ACT ON COMPENSATION AND ASSISTANCE TO VICTIMS OF ABDUCTION BY NORTH KOREA AFTER CONCLUSION OF THE MILITARY ARMISTICE AGREEMENT
Act No. 8852, Feb. 29, 2000
Act No. 8393, Apr. 27, 2007
Act No. 10602, Apr. 28, 2011
Act No. 10971, Jul. 28, 2011
Act No. 11690, Mar. 23, 2013
Act No. 12844, Nov. 19, 2014
Act No. 13563, Dec. 15, 2015
Act No. 14839, Jul. 26, 2017
Act No. 16028, Dec. 24, 2018
Act No. 18082, Apr. 20, 2021
The purpose of this Act is to stabilize the livelihood of persons who have suffered from abduction by North Korea in the aftermath of the conclusion of the Military Armistice Agreement, and their bereaved family members, to heal the wounds caused by the division of the two Koreas, and eventually to contribute to the promotion of national unity, as the State provides them with compensation and assistance, and renders assistance necessary to help abductees who returned to South Korea resettle in the Republic of Korea.
The terms used in this Act are defined as follows:
| 1. | The term “abductee" means a citizen of the Republic of Korea who involuntarily moved from South Korea (referring to the south of the Military Demarcation Line; hereinafter the same shall apply) to North Korea (referring to the north of the Military Demarcation Line; hereinafter the same shall apply) after the Military Armistice Agreement was concluded on July 27, 1953; |
| 3. | The term "victim of abduction by North Korea" means any of the following persons: |
| (a) | A person who returned to South Korea after having been abducted for at least three years; |
| (b) | A family member of an abductee who has not yet returned to South Korea after being abducted for at least three years or an abductee who died while living in North Korea, and a family member of a person falling under item (a); |
| (c) | A person who was killed or injured by the exercise of governmental power in relation to abduction, among abductee family members, or abductees who returned to South Korea. |
| Article 3 (Scope of Family and Bereaved Family Members) |
| (1) | "Family member" in this Act means any of the following relatives of an abductee at the time of his or her abduction by North Korea: |
| 1. | Spouse (including a de facto spouse) and children; |
| (2) | "Bereaved family member" in this Act means an heir who inherits, pursuant to the Civil Act, from a victim of abduction by North Korea falling under subparagraph 3 (c) of Article 2. |
| Article 4 (Responsibilities of the State) |
The State shall endeavor to confirm the life or death of abductees, to achieve their repatriation, to arrange reunion with their family members, and to help abductees who returned to South Korea more easily resettle in the country.
| Article 5 (Relationship to Other Statutes) |
Except as otherwise provided in other statutes, this Act shall govern compensation, assistance, etc. to victims of abduction by North Korea.
| Article 6 (Deliberative Committee on Compensation and Assistance to Victims of Abduction by North Korea) |
The Deliberative Committee on Compensation and Assistance to Victims of Abduction by North Korea (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Minister of Unification to deliberate and resolve on the following matters regarding compensation and assistance to victims of abduction by North Korea: <Amended on Dec. 24, 2018>
| 1. | Whether a person is a victim of abduction by North Korea; |
| 2. | Matters regarding the payment, to victims of abduction by North Korea, of settlement benefits under Article 8, consolation money under Article 9, compensation under Article 10, and medical allowances under Article 11, and regarding the provision of protection or assistance for abductees who returned to South Korea; |
| 3. | Matters regarding the period of recuperation for injured victims of abduction by North Korea and the determination of their disability grade; |
| 4. | Matters necessary for resolving issues relating to abductees, including investigations into the actual conditions of abductees; |
| 5. | Matters regarding investigations into any infringement on the rights of the family members of abductees, etc., compensation, and restoration of their honor; |
| 6. | Other matters prescribed by Presidential Decree regarding compensation, assistance, etc. to victims of abduction by North Korea. |
| Article 7 (Composition of Committee) |
| (1) | The Committee shall be composed of nine members, including one chairperson, in consideration of their gender, and the members shall be appointed or commissioned by the Minister of Unification from among the following persons, but it shall include one person recommended by an organization which is composed of victims of abduction by North Korea and recognized by the Committee: <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 24, 2018> |
| 1. | A person who has served as a judge, public prosecutor, military judicial officer, or attorney-at-law for at least 10 years; |
| 2. | A person who has served as an assistant professor or higher, with major in human rights, inter-Korean relations, or abductee issues, in a school defined in subparagraph 1 or 3 of Article 2 of the Higher Education Act for at least five years; |
| 3. | A public official belonging to the Senior Executive Service of the Ministry of Unification, the Ministry of Justice, and the Ministry of the Interior and Safety (including public officials in special service equivalent thereto) who is recommended by the head of an agency to which he or she belongs; |
| 4. | A person of great learning and reputation with extensive knowledge of and experience in such areas as inter-Korean relations, abductees, or fisheries. |
| (2) | The chairperson shall be elected among and by the members. |
| (3) | The chairperson shall represent the Committee, exercise overall control of its duties, and direct and supervise the employees of the Committee. |
| (4) | A member who is appointed under paragraph (1) 3 shall hold office while remaining in the post, and the term of office of a member who is commissioned under subparagraphs 1, 2 and 4 of that paragraph shall be two years and may be renewed only once. |
| (5) | Except as provided in this Act, 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. |
| (6) | The Committee may have an executive secretary who conducts the affairs of the Committee. |
| (7) | Other matters necessary for the composition and operation of the Committee shall be prescribed by Presidential Decree. |
| Article 8 (Settlement Benefits) |
| (1) | Victims of abduction by North Korea falling under subparagraph 3 (a) of Article 2 may be paid settlement benefits prescribed by Presidential Decree in consideration of the settlement conditions of abductees who returned to South Korea in the pertinent year, their abilities to make a living, etc., and if necessary, such victims may be entitled to protection or assistance to support them in their swift adaptation and settlement in the Republic of Korea. |
| (2) | Article 5, the main clause of Article 10 (1), and Articles 10 (2), 11, 13 through 18, 20, 22, 24 through 26-3, and 28 of the North Korean Refugees Protection and Settlement Support Act shall apply mutatis mutandis to protection and assistance for victims of abduction by North Korea, who fall under subparagraph 3 (a) of Article 2, pursuant to paragraph (1). In such cases, "persons entitled to protection" or "persons entitled to employment protection" shall be construed as "victims of abduction by North Korea falling under subparagraph 3 (a) of Article 2", and the "Council for North Korean Refugees Protection and Settlement Support" as the "Committee". <Amended on Apr. 20, 2021> |
| Article 9 (Consolation Money) |
| (1) | Victims of abduction by North Korea falling under subparagraph 3 (b) of Article 2 shall be paid consolation money. |
| (2) | The amount of consolation money shall be prescribed by Presidential Decree in consideration of the period of abduction. |
| (3) | The priority order of the family members who are entitled to consolation money under paragraphs (1) and (2) shall be as specified in the subparagraphs of Article 3 (1), but if two or more persons have the same priority, they shall be jointly and equally entitled to consolation money. |
| Article 10 (Compensation) |
| (1) | Victims of abduction by North Korea falling under subparagraph 3 (c) of Article 2 and their bereaved family members shall be paid compensation, which is the sum of the amount calculated in accordance with the following classifications and interest at the statutory rate accrued to the date when the compensation is determined: |
| 1. | As for a person who died from the exercise of governmental power in relation to abduction by North Korea or his or her bereaved family member, an amount obtained by deducting the intermediary interest calculated by using the simple interest formula at the statutory rate from the amount obtained by multiplying the potential employment period by the amount of monthly wage, the monthly net income, or the average wage at the time of his or her death; |
| 2. | As for a person injured by the exercise of governmental power in relation to abduction by North Korea or his or her bereaved family member, the aggregate of the following amounts: |
| (a) | Where any loss arises in income, including the amount of monthly wage, the monthly net income or the average wage, from recuperation deemed necessary by the Committee, the amount of loss during such period of recuperation; |
| (b) | Where an injured person becomes physically disabled, an amount obtained by deducting the intermediary interest calculated by using the the simple interest formula at the statutory interest rate from the amount obtained by multiplying the rate of loss of labor capacity and the potential employment period by the amount of monthly wage, the monthly net income, or the average wage at the time of his or her injury, depending on the degree of loss of labor capacity caused by such disability. |
| (2) | Where a person injured by the exercise of governmental power in relation to abduction by North Korea dies for a reason other than such injury, he or she shall be deemed alive and compensation shall be paid accordingly pursuant to paragraph (1) 2. |
| (3) | The amount of monthly wage, monthly net income, or average wage of a person under paragraph (1) shall be certified by the head of a Si/Gun/Gu or the head of a tax office having jurisdiction over his or her address or by other reliable means, or if such certification cannot be made, other means prescribed by Presidential Decree shall be used. |
| (4) | In calculating compensation pursuant to paragraph (1), living expenses prescribed by Presidential Decree shall be deducted from the amount of monthly wage, the monthly net income, or the average wage. |
| (5) | If a substantial difference exists between the amount of monthly wage, the monthly net income, or the average wage at the time of death or injury and the amount of monthly wage, the monthly net income, or the average wage at the time of determination of any compensation, such compensation may be adjusted and paid, as prescribed by Presidential Decree. |
| (6) | Matters necessary for the methods of deducting the intermediary interest calculated based on the potential employment period, disability grade, the rate of loss of labor capacity, and the simple interest formula under paragraph (1) shall be prescribed by Presidential Decree. |
| (7) | Bereaved family members under paragraph (1) shall be jointly entitled to compensation under this Act in proportion to the inherited wealth under the Civil Act. |
| Article 11 (Medical Allowances) |
| (1) | A victim of abduction by North Korea falling under subparagraph 3 (c) of Article 2 whose injury requires continuous treatment, constant protection, or the use of assistive devices for persons with disabilities shall be paid the expenses incurred in the treatment or protection, or the purchase of such assistive devices for persons with disabilities, in a lump sum. <Amended on Dec. 24, 2018> |
| (2) | Where medical allowances under paragraph (1) are paid, the intermediary interest shall be deducted by using the simple interest formula at the statutory interest rate. |
| Article 12 (Application for Payment of Consolation Money) |
| (1) | Where a victim of abduction by North Korean or his or her bereaved family members intend to receive settlement benefits, consolation money, compensation or medical allowances (hereinafter referred to as “consolation money, etc.”) or any protection or assistance pursuant to this Act, he or she shall file an application for the payment of consolation money, etc. or for the provision of protection or assistance, accompanied by the relevant evidential documents as prescribed by Presidential Decree. |
| (2) | An application for the payment of consolation money, etc., or an application for the provision of protection or assistance under paragraph (1) shall be filed within three years from the time the relevant person is recognized as a victim of abduction by North Korea (referring to the time when he or she is determined as a victim of abduction by North Korea through deliberation by the Committee). <Amended on Dec. 24, 2018> |
| (3) | Where it is deemed that an application and other relevant evidential data submitted under paragraph (1) are incomplete, the Committee may request that the applicant make supplementation by specifying the matters requiring supplementation and the supplementation period. |
| (4) | Other matters necessary for filing an application for the payment of consolation money, etc. or an application for the provision of protection or assistance shall be prescribed by Presidential Decree. |
| Article 13 (Rejection of Applications) |
| (1) | Where an application falls under any of the following cases, the Committee shall reject the application without deliberation: |
| 1. | Where the details of an application are not subject to deliberation by the Committee; |
| 2. | Where the application period under Article 12 (2) expires; |
| 3. | Where an applicant files an application for the same fact rejected or dismissed by the Committee: Provided, That this shall not apply where the applicant submits important explanatory data which were not submitted along with the previous application. |
| Article 14 (Deliberation and Determination) |
| (1) | The Committee shall deliberate on and determine whether to pay consolation money, etc. the amount thereof, whether to provide protection or assistance, and the details thereof within 180 days from the date of receipt of an application under Article 12 (1): Provided, That where the applicant supplements the application documents pursuant to Article 12 (3), the period for such supplementation shall not be included therein. |
| (2) | Where delays in fact-finding investigations occur or other unavoidable circumstances exist, the chairperson of the Committee may extend, ex officio, the period for determination under paragraph (1) by up to 120 days only once. In such cases, the Committee shall notify the applicant of the grounds for extending the period for determination and the scheduled period for determination without delay. |
| (3) | Other matters necessary for deliberations and determinations by the Committee shall be prescribed by Presidential Decree. |
| Article 15 (Service of Written Determination) |
| (1) | Where the Committee determines whether to pay consolation money, etc. and the amount thereof, or whether to provide protection or assistance and the details thereof, it shall serve an authentic copy of the written determination on the applicant within 30 days from the date of the determination. In such cases, where a determination is made on the provision of protection or assistance, a copy of the written determination shall be served on the Minister of Unification. |
| (2) | The provisions on service of the Civil Procedure Act shall apply mutatis mutandis to service under paragraph (1). |
| Article 16 (Re-Deliberation) |
| (1) | An applicant dissatisfied with a determination made by the Committee pursuant to Article 14 (1) may request that the Committee conduct re-deliberation thereon within 30 days from receipt of the written determination. |
| (2) | Re-deliberation by the Committee under paragraph (1) shall be conducted within 90 days: Provided, That where it is impracticable to make a determination within the period due to special circumstances, the period for determination on re-deliberation may be extended by the chairperson, ex officio, only once, by up to 90 days. In such cases, the Committee shall notify the applicant of the grounds for extending the period for determination and the scheduled period for determination without delay. |
| (3) | Article 15 shall apply mutatis mutandis to service of the written determination on re-deliberation. |
| Article 17 (Consent of Applicant and Payment of Consolation Money) |
| (1) | Where an applicant served with an authentic copy of the written determination on the payment of consolation money, etc. intends to receive such consolation money, etc., he or she shall, without delay, file with the Committee an application for the payment of consolation money, etc., accompanied by the written consent to such determination. |
| (2) | Other matters necessary for procedures, etc. for paying consolation money, etc., and providing protection or assistance shall be prescribed by Presidential Decree. |
| Article 18 (Protection of Entitlement to Consolation Money) |
No entitlement to consolation money, etc. shall be transferred, pledged as security, or seized.
| Article 19 (Exemption from Taxes) |
| Article 20 (Recovery of Consolation Money) |
| (1) | Where a person who was paid consolation money, etc. falls under any of the following, the State shall fully or partially recover the amount he or she was paid: |
| 1. | Where he or she was paid by fraud or other improper means; |
| 2. | Where consolation money, etc. was erroneously paid. |
| (2) | Where the State recovers consolation money, etc. pursuant to paragraph (1), such recovery shall be conducted in the same manner as national taxes are collected under the National Tax Collection Act. |
| Article 21 (Cases of Possible Reduction of Consolation Money) |
Where an applicant has already received reparations or compensation pursuant to other statutes or where it is deemed reasonable, according to the prevailing social norms, not to pay all or part of consolation money, etc. in view of his or her contribution, etc. to the livelihood of the relevant abductee’s family members, the Committee need not pay all or part of the consolation money, etc., as prescribed by Presidential Decree.
| Article 22 (Extinctive Prescription) |
Entitlement to consolation money, etc. shall be extinguished by completion of prescription, unless it is exercised within one year from the date an authentic copy of the written determination on the payment of such consolation money, etc. is served on the applicant.
| Article 23 (Fact-Finding Investigation) |
| (1) | The Committee may conduct an investigation into the facts, etc. necessary for deliberating and resolving on matters under the subparagraphs of Article 6. |
| (2) | If deemed necessary for conducting a fact-finding investigation under paragraph (1), the Committee may request that the administrative agencies involved in the facts under investigation or other relevant organizations submit necessary data, etc. or provide cooperation. |
| (3) | Upon receipt of a request for data and cooperation under paragraph (2), the heads of the administrative agencies or other relevant organizations shall comply therewith, unless there is a compelling reason not to do so: Provided, That this shall not apply where the heads of the relevant administrative agencies, etc. explain that the relevant data contain national secrets regarding defense, foreign affairs, inter-Korean relations, etc. so the submission of such data will have a significant impact on the national security, within 10 days from the date of receipt of a request for the submission of such data. |
| (4) | Notwithstanding the proviso of paragraph (3), the Committee may request an inquiry of the relevant data with the consent of at least 2/3 of the members of the Committee where it is deemed that such data are essential for deliberation and resolution. In such cases, the heads of the administrative agencies or organizations, in receipt of such request, shall comply therewith, and the Committee shall not disclose the outcomes of the relevant inquiry. |
| (5) | If deemed necessary for conducting a fact-finding investigation under paragraph (1), the Committee may request that the heads of the relevant administrative agencies dispatch public officials under their jurisdiction so they attend a meeting of the Committee and make statements. |
| (6) | The Committee may request that a person who files an application for the payment of consolation money, etc. or the provision of protection or assistance under this Act, a person who is deemed to have necessary information as to whether the relevant person is a victim of abduction by North Korea, or a person who has professional knowledge of or experience in the affairs of the Committee attend a meeting of the Committee to make statements or submit necessary data. |
| Article 24 (Dispatch of Public Officials) |
| (1) | The Committee may request that the heads of the relevant administrative agencies dispatch public officials under their jurisdiction to the Committee, if deemed necessary for conducting the affairs. |
| (2) | Public officials dispatched to the Committee pursuant to paragraph (1) shall conduct the affairs of the Committee as instructed by the chairperson. |
| (3) | The heads of the relevant administrative agencies who have dispatched public officials to the Committee pursuant to paragraph (1) shall not take unfavorable measures against such public officials in their personnel management and treatment practices. |
| Article 25 (Duty of Confidentiality) |
No current or previous members and employees of the Committee shall divulge confidential information they have learned in the course of conducting their affairs.
| Article 26 (Notification of Discrepancy in Registered Matters regarding Family Relations) |
Where the Committee becomes aware of any discrepancy, caused by abduction, in registered matters regarding family relations in the family relation register under the Act on Registration of Family Relations, it shall notify such discrepancy to the head of the Si (referring to a Si without a Gu)/Gu/Eup/Myeon of the person's place of registration. <Amended on Jul. 28, 2011> [Title Amended on Jul. 28, 2011]
| Article 27 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
| Article 28 (Restriction of Establishment of Relevant Organization) |
No person shall establish an organization or engage in any private activity for the purpose of seeking profits, under the pretext of assisting victims of abduction by North Korea or their bereaved family members.
| Article 29 (Organization) |
| (1) | An organization shall be established to promote friendship among victims of abduction by North Korea, mutually help one another, increase self-reliance capabilities, and improve the rights and interests of victims of abduction by North Korea. |
| (2) | An organization referred to in paragraph (1) (hereinafter referred to as "organization") shall be a corporation. |
| (3) | An organization shall be established at the time it has such establishment registered, upon preparing its articles of incorporation and obtaining approval from the Minister of Unification. |
| (4) | An organization shall implement the following projects: |
| 1. | Promoting friendship between victims of abduction by North Korea through mutual help; |
| 2. | Promoting the welfare, rights and interests of victims of abduction by North Korea; |
| 3. | Creating public opinion at home and abroad to resolve issues relating to abductees. |
| (5) | An organization may engage in for-profit and incidental business to implement the projects referred to in paragraph (4): Provided, That permission from the Minister of Unification shall be obtained as prescribed by Presidential Decree. |
| (6) | Except as provided in this Act, the provisions regarding an incorporated association under the Civil Act shall apply mutatis mutandis to an organization. |
| (7) | The State or local governments may provide subsidies to an organization within the budget. <Amended on Dec. 15, 2015> |
[This Article Wholly Amended on Apr. 28, 2011]
| Article 30 (Penalty Provisions) |
| (1) | Any person who receives consolation money, etc., protection or assistance, or who helps any other person receive such consolation money, etc., protection or assistance by fraud or other improper means shall be punished by imprisonment with labor for up to five years or by a fine not exceeding 50 million won. <Amended on Dec. 24, 2018> |
| (2) | Any person who establishes an organization or engages in any private activity for the purpose of seeking profits in violation of Article 28 shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won. <Amended on Dec. 24, 2018> |
| (3) | Any person who divulges confidential information in violation of Article 25 shall be punished by imprisonment with labor for up to two years or by a fine not exceeding 20 million won. <Amended on Dec. 24, 2018> |
| (4) | Any person who attempts to commit an offense under paragraph (1) shall be punished. |
| Article 31 (Administrative Fine) |
| (1) | A person shall be subject to an administrative fine not exceeding five million won in the following cases: |
| 1. | Where a person fails to comply with a request for data or cooperation under Article 23 (2) without good cause or submits false data; |
| 2. | Where a person who is requested by the Committee to make statements or submit data for being recognized to have knowledge as to whether the relevant person is a victim of abduction by North Korea pursuant to Article 23 (6) fails to submit such data, makes false statements or submits false data, without good cause. |
| (2) | Administrative fines under paragraph (1) shall be imposed by the chairperson, as prescribed by Presidential Decree. |
| (3) | Deleted. <Mar. 23, 2013> |
| (4) | Deleted. <Mar. 23, 2013> |
| (5) | Deleted. <Mar. 23, 2013> |
ADDENDUM <Act No. 8393, Apr. 27, 2007>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That …<omitted>… the amendments to the statutes, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, among the statutes amended pursuant to Article 6 of the Addenda, shall enter into force on the enforcement dates of the respective statutes. Articles 2 through 7 Omitted.
ADDENDUM <Act No. 10602, Apr. 28, 2011>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 10971, Jul. 28, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amendments to the statutes, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, among the statutes amended pursuant to Article 6 of the Addenda, shall enter into force on the enforcement dates of the respective statutes. Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13563, Dec. 15, 2015>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation: Provided, That the amendments to the statutes, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, among the statutes amended pursuant to Article 5 of the Addenda, shall enter into force on the enforcement dates of the respective statutes. |
Articles 2 through 6 Omitted.
ADDENDA <Act No. 16028, Dec. 24, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Special Cases concerning Application for Payment of Consolation Money)
Notwithstanding the amended provisions of Article 12 (2), a person who has not received consolation money, etc., protection or assistance despite a determination by the Committee as a victim of abduction by North Korea before this Act enters into force, may file an application within one year from the date this Act enters into force.
ADDENDA <Act No. 18082, Apr. 20, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.