of injuries caused by the atomic bombings and to use such projects as an opportunity for education on human rights and peace: |
| 1. | Memorial cemeteries and memorial towers; |
| 2. | Other projects necessary for commemorating the victims. |
| (2) | If a corporation or an organization implements any of the projects referred to in paragraph (1), the State or a local government may fully or partially subsidize the project, within the budget. |
| Article 15 (Protection of entitlement) |
No entitlement to medical care benefits shall be transferred or offered as security or shall not be subject to seizure or attachment.
| Article 16 (Recovery of medical care benefits) |
| (1) | The State shall recover medical care benefits from a person to whom such medical care benefits have been paid, in any of the following cases: |
| 1. | Where the person has received medical care benefits by fraud or other improper means; |
| 2. | Where medical care benefits have been mistakenly paid. |
| (2) | If a person who is obliged to return medical care benefits in compliance with the decision to recover them under paragraph (1) fails to do so within a given period, such medical care benefits may be recovered in the same manner as delinquent national taxes are collected. |
| Article 17 (Fact-finding inspections and duty to cooperate) |
| (1) | For the purpose of providing support, etc. under this Act, the Minister of Health and Welfare may hear testimony or statements from an applicant, a witness, or a reference witness, or, if deemed necessary, request cooperation from relevant agencies or organizations. <Amended on Jan. 9, 2024> |
| (2) | Relevant agencies or organizations that receive a request for cooperation under paragraph (1) shall process the request and notify the Minister of Health and Welfare of the results without delay. <Amended on Jan. 9, 2024> |
| Article 18 Deleted. <Jan. 9, 2024> |
| Article 19 Deleted. <Jan. 9, 2024> |
| Article 20 (Delegation and entrustment of authority and affairs) |
| (1) | Part of the authority of the Minister of Health and Welfare under this Act may be delegated to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu), as prescribed by Presidential Decree. |
| (2) | The affairs of the Minister of Health and Welfare under this Act may be partially entrusted, as prescribed by Presidential Decree, to a public institution under the Act on the Management of Public Institutions or to a private organization. |
[This Article Added on Jan. 9, 2024]
ADDENDA <Act No. 14225, May 29, 2016>
Article 1 (Enforcement date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional measure concerning registration of victims)
The persons who are registered as victims of the atomic bombings with the Republic of Korea National Red Cross established pursuant to the Organization of the Republic of Korea National Red Cross Act and have received medical expenses or medical treatment allowances from the Government of the Republic of Korea before this Act enters into force, shall be deemed to have been registered under Article 9 of this Act.
ADDENDUM <Act No. 16409, Apr. 30, 2019>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 19958, Jan. 9, 2024>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Articles 2 through 6 Omitted.