The purpose of this Act is to prescribe fundamental matters for policies on overseas Koreans, thereby creating an environment in which overseas Korean communities and the Republic of Korea can develop together and contributing to the common prosperity of humankind and the promotion of world peace.
The terms used in this Act are defined as follows:
| 1. | The term “overseas Koreans” means any of the following persons: |
| (a) | Persons who are a national of the Republic of Korea and stay in a foreign country for a long time or obtain permanent residency in a foreign country; |
| (b) | Persons who held the nationality of the Republic of Korea by birth (including persons who emigrated before the Government of the Republic of Korea was established) or his or her lineal descendants who do not have the nationality of the Republic of Korea; |
| 2. | The term “policies on overseas Koreans” means any of the following policies: |
| (a) | Policies for improving the legal, social, and economic rights and interests of overseas Koreans in the Republic of Korea; |
| (b) | Policies to support the settlement and improvement of status of overseas Koreans in their country of residence; |
| (c) | Policies for promoting ethnic identity among overseas Koreans; |
| (d) | Policies to support educational, cultural, economic, and social exchanges, etc. and strong ties between overseas Koreans and Korean nationals; |
| (e) | Policies to utilize the capabilities of overseas Koreans for the common development of the Republic of Korea and overseas Korean communities; |
| (f) | Policies to support organizations for overseas Koreans in their country of residence and in the Republic of Korea; |
| (g) | Policies on surveys and research related to overseas Koreans; |
| (h) | Policies on education, culture, and publicity for overseas Koreans; |
| (i) | Policies on building a global Korean network of overseas Koreans; |
| (j) | Other key policies related to overseas Koreans prescribed by Presidential Decree. |
| Article 3 (Basic Direction of Policies on Overseas Koreans) |
| (1) | The State shall endeavor to promote the stable development of the overseas Korean communities by assisting overseas Koreans to settle and improve their status as exemplary members of their country of residence and conducting other similar activities. |
| (2) | The State shall endeavor to support overseas Koreans in cultivating their identity as Koreans and to strengthen their ties to the Republic of Korea by encouraging activities that promote their understanding of and trust in the Republic of Korea and conducting other similar activities. |
| (3) | The State shall endeavor to promote exchanges between the overseas Korean communities and the Republic of Korea by establishing a global Korean network, supporting visits to the Republic of Korea, and conducting other similar activities. |
| (4) | The State shall endeavor to enable overseas Koreans to advance their rights and interests in the Republic of Korea by providing accommodations in accordance with relevant statutes and regulations and by providing support for their adaptation to Korean society when they enter or remain in the Republic of Korea. |
| (5) | The State shall endeavor to support the human resource development of overseas Koreans in order to create an environment in which their capabilities can be utilized for the development of the Republic of Korea and the overseas Korean communities. |
| (6) | The State shall conduct various exchange programs for overseas Koreans to promote policies on overseas Koreans. |
| Article 4 (Responsibilities of the State) |
| (1) | The State shall formulate and implement various policy measures to protect the rights and interests of overseas Koreans and strengthen their ties to the Republic of Korea. |
| (2) | The State shall formulate and implement policies on overseas Koreans taking into account the local characteristics of each region and country in which overseas Koreans reside, as well as various conditions such as generation and age. |
| (3) | When formulating and implementing policies on overseas Koreans, the State shall not discriminate against overseas Koreans based on their country of residence. |
| (4) | The State shall create conditions, such as securing personnel and organizations and supporting budgets, to facilitate policies on overseas Koreans. |
| (5) | When formulating policies on overseas Koreans, the State shall endeavor to harmonize them with policies on foreigners residing in the Republic of Korea. |
| Article 5 (Harmonization with International Community) |
The State shall endeavor to formulate and implement policies on overseas Koreans in a manner that complies with international law and treaties and is harmonized with the policies and jurisdiction of the country of residence of the overseas Koreans.
| Article 6 (Relationship to Other Statutes) |
Except as otherwise provided in other statutes, this Act shall apply to overseas Koreans.
| Article 7 (Formulation of General Plans) |
| (1) | The Commissioner of the Overseas Koreans Agency shall, in consultation with the heads of relevant central administrative agencies, formulate and implement a general plan on policies on overseas Koreans (hereinafter referred to as "general plan") every five years. |
| (2) | A general plan shall include the following: |
| 1. | Basic objectives of, and directions for the promotion of, policies on overseas Koreans; |
| 2. | Tasks to be implemented for, and methods and timing of implementing, policies on overseas Koreans; |
| 3. | Size of financial resources required and methods for financing; |
| 4. | Other matters deemed necessary by the Commissioner of the Overseas Koreans Agency to formulate and implement policies on overseas Koreans. |
| (3) | The Commissioner of the Overseas Koreans Agency shall finalize a general plan after deliberation by the Overseas Koreans Policy Committee under Article 10. |
| (4) | Matters necessary for the formulation and implementation, etc. of general plans shall be prescribed by Presidential Decree. |
| Article 8 (Formulation and Evaluation of Implementation Plans) |
| (1) | The Commissioner of the Overseas Koreans Agency and the heads of relevant central administrative agencies shall formulate and implement an annual implementation plan (hereinafter referred to as "implementation plan") in accordance with the general plan. |
| (2) | The heads of relevant central administrative agencies shall submit the implementation plan for the following year and the implementation outcomes of the previous year's implementation plan according to their respective jurisdictions, to the Commissioner of the Overseas Koreans Agency, who then shall compile them and present them to the Overseas Koreans Policy Committee under Article 10. |
| (3) | The Commissioner of the Overseas Koreans Agency and the heads of relevant central administrative agencies shall conduct their own evaluation of the implementation outcomes of the implementation plan according to their respective jurisdictions and shall submit the results to the Overseas Koreans Policy Committee under Article 10. |
| (4) | Other matters necessary for the formulation, implementation, and evaluation of the implementation plans shall be prescribed by Presidential Decree. |
| Article 9 (Cooperation in Conducting Business Affairs) |
The Commissioner of the Overseas Koreans Agency and the heads of relevant central administrative agencies may request necessary cooperation, including submission of materials, from the heads of relevant central administrative agencies, local governments, and relevant public organizations, when necessary to formulate, implement, and evaluate a general plan and an implementation plan. In such cases, the heads of central administrative agencies, local governments, and public organizations that are requested to cooperate shall comply therewith unless there is a compelling reason not to do so.
| Article 10 (Overseas Koreans Policy Committee) |
| (1) | An Overseas Koreans Policy Committee (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Minister of Foreign Affairs to deliberate on and coordinate major matters for promoting policies on overseas Koreans in a comprehensive and systematic manner. |
| (2) | The Committee shall deliberate on and coordinate the following: |
| 1. | Matters concerning the formulation and implementation of a general plan; |
| 2. | Matters concerning the formulation, implementation, and evaluation of an implementation plan; |
| 3. | Matters concerning the cooperation and coordination among central administrative agencies on policies on overseas Koreans; |
| 4. | Matters concerning public participation and public-private partnerships, etc. in relation to policies on overseas Koreans; |
| 5. | Other matters that the chairperson deems important. |
| (3) | The Committee shall consist of up to 25 members, including one chairperson; and the Minister of Foreign Affairs shall serve as the chairperson and the following persons shall serve as the members: |
| 1. | Vice Ministers of relevant central administrative agencies or public officials of vice minister-level, as prescribed by Presidential Decree; |
| 2. | Persons who have extensive knowledge of, and experience in, policies on overseas Koreans. |
| (4) | The term of office of each member under paragraph (3) 2 shall be two years. |
| (5) | To prepare agenda items to be submitted to the Committee and to handle business affairs entrusted by the Committee, a working committee for policies on overseas Koreans (hereinafter referred to as the "working committee") shall be established in the Committee, which shall be chaired by the Commissioner of the Overseas Korean Agency. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the composition and operation of the Committee and the working committee shall be prescribed by Presidential Decree. |
| Article 11 (Establishment of Overseas Koreans Cooperation Center) |
| (1) | The State shall establish an Overseas Koreans Cooperation Center (hereinafter referred to as "OKCC") to efficiently and systematically support the policy of fostering the Korean identity among overseas Koreans and strengthening their ties to the Republic of Korea. |
| (2) | OKCC shall be a corporation. |
| (3) | In order to achieve the purpose of its establishment, OKCC shall conduct the following projects: |
| 1. | Invitation, training, educational, cultural, and promotional projects for overseas Koreans; |
| 2. | Research and exhibition on the history of migration of overseas Koreans; |
| 3. | Projects entrusted by the Sate or public institutions, etc.; |
| 4. | Other projects necessary to achieve the purpose of its establishment. |
| (4) | OKCC shall have a director and necessary staff as prescribed by its articles of incorporation. |
| (5) | Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to OKCC. |
| (6) | The State may, within the budget, contribute the expenses incurred in the establishment, projects, and operation of OKCC. |
| (7) | If OKCC deems it necessary, it may solicit, accept, and use contributions in accordance with applicable statutes and regulations with the approval from the Commissioner of the Overseas Koreans Agency. |
[Enforcement Date: Jun. 5, 2023] Article 11
| Article 12 (Role of Diplomatic Missions Abroad) |
The heads of diplomatic missions abroad (referring to embassies and consulates general excluding representative offices among diplomatic missions abroad of the Republic of Korea under the Act on the Establishment of Diplomatic Missions Abroad of the Republic of Korea) and heads of affiliated agencies and public institutions designated by the heads of relevant central administrative agencies shall participate in the process of identifying and promoting overseas Korean-related projects, etc., in order to facilitate the implementation of policies on overseas Koreans.
| Article 13 (Hearing Opinions of Overseas Koreans) |
| (1) | The State shall endeavor to hear and reflect opinions of overseas Koreans in the process of formulating and implementing policies on overseas Koreans. |
| (2) | Matters necessary for the procedures for hearing opinions pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
| Article 14 (Fact-Finding Surveys) |
| (1) | The Commissioner of the Overseas Koreans Agency may conduct a fact-finding survey on the status of the overseas Korean communities for the purpose of formulating and implementing policies on overseas Koreans. |
| (2) | The Commissioner of the Overseas Koreans Agency may request the head of the relevant central administrative agency to cooperate in fact-finding surveys under paragraph (1). In such cases, the head of the relevant central administrative agency shall cooperate therewith unless there is a compelling reason not to do so. |
| (3) | Matters necessary for the subjects and methods of fact-finding surveys under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 15 (World Korean Day and World Korean Week) |
| (1) | In order to further strengthen the ties between overseas Koreans and the Republic of Korea, October 5 of each year shall be designated as the World Korean Day, and the week from the National Liberation Day under subparagraph 4 of Article 2 of the Act on National Holidays to the Hangul Proclamation Day under subparagraph 5 of that Article shall be designated as the World Korean Week. |
| (2) | Matters necessary for events, etc. to commemorate the World Korean Day and the World Korean Week under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 16 (Reporting to National Assembly) |
The Government shall prepare a report on the progress of a general plan and an implementation plan and submit it to the National Assembly before the opening of the regular session of the National Assembly every year.
ADDENDA <Act No. 19402, May 9, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That Article 11 shall enter into force on June 5, 2023. Article 2 (Preparation for Establishment of Overseas Koreans Cooperation Center)
| (1) | Preparatory acts for the establishment of OKCC in accordance with this Act may be done before this Act enters into force. |
| (2) | The Minister of Foreign Affairs shall appoint up to five incorporators to be in charge of the affairs related to the establishment of OKCC. |
| (3) | The incorporators shall prepare the articles of incorporation of OKCC and obtain authorization from the Minister of Foreign Affairs. |
| (4) | Notwithstanding Article 11 (4), the director of OKCC as at the time of its establishment shall be appointed by the Minister of Foreign Affairs. |
| (5) | When the incorporators obtain authorization under paragraph (3), they shall complete the establishment registration of OKCC and transfer their business affairs to the director of OKCC without delay and shall be deemed to be dismissed when such transfer is completed. |
Article 3 (Establishment Costs)
The cost of preparing for the establishment of OKCC shall be borne by the State.
Article 4 (Transitional Measures concerning Employment of Employees of Overseas Koreans Foundation)
OKCC shall continue to employ the employees of the Overseas Koreans Foundation under the previous Overseas Koreans Foundation Act, the number of which shall not exceed the maximum number of employees. In such cases, if the number of employees temporarily exceeds the maximum number of employees of OKCC due to the dissolution of the Overseas Koreans Foundation as at the time Article 11 enters into force, it shall be deemed that a separate maximum number is allocated until the current number of excessive employees decreases to the maximum number.