NORTH KOREAN REFUGEES PROTECTION AND SETTLEMENT SUPPORT ACT
[Enforcement Date 06. Jul, 2021.] [Act No.17821, 05. Jan, 2021., Partial Amendment]
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Article 1 (Purpose)
- The purpose of this Act is to provide for matters relating to protection and support as are necessary to help North Korean residents escaping from the area north of the Military Demarcation Line who desire to be protected from the Republic of Korea, as swiftly as possible to adapt themselves to, and settle down in, all spheres of their lives, including political, economic, social and cultural spheres.
- [This Article Wholly Amended on Mar. 26, 2010]
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Article 2 (Definitions)
- The terms used in this Act are defined as follows:
- 1. The term "North Korean defector" means a person who has residence, lineal ascendants and descendants, spouses, workplaces, etc. in the area north of the Military Demarcation Line (hereinafter referred to as "North Korea"), and who has not acquired any foreign nationality after escaping from North Korea;
- 2. The term "person eligible for protection" means a North Korean defector who is provided with protection and support pursuant to this Act;
- 3. The term "settlement support facility" means a facility established and operated for the protection and settlement support of persons eligible for protection pursuant to Article 10 (1);
- 4. The term "protection money or goods" means money or goods paid, delivered, or lent to persons eligible for protection pursuant to this Act.
- [This Article Wholly Amended on Mar. 26, 2010]
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Article 3 (Scope of Application)
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This Act shall apply to North Korean defectors who have expressed their intention to be protected by the Republic of Korea.
- [This Article Wholly Amended on Mar. 26, 2010]
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Article 4 (Basic Principles)
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(1)The Republic of Korea shall provide persons eligible for protection with special protection on the principle of humanitarianism.
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(2)The Republic of Korea shall make all of its diplomatic efforts to protect and support North Korean defectors who are staying in foreign countries.
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(3)Persons eligible for protection shall endeavor to lead healthy and cultural lives by adapting themselves to the legal order of liberal democracy of the Republic of Korea.
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(4)The Minister of Unification shall ascertain the actual conditions of North Korean defectors for protection, support, etc. of North Korean defectors and incorporate the result thereof in the policies.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 4-2 (Obligations of the State and Local Governments)
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(1) For the successful settlement of persons eligible for protection, the State and local governments shall continue to work to provide support to persons eligible for protection, including protection, education, employment, accommodation, medical care, and support for minimum living standards, and endeavor to secure financial resources therefor in a stable way.
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(2) Where the State and local governments formulate support measures for persons eligible for protection in accordance with paragraph (1), it shall endeavor to provide special treatment and support for children, adolescents, women, the elderly, people with disabilities, etc.
- [This Article Newly Inserted on Aug. 13, 2013]
- [Title Amended on Jan. 5, 2021]
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Article 4-3 (Master Plans and Implementation Plans)
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(1) The Minister of Unification shall formulate and implement a master plan for the protection of and settlement support for persons eligible for protection (hereinafter referred to as “master plan”) every three years after deliberation by the Consultative Council on North Korean Defectors referred to in Article 6.
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(2) A master plan shall include the following:
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1. Matters related to education necessary for the protection and settlement of persons eligible for protection;
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2. Matters related to the vocational training, employment promotion, and employment maintenance of persons eligible for protection;
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3. Matters related to the installation and operation of settlement support facilities as well as accommodation support for persons eligible for protection;
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4. Matters related to the medical support, support for minimum living standards, etc. for persons eligible for protection;
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5. Matters related to the social integration and improvement of public awareness of persons eligible for protection;
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6. Other matters deemed necessary by the Minister of Unification for the protection of, settlement support, employment promotion, etc. for persons eligible for protection.
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(3)The Minister of Unification shall formulate and execute an annual implementation plan (hereinafter referred to as “implementation plan”) based on a master plan in consultation with the head of the relevant central administrative agency.
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(4) Where the Minister of Unification intends to formulate a master plan and an implementation plan, he/she shall reflect the outcomes of a fact-finding survey prescribed in Article 22 (3).
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(5)The Minister of Unification shall regularly conduct an annual analysis of the achievements of an implementation plan and incorporate the results of such analysis in subsequent master plans and implementation plans.
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(6)The Minister of Unification may request the head of the relevant central administrative agency or local government to submit relevant materials. In such cases, the head of the relevant central administrative agency or local government in receipt of such request shall comply therewith, except in extenuating circumstances.
- [This Article Newly Inserted on Aug. 13, 2013]
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Article 5 (Criteria for Protection)
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(1) The criteria for protection of and support for persons eligible for protection shall be reasonably determined, based on the age, gender, members of a family, academic background, personal career, self-supporting ability, health conditions, personal possessions, etc.
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(2) In principle, the protection and settlement support prescribed in this Act shall be provided on the basis of respective individuals, but may, if deemed necessary, be given on the basis of the family, as prescribed by Presidential Decree.
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(3) Persons eligible for protection shall be provided with protection at settlement support facilities for a period of up to one year and at the place of residence for five years: Provided, That the respective periods of protection may be reduced or extended following deliberations by the Consultative Council on North Korean Defectors as prescribed in Article 6, where there exists any compelling reason to do so.
- [This Article Wholly Amended on Mar. 26, 2010]
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Article 6 (Consultative Council on North Korean Defectors)
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(1) The Consultative Council on North Korean Defectors (hereinafter referred to as "Consultative Council") shall be established under the jurisdiction of the Ministry of Unification in order to consult about and coordinate policies on North Korean defectors and to deliberate on the following matters relating to the protection and settlement support of persons eligible for protection:
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1. Matters relating to the reduction or extension of the period of protection and settlement support prescribed in the proviso of Article 5 (3);
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1-2.Matters relating to the formulation and implementation of master plans and implementation plans prescribed in Article 4-3;
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2. Matters relating to decisions on whether to grant protection prescribed in the main sentence of Article 8 (1);
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3. Matters relating to suspension or termination of employment protection prescribed in Article 17-2 (2);
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3-2. Matters relating to the extension of the period of personal protection in the place of residence prescribed in the proviso of Article 22-2 (3);
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4. Matters relating to suspension or termination of protection and settlement support prescribed in Article 27 (1);
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5. Matters relating to measures, such as correction prescribed in the former part of Article 32 (2);
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6. Other matters relating to protection and settlement support for persons eligible for protection, as prescribed by Presidential Decree.
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(2) The Consultative Council shall be comprised of members not exceeding 25 persons, including one Chairperson.
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(3) The Vice Minister of Unification shall hold office of the Chairperson and exercise overall control and supervision of the affairs of the Consultative Council.
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(4)Matters necessary for the composition and operation of the Consultative Council, other than those prescribed in paragraphs (1) through (3), shall be determined by Presidential Decree.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 7 (Application for Protection)
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(1) Any North Korean defector who intends to be protected under this Act shall apply for protection in person with the head of an overseas diplomatic or consular mission, or the head of any administrative agency (including the commander of a military unit of various levels; hereinafter referred to as "head of an overseas diplomatic or consular mission, etc."): Provided, That the same shall not apply where there exist the grounds prescribed by Presidential Decree, which make it impracticable for the person to apply for protection in person.
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(2) The head of an overseas diplomatic or consular mission, etc. in receipt of such application for protection prescribed in the main sentence of paragraph (1) shall, without delay, inform the Minister of Unification and the Director General of the National Intelligence Service via the head of the central administrative agency to which he/she belongs of such fact.
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(3) The Director of the National Intelligence Service informed pursuant to paragraph (2) shall take provisional protective measures, such as investigations necessary for the decision on protection for a person applying for protection, etc. and temporary personal protection measures, and shall without delay inform the Minister of Unification of the results thereof.
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(4)The Director of the National Intelligence Service shall establish and operate a facility to conduct an investigation and take provisional protective measures pursuant to paragraph (3) (hereinafter referred to as “provisional protective facility”).
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(5)Matters necessary for the details and methods of investigations and provisional protective measures prescribed in paragraph (3) and the establishment and operation of provisional protective facilities prescribed in paragraph (4) shall be prescribed by Presidential Decree.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 8 (Decision on Protection)
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(1) When the Minister of Unification is notified as prescribed in Article 7 (3), he/she shall decide on eligibility for protection following deliberation by the Consultative Council: Provided, That in the case of a person who is likely to affect national security to the considerable extent, the Director of the National Intelligence Service shall decide on eligibility for their protection, and inform or notify the Minister of Unification and the applicant for protection of the results thereof without delay.
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(2)Where the Minister of Unification has decided on eligibility for protection pursuant to the main sentence of paragraph (1), he/she shall, without delay, inform the head of an overseas diplomatic or consular mission, etc. via the head of the relevant central administrative agency of such decision, and the head of an overseas diplomatic or consular mission, etc. informed as such shall promptly notify the applicant thereof.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 9 (Criteria for Protection Decision)
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(1) In making a decision on whether to provide protection pursuant to the main sentence of Article 8 (1), any of the following persons may not be designated as persons eligible for protection:
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1.International criminal offenders involved in aircraft hijacking, drug trafficking, terrorism or genocide, etc.;
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2.Offenders of nonpolitical and serious crimes, such as murder;
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3.Suspects of disguised escape;
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4.Deleted;
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5. Persons who have applied for protection when three years elapsed since their entry into the Republic of Korea;
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6. Other persons prescribed by Presidential Decree as unfit to be protected as persons eligible for protection or hardly requiring protection, in consideration of potential serious harm to national security, maintenance of order, and public welfare, the economic capacity and conditions of overseas stay of applicants for protection, etc.
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(2)The provisions of paragraph (1) 5 shall not apply where North Korean defectors have unavoidable grounds prescribed by Presidential Decree.
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(3) The Minister of Unification may provide support and protection prescribed in any of the following subparagraphs, if necessary, to the North Korean defectors who have not been designated as persons eligible for protection because they fall under any of the subparagraphs of paragraph (1):
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1. Protection and special cases prescribed in Articles 11, 13, 14, 16, 17-3, 19, 19-2, 20 (only limited to where a person has not been designated as a person eligible for protection because he/she falls under paragraph (1) 5 of this Article), 22, and 26-2;
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2. Protection and support prescribed by Presidential Decree as necessary for settlement in a community.
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(4)Other matters necessary for protection and support prescribed in paragraph (3) shall be prescribed by Presidential Decree.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 10 (Establishment of Settlement Support Facilities)
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(1)The Minister of Unification shall establish and operate settlement support facilities to provide protection and settlement support to persons eligible for protection: Provided, That the Director of the National Intelligence Service may establish and operate separate settlement support facilities for the persons to whom he/she has decided to provide protection pursuant to the proviso of Article 8 (1).
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(2) Where the Minister of Unification or the Director of the National Intelligence Service establishes the settlement support facilities pursuant to paragraph (1), he/she shall provide accommodations and other necessary facilities so that persons eligible for protection may pursue healthy and comfortable lives and adaptation activities.
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(3) Necessary matters in relation to the types, management, and operation of settlement support facilities shall be determined by Presidential Decree.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 11 (Protection at Settlement Support Facilities)
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(1)The head of an agency which establishes and operates settlement support facilities as prescribed in Article 10 (1) shall provide protection to persons eligible for protection until they move into the place of residence.
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(2) The head of the agency referred to in paragraph (1) may grant protection money or goods to the persons eligible for protection who receive protection at settlement support facilities, as prescribed by Presidential Decree.
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(3) While any person eligible for protection receives protection at a settlement support facility, the head of the agency as referred to in paragraph (1) may confirm his/her identity and motive for the escape from North Korea, conduct medical checkup, or take other measures necessary for settlement support.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 12 (Personal Identification Registry)
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(1)Where the head of an agency which establishes and operates settlement support facilities pursuant to Article 10 (1) has decided to provide protection pursuant to Article 8 (1), he/she shall administer and keep a personal identification registry which includes necessary particulars, such as place of registration basis, family relationships, and personal career of persons eligible for protection, as prescribed by Presidential Decree.
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(2)The Minister of Unification shall administer and keep an integrated personal identification registry combining all other registries. For this purpose, the Director of the National Intelligence Service shall notify the Minister of Unification of particulars entered in the personal identification registry which he/she administers and keeps pursuant to paragraph (1).
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 13 (Accreditation of Academic Background)
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Persons eligible for protection may obtain accreditation of the academic background corresponding to their respective levels of school education received in North Korea or foreign countries, as prescribed by Presidential Decree.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 14 (Accreditation of Qualifications)
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(1) Persons eligible for protection may receive accreditation of the qualifications corresponding to all or part of those which they acquired in North Korea or foreign countries, as prescribed in relevant statutes.
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(2) The Minister of Unification may conduct supplementary education or re-education necessary for applicants for the accreditation of their qualifications, as prescribed by Presidential Decree.
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(3)Where it is deemed necessary to implement paragraphs (1) and (2), a committee mandated to examine whether to grant the accreditation of qualifications may be set up as prescribed by Presidential Decree.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 15 (Social Adaptation Education)
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(1) The Minister of Unification shall provide necessary basic education to persons eligible for protection to settle down in the Republic of Korea.
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(2) The basic education under paragraph (1) shall include the following:
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1. Education to increase understanding of all sectors of Korean society, such as politics, economy, society, and culture;
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2.Integrated education designed to prevent crimes of sexual violence, domestic violence, commercial sex acts, and sexual harassment from a gender equality perspective under Article 30 of the Framework Act on Gender Equality;
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3. Education for emotional stability and health promotion;
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4. Education for career guidance and vocational exploration;
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5. Education for provision of information on an initial settlement support system.
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(2)The Minister of Unification may provide separate adaptation education to persons eligible for protection at their place of residence in addition to the basic education under paragraph (1).
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(3) The Minister of Unification may entrust part of affairs regarding the basic education under paragraph (1), the adaptation education under paragraph (3), etc. to relevant specialized institutions, organizations, or facilities, as prescribed by Presidential Decree.
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(4)Matters necessary for education under paragraphs (1) and (3) shall be prescribed by Presidential Decree.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 15-2 (Designation of Local Adaptation Centers)
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(1) The Minister of Unification may designate and manage a professional institution, organization, or facility as a local adaptation center to provide comprehensive services, such as adaptation education at the place of residence referred to in Article 15 (3), counselling of psychology and career in consideration of the characteristics of North Korean defectors, provision of living information, guidance of employment services, social services, in consultation with the head of a local government having jurisdiction over the place of residence of a person eligible for protection (hereinafter referred to as "head of a local government").
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(2)The Minister of Unification may separately subsidize expenses incurred in managing local adaptation centers within budgetary limits.
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[This Article Newly Inserted on Mar. 26, 2010]
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Article 16 (Vocational Training)
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(1) The Minister of Unification may provide persons eligible for protection or persons who have been eligible for protection desiring to receive vocational training with training as prescribed by Presidential Decree.
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(2)The Minister of Unification shall endeavor to provide vocational training under paragraph (1) for not less than three months in consideration of work capability, etc. of persons eligible for protection.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 17 (Protection of Employment)
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(1)The Minister of Unification shall provide employment protection to any person eligible for protection for three years from the date such person is first employed, as prescribed by Presidential Decree, after he/she moves into the place of his/her residence from settlement support facilities: Provided, That where it is necessary to extend the period for employment protection for the socially vulnerable strata, long-term workers, etc. who fall under the grounds prescribed by Presidential Decree, the period for employment protection therefor may be extended by up to one year.
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(2)The period for employment protection referred to in paragraph (1) shall be determined on the basis of the number of actual employment days.
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(3)The Minister of Unification may provide employment support payment to any business owner who has employed any person eligible for protection referred to in paragraph (1) (hereinafter referred to as "person eligible for employment protection") within half the wage paid to the person eligible for employment protection, as prescribed by Presidential Decree.
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(4)A business owner who employs a person eligible for employment protection shall take into account the position, duties in charge, career, etc. he/she had in North Korea before escaping from that country.
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(5) Deleted.
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(6)The Minister of Unification may arrange employment for persons eligible for protection, as prescribed by Presidential Decree.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 17-2 (Limit on Employment Protection)
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(1)Where a person eligible for employment protection falls under any of the following cases, the Minister of Unification may limit his/her employment protection for a fixed period, as prescribed by Presidential Decree, notwithstanding Article 17 (1):
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1.Where a person eligible for employment protection fails to work for a period prescribed by Presidential Decree and quits his/her job by his/her own will without good cause;
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2.Where a person eligible for employment protection is dismissed from office due to neglect of duties, delinquency of duties, any illegal act, etc.
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(2)Where persons eligible for employment protection help an employer receive employment subsidies under Article 17 (3) by fraud or other improper means, the Minister of Unification may suspend or terminate employment protection, following deliberation by the Consultative Council.
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(3)When the Minister of Unification suspends or terminates employment protection pursuant to paragraph (2), he/she shall notify the relevant person eligible for employment protection of the specified reasons.
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(4) Where an employer receives employment subsidies provided in Article 17 (3) by fraud or other improper means, the Minister of Unification may restrict the payment of employment subsidies or order the return of the amount which has already been paid, as prescribed by Presidential Decree.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 17-3 (Support for Farming Settlement)
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(1)The Minister of Unification may provide North Korean defectors who hope for farming with the following administrative and financial support for settlement:
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1. Education and training on farming;
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2.On-the-spot training in rural areas;
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3. Financial assistance for farming;
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4.Other matters prescribed by Presidential Decree.
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(2)Necessary matters such as procedures for administrative and financial support referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Unification.
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[This Article Wholly Amended on Mar. 21, 2017]
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Article 17-4 (Tax Benefits)
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The State and local governments may provide financial support within budgetary limits or reduce or exempt tax as prescribed in any tax-related Act to the companies that employ North Korean defectors.
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[This Article Newly Inserted on Mar. 26, 2010]
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Article 17-5 (Preferential Purchase)
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The Minister of Unification may provide any business owner who has set an example related to the employment of North Korean defectors with support that includes the preferential purchase of goods he/she produces, as prescribed by Presidential Decree.
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[This Article Newly Inserted on Jan. 15, 2019]
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Article 17-6 (Support for Business Start-up)
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(1)The Minister of Unification may provide any of the following administrative and financial support for the business startup activities of North Korean defectors:
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1.Business startup training;
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2.On-the-spot training;
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3.Business start-up counseling;
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4. Assistance with funds for business start-up;
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5. Other matters prescribed by Presidential Decree.
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(2)Matters necessary for procedures, etc. for administrative and financial support provided under paragraph (1) shall be prescribed by Ordinance of the Ministry of Unification.
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[This Article Newly Inserted on Jan. 5, 2021]
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Article 18 (Special Appointments)
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(1)Notwithstanding Article 28 (2) of the State Public Officials Act and Article 27 (2) of the Local Public Officials Act, North Korean defectors who are deemed necessary to be appointed as public officials, such as those who have qualifications or personal career, may be specially appointed as state public officials or local public officials in consideration of their qualifications, personal career, etc. before escaping from North Korea.
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(2)Where persons eligible for protection who were soldiers of North Korea intend to be reassigned to the armed forces of the Republic of Korea, they may be specially appointed in consideration of their former rank, positions, and personal career before escaping from North Korea.
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(3)Matters necessary in relation to such special appointments as prescribed in paragraph (1) or (2) shall be prescribed by Presidential Decree.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 18-2 (Reflection of Evaluation of Public Agencies)
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(1)The central administrative agencies, local governments, and public agencies shall endeavor to employ North Korean defectors.
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(2)When the central administrative agencies, local governments, and public agencies are evaluated under the Framework Act on Public Service Evaluation, the employment rate of the North Korean defectors may be included in the items of evaluation.
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(3)Specific methods, procedures, etc. for the evaluation under paragraph (2) shall be determined by Presidential Decree in consideration of the characteristics of the central administrative agencies, local governments, and public agencies.
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[This Article Newly Inserted on Mar. 26, 2010]
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Article 19 (Special Cases of Establishment of Family Relationship Registration)
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(1)In the case of a person eligible for protection for whom the registration of family relationship has not made in the area south of the Military Demarcation Line (hereinafter referred to as "South Korea"), the Minister of Unification shall help him/her determine a place of registration basis at his/her own will and file an application form for permission to establish family relationship registration with the Seoul Family Court.
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(2) An application form for permission to establish family relationship registration as prescribed in paragraph (1) shall be attached by a certified copy of the personal identification registry of the person eligible for protection which is kept pursuant to Article 12 (1), and an identity card kept by reference to the method recorded in the family relationship register.
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(3) When the Seoul Family Court receives an application form for permission to establish family relationship registration pursuant to paragraph (1), it shall, without delay, decide whether it permits such registration, and when it permits the establishment of family relationship registration, it shall serve a certified copy of permission therefor on the head of a Si (referring to a Si not having any Gu; hereafter the same shall apply in this Article)/Gu/Eup/Myeon exercising administrative jurisdiction over the place of registration basis in question.
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(4) When the head of a Si/Gu/Eup/Myeon receives the certified copy of permission for establishing family relationship registration pursuant to paragraph (3), he/she shall without delay prepare a family relationship register and inform, by attaching a certificate for the recorded matters of family relationship, the reported matters on family relationship registration to the head of a Si (excluding the Special Metropolitan City Mayor and Metropolitan City Mayor; hereinafter the same shall apply)/Gun/Gu (referring to the head of an autonomous Gu: hereinafter the same shall apply) or the Special Self-Governing Province Governor exercising administrative jurisdiction over the domicile of the person eligible for protection.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 19-2 (Special Cases concerning Divorce)
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(1)Among persons who have established their family relationship registration pursuant Article 19, anyone who has his/her spouse in North Korea may file an application for divorce, where it is unclear whether his/her spouse lives in South Korea.
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(2)Anyone who is registered on the family relationship register as the spouse of a person who has established his/her family relationship registration pursuant to Article 19 may become the party to the judicial divorce.
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(3) Anyone who intends to file a divorce petition pursuant to paragraph (1) shall file a divorce petition, along with a written statement of the Minister of Unification, certifying that his/her spouse does not fall under the person eligible for protection, with the Seoul Family Court.
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(4)When the Seoul Family Court serves documents on the party to the judicial divorce under paragraph (2), it may serve them by public notice provided for in Article 195 of the Civil Procedure Act In such cases, the first service by public notice shall take effect after two months have lapsed from the date on which the first service by public notice is made: Provided, That the service by public notice made after the first service by public notice is made to the same party shall take effect on the date following the date on which the later service by public notice is made.
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(5) The period referred to in paragraph (4) shall not be shortened.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 19-3 (Special Cases concerning Correction of Resident Registration Number)
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(1)Any person, among North Korean defectors, who has received a resident registration number based on the location of the relevant settlement support facility may apply for correction of his/her resident registration number only once with the head of a Si/Gun/Gu or the Special Self-Governing Province Governor having jurisdiction over his/her place of residence.
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(2)Unless any special reason exists, the head of a Si/Gun/Gu or the Special Self-Governing Province Governor who has received an application under paragraph (1) shall correct the resident registration number based on the present place of residence.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 20 (Accommodation Support)
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(1)The Minister of Unification may provide accommodation support to persons eligible for protection, as prescribed by Presidential Decree.
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(2) No person eligible for protection who is provided with accommodation support pursuant to paragraph (1) shall terminate a lease contract, transfer the ownership, right to lease on a deposit basis, or right to lease (hereinafter referred to as "ownership, etc.") acquired by accommodation support, or settle mortgage on the property within two years from the date of the moving-in report for resident registration, unless obtaining permission from the Minister of Unification.
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(3) The Minister of Unification shall, by proxy of persons eligible for protection, apply for the registration of ownership, etc. under paragraph (2). In such cases, the fact that ownership, etc. is prohibited from being transferred or mortgaged shall be recorded on the application for registration.
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(4)The Minister of Unification may provide support to persons eligible for protection necessary for utilization of communal living facilities providing residential circumstances and protection like a home, as prescribed by Presidential Decree.
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(5)The State and local governments shall actively endeavor to secure houses to ensure stable residence of persons eligible for protection.
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(6)Where the place of residence of a person eligible for protection has been disclosed and it is evident that he/she has suffered or is likely to suffer serious harm to his/her life or body, the Minister of Unification may provide necessary support for moving his/her place of residence in consideration of the intention of the person eligible for protection, the need for physical protection, etc.
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(7) Matters necessary for the details of and procedures for support provided under paragraph (6) and other matters shall be prescribed by Presidential Decree.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 21 (Provision of Settlement Money)
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(1)The Minister of Unification may provide settlement money or goods equivalent thereto (hereinafter referred to as "settlement money and goods") to persons eligible for protection, based on their settlement conditions and their abilities to make a living. In such cases, such settlement money and goods may be reduced by up to 1/2.
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(2) The Minister of Unification may grant persons eligible for protection due compensation for information or equipment (including goods) which they have offered or brought, by grading them according to their practical value.
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(3) Matters necessary for the criteria, procedures, etc. for the provision and reduction of settlement money and goods and compensation provided for in paragraphs (1) and (2) shall be determined by Presidential Decree.
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(4) No settlement money referred to in paragraph (1) shall be transferred, provided for any security, or seized.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 21-2 (Support for Formation of Assets for Settlement)
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(1)The Minister of Unification may provide funding and education necessary for asset utilization to persons eligible for protection as a means of assisting them to accumulate assets necessary for settlement.
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(2)Matters necessary for the subject-matter of support, standards for providing support, and education prescribed in paragraph (1) shall be determined by Presidential Decree.
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[This Article Newly Inserted on May 28, 2014]
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Article 22 (Protection of Place of Residence)
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(1)The Minister of Unification may provide persons eligible for protection with protection necessary for the settlement of grievances which may arise in the course of their settlement and making a living independently after moving into the place of residence from settlement support facilities and for their self-sufficiency and settlement.
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(2)The Minister of Unification may delegate protection services referred to in paragraph (1) to the head of a local government following consultations with the Minister of the Interior and Safety.
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(3) The Minister of Unification shall conduct a survey on the status of North Korean defectors (hereinafter referred to as “fact-finding survey”). In such cases, such fact-finding survey shall include the following matters:
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1.Current educational conditions, such as school attendance;
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2.Current employment conditions, such as a type of occupation, type of employment, period of continuous service, wage level, and working conditions;
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3.Current housing conditions;
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4.Current conditions of medical support and support for minimum living standards;
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5.Matters concerning family financial status such as income, expenditures, and assets;
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6.Other matters deemed necessary by the Minister of Unification for the protection of the place of residence.
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(4)In order to conduct a fact-finding survey referred to in paragraph (3), the Minister of Unification may request the heads of relevant central administrative agencies, the heads of local governments, or the heads of public institutions prescribed in the Act on the Management of Public Institutions to provide support, including the submission of related materials. In such cases, upon receipt of a request for cooperation, such as the submission of materials, the heads of relevant central administrative agencies, etc. shall comply with such request, except in extenuating circumstances.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 22-2 (Personal Protection in Place of Residence)
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(1)The Minister of Unification may request cooperation from the Minister of National Defense or the Commissioner General of the Korean National Police Agency for the personal safety of persons eligible for protection after they move into the place of residence pursuant to Article 22, and the Minister of National Defense or the Commissioner General of the Korean National Police Agency requested to provide such cooperation shall comply with such request.
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(2) Matters necessary for personal protection prescribed in paragraph (1) shall be determined in consultation with the Minister of National Defense, the Director General of the National Intelligence Service, or the Commissioner General of the Korean National Police Agency. For matters concerning personal protection following an overseas trip, opinions from the Minister of Foreign Affairs or the Minister of Justice may be heard.
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(3) The period of personal protection prescribed in paragraph (1) shall be five years: Provided, That the Minister of Unification may extend such period following deliberation by the Consultative Council, based on the intention of a person eligible for protection, the necessity for continuing personal protection, etc.
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[This Article Newly Inserted on Jan. 15, 2019]
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[Previous Article 22-2 moved to Article 22-3 ]
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Article 22-3 (Operation of Professional Counsellor Program)
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(1)The Minister of Unification may operate a professional counsellor program for North Korean defectors, which would allow provision of professional counselling service, including a mental health examination, for North Korean defectors who have moved into the place of residence.
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(2)The Minister of Unification may provide continuing training to improve the qualifications of professional counsellors prescribed in paragraph (1).
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(3)Matters necessary for the methods, procedures, etc. for professional counselling prescribed in paragraphs (1) and (2) shall be determined by Ordinance of the Ministry of Unification.
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[This Article Newly Inserted on Mar. 26, 2010]
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[Moved from Article 22-2 ]
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Article 23 (Obligations to Report)
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The head of a local government shall check the actual conditions of settlement of persons eligible for protection, as prescribed by Presidential Decree, and report them to the Minister of Unification via the Minister of the Interior and Safety, on a half-yearly basis.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 24 (Educational Support)(1)
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(1)The Minister of Unification may provide persons eligible for protection with support necessary for education in consideration of their age, academic capability, and other educational conditions, as prescribed by Presidential Decree.
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(2)The Minister of Unification may subsidize expenses incurred in the operation of schools providing elementary and secondary education for North Korean defectors within budgetary limits, as prescribed by Presidential Decree.
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(3) In consultation with the Minister of Education, the Minister of Unification shall secure experts for education of persons eligible for protection, and endeavor to provide educational support and guidance for persons eligible for protection, including the diagnosis and evaluation of their academic ability, educational information management, education, training, and learning activity support.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 24-2 (Establishment of Preparatory Schools for North Korean Defectors)
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(1)The Minister of Unification may establish and operate a preparatory school for North Korean defectors within settlement support facilities in order to support entrance into a general school of adolescents who defected from North Korea (referring to the children of North Korean defectors who were born in third countries, including those who were admitted to settlement support facilities with their fathers or mothers), following consultation with the Minister of Education.
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(2)Matters concerning the period of education, method of operating programs, etc. of a preparatory school for North Korean defectors under paragraph (1) shall be determined by Presidential Decree.
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[This Article Newly Inserted on Mar. 26, 2010]
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Article 24-3 (Special Cases concerning Lease and Use of Public Property)
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(1)Where deemed necessary to help North Korean defectors or their children settle down, local governments may lease public property to schools providing education to them, which are provided for in Article 2 of the Elementary and Secondary Education Act or allow such schools to use and benefit from the public property by free contracts, notwithstanding the Public Property and Commodity Management Act.
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(2) In the case of leasing public property to schools or allowing schools to use and benefit therefrom as provided for in paragraph (1), the period thereof may not exceed 10 years, notwithstanding Articles 21 (1) and 31 (1) of the Public Property and Commodity Management Act. In such cases, the period may be renewed for a period not exceeding 10 years.
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[This Article Newly Inserted on Mar. 13, 2018]
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Article 25 (Medical Care Assistance)
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(1)The Minister of Unification may provide medical care assistance to persons eligible for protection and their family members, as prescribed in the Medical Care Assistance Act.
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(2)The Minister of Unification may subsidize some of the insurance premiums that persons eligible for protection should pay under Article 69 of the National Health Insurance Act in consideration of the financial capacity, etc. of persons eligible for protection to whom the National Health Insurance Act is applicable.
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(3)The scope of persons eligible for protection and the support for insurance premium payment provided in paragraph (2) shall be prescribed by Presidential Decree
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[This Article Wholly Amended on Mar. 26, 2010]
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[Title Amended on Aug. 13, 2013]
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Article 26 (Livelihood Protection)
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Notwithstanding Articles 8 (2), 12 (3), 12-2, and 12-3 (2) of the National Basic Living Security Act and Article 5 of the Housing Benefits Act, where any person having difficulty in earning a living, among those who cease to receive protection provided for in Article 11, applies to a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (in cases of education benefits referred to in Article 7 (1) 4 of the National Basic Living Security Act, referring to the superintendent of education of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province) under Article 21 of the National Basic Living Security Act, such person may be entitled to receive any of the following protection during a period of up to five years:
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1.Livelihood benefits prescribed in Articles 7 (1) 1, 8 (excluding paragraph (2)), 9, and 10 of the National Basic Living Security Act;
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2.Housing benefits prescribed in Articles 7 (1) 2 and 11 of the National Basic Living Security Act and the Housing Benefits Act (excluding Article 5);
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3.Medical benefits prescribed in Article 7 (1) 3 and 12-3 (excluding paragraph (2)) of the National Basic Living Security Act and the Medical Care Assistance Act;
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4.Education benefits prescribed in Articles 7 (1) 4 and 12 (excluding paragraph (3)) of the National Basic Living Security Act;
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5.Childbirth benefits prescribed in Articles 7 (1) 5 and 13 of the National Basic Living Security Act;
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6. Funeral benefits prescribed in Articles 7 (1) 6 and 14 of the National Basic Living Security Act;
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7.Self-sufficiency benefits prescribed in Articles 7 (1) 7 and 15 of the National Basic Living Security Act.
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[This Article Wholly Amended on Nov. 15, 2016]
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Article 26-2 (Special Cases concerning National Pension)
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(1)Any person eligible for protection who is between 50 and 60 years old as at the time when his/her protection is determined pursuant to Article 8 shall be entitled to receive the national pension from the date under any of the following subparagraphs notwithstanding Article 61 of the National Pension Act:
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1. A person who has been insured with the national pension for a period of not less than five years but less than 10 years before he/she turns 60: The date on which he/she turns 60;
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2. A person who has been insured with the national pension for a period of not less than five years after he/she turns 60: The date on which he/she is disqualified as a pension insured.
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(2) The amount of the national pension referred to in paragraph (1) shall be the total sum of an amount equivalent to 250/1,000 of the basic pension amount under Article 51 of the National Pension Act and the pension amount for dependants under Article 52 of the same Act: Provided, That in cases where the insured period exceeds five years, an amount equivalent to 50/1,000 of the basic pension amount shall be added every excess year (every month of less than one year shall be calculated as 1/12 year).
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(3)Matters concerning the national pension of a person eligible for protection shall be governed by the National Pension Act, except as otherwise provided for in this Act.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 26-3 (Support for Livelihood)
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Where the State, local governments, and public organizations grant permission for or entrust the establishment of convenience business and facilities within public facilities under their management, they shall give preferential consideration to any request from the person eligible for protection under this Act, as prescribed by Presidential Decree.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 26-4 (Lending of Money)
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Persons eligible for protection may receive special support with respect to the selection of eligible persons, maximum amount of support, etc. in the support of livelihood stability funds under Article 17 of the Framework Act on Worker’s Welfare and the payment or lending of money and other goods under Article 15 of the National Basic Living Security Act.
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[This Article Newly Inserted on Mar. 26, 2010]
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Article 27 (Alteration of Protection)
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(1)Where a person eligible for protection falls under any of the following cases, the Minister of Unification may suspend or terminate protection and settlement support, following deliberation by the Consultative Council:
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1.Where he/she is sentenced to imprisonment with or without labor for at least one year and his/her sentence is made final and conclusive;
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2.Where he/she intentionally provides false information contrary to the interest of the State;
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3.Where he/she is declared dead or missing by court;
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4.Where he/she attempts to go back to North Korea;
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5.Where he/she violates this Act or an order issued under this Act.
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6.Where he/she falls under grounds prescribed by Presidential Decree.
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(2) The head of a local government may request the Minister of Unification via the Minister of the Interior and Safety to suspend or terminate protection and settlement support for persons eligible for protection prescribed in paragraph (1) or to reduce or extend the period therefor under the proviso of Article 5 (3).
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(3) Where the Minister of Unification suspends or terminates protection and settlement support prescribed in paragraph (1) or reduces or extends the period therefor, as prescribed in the proviso of Article 5 (3), he/she shall specify the grounds and notify the relevant person eligible for protection thereof, and notify the Minister of the Interior and Safety and the head of the relevant local government of such fact.
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(4)Where any ground prescribed in paragraph (1) 1 occurs to a person eligible for protection, the Minister of Justice shall immediately notify the Minister of Unification thereof.
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(5)The Minister of Unification may request the related agencies to provide data in order to check whether any ground for changing protection occurs to a person eligible for protection. In such cases, the head of the related agency in receipt of such request shall comply with such request, except in extenuating circumstances.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 28
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Article 29 (Bearing of Expenses)
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(1)Expenses incurred in providing protection and settlement support pursuant to this Act shall be borne by the State.
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(2)The State shall provide the local government concerned with expenses incurred for protection service pursuant Article 22 (2) each year, and additionally provide its deficient amount or recover its overpaid amount.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 30 (Foundation of Support for North Korean Defectors)
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(1)The Government shall establish a Foundation of Support for North Korean Defectors (hereinafter referred to as the "Foundation") to protect residents escaping from North Korea and support their settlement.
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(2)The Foundation shall be a body corporate and established at the time when it registers such establishment at the location of its main office.
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(3)The articles of association of the Foundation shall include the following matters:
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1.Objectives;
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2.Name;
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3.Matters concerning its executive officers and employees;
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4.Matters concerning the operation of the board of directors;
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5.Matters concerning its business;
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6.Matters concerning its assets and accounting;
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7.Matters concerning giving public notice;
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8.Matters concerning the amendment to the articles of association;
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9.Matters concerning establishment, amendment, and repeal of internal regulations.
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(4)The Foundation shall conduct the following projects:
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1. Projects to support life stabilization and adaptation to society of North Korean defectors;
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2.Projects to support employment and business start-up of North Korean defectors;
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3.Projects necessary for vocational training of North Korean defectors;
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4.Projects to grant scholarship to North Korean defectors;
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5.Projects related to training professional counselling staff and professional counselling services for North Korean defectors;
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6.Cooperative projects with private organizations relating to North Korean defectors;
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7.Projects related to developing policies to support North Korean defectors and relevant survey and research;
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8.Projects related to a survey of actual status and construction of statistics with respect to North Korean defectors;
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8-2.Projects to support farming settlement of North Korean defectors;
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9.Other projects entrusted by the Minister of Unification to the Foundation which is deemed necessary for protection and settlement support of North Korean defectors.
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(5)The Foundation shall have not more than 10 directors, including one chief director and one auditor, and the chief director shall be appointed by the Minister of Unification upon recommendation of the board of directors from among those who have profound knowledge and experience in the issue of North Korean defectors, and the appointment procedure for the directors and auditor shall be prescribed by Presidential Decree. In such cases, the term of office of the chief director, directors, and auditor shall be three years, and the consecutive appointment may be permitted only once.
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(6)The Foundation shall have the board of directors consisting of the chief director and directors in order to deliberate on and decide the important matters concerning the projects and operation of the Foundation, and the chief director shall convene a meeting of the board of directors and become the chairperson of the meeting.
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(7) The Government may contribute or subsidize expenses incurred in establishing and operating the Foundation within budgetary limits.
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(8)The Foundation may borrow funds necessary for the projects referred to in paragraph (4) by obtaining approval from the Minister of Unification.
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(9) Where deemed necessary, the Foundation may collect donations under the Act on Collection and Use of Donations by obtaining approval from the Minister of Unification.
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(10)The Foundation shall be operated with the following financial resources:
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1.Contributions and subsidies from the Government;
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2.Borrowed money under paragraph (8);
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3.Donations under paragraph (9);
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4.Other profits.
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(11)When the Foundation is dissolved, surplus assets shall revert to the State as prescribed in the articles of association.
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(12)The Minister of Unification shall direct and supervise the Foundation.
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(13)Executives officers and employees of the Foundation shall be deemed public officials in applying Articles 129 through 132 of the Criminal Act when they perform projects under this Act.
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(14)Any person, other than the Foundation under this Act, shall be prohibited from using the name "Foundation of Support for North Korean Defectors" or any similar name thereto.
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(15)Except as provided for in this Act concerning the Foundation, the provisions concerning incorporated foundations referred to in the Civil Act shall apply mutatis mutandis.
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(16)Necessary matters concerning the establishment, composition, operation, guidance, supervision, etc. of the Foundation shall be prescribed by Presidential Decree.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 31 (Delegation or Entrustment of Authority)
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(1)Authority bestowed by this Act upon the Minister of Unification may be partially delegated to the head of an agency under his/her control or to the head of a local government as prescribed by Presidential Decree.
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(2)Authority bestowed by this Act upon the Minister of Unification may be partially entrusted to the head of another administrative agency or to a related corporation or organization as prescribed by Presidential Decree.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 32 (Application for Objection)
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(1)Any person eligible for protection who is dissatisfied with a disposition on protection and support under this Act may apply for an objection to the Minister of Unification in writing within 90 days from the date of receiving the notice of the disposition.
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(2) When the Minister of Unification receives an application for an objection as prescribed in paragraph (1), he/she shall examine it without delay, and where the disposition is considered unlawful or unjust, he/she may require correction thereof or take other necessary measures. In such cases, prior deliberation by the Consultative Council is required.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 33 (Penalty Provisions)
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(1)Any person who receives protection and support under this Act or helps any other person receive such protection and support by fraud or other improper means shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won.
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(2)Any person who takes advantage of information or materials which he/she has learned in the course of conducting affairs under this Act for the purposes other than those connected with this Act without any justifiable ground shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won.
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(3)Any property or proprietary gains obtained pursuant to paragraph (1) or (2) shall be confiscated. When it is unfeasible to confiscate the gains, the corresponding value thereof shall punitively be collected.
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(4)A person who attempts to commit an offence prescribed in paragraph (1) shall be punished.
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[This Article Wholly Amended on Mar. 26, 2010]
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Article 34 (Administrative Fines)
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(1)Any person who uses the name "the Foundation of Support for North Korean Defectors" or any name similar thereto in violation of Article 30 (14) shall be punished by an administrative fine not exceeding five million won.
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(2)Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Unification.
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[This Article Newly Inserted on Mar. 26, 2010]
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ADDENDA
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Article 1 (Enforcement Date)
- This Act shall enter into force six months after the date of its promulgation.
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Article 2 (Act Repealed)
- The Act on the Protection of North Korean Repatriates (hereinafter referred to as the "Repatriates Protection Act") shall be repealed.
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Article 3 (Transitional Measures concerning Deliberations of Consultative Council)
- The agenda under deliberation at the time when this Act enters into force by the Committee for the Protection of North Korean Repatriates established under the provisions of Article 13 of the Repatriates Protection Act shall be considered by the Consultative Council established under the provisions of Article 6 of this Act.
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Article 4 (Transitional Measures concerning Registration)
- Persons registered as North Korean repatriates pursuant to the Repatriates Protection Act at the time when this Act enters into force, shall be regarded to be registered as persons subject to protection under this Act.
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Article 5 (Transitional Measures concerning Social Adaptation Education and Vocational Training)
- Persons registered as North Korean repatriates to the Repatriates Protection Act at the time when this Act enters into force, may receive such social adaptation education and vocational training as prescribed in Articles 15 and 16.
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Article 6 (Transitional Measures concerning Settlement Money and Compensation)
- The settlement money and compensation which have been decided to be granted pursuant to the Repatriates Protection Act at the time when this Act enters into force, shall be dispensed by the Minister for National Unification according to the previous provisions.
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Article 7 (Transitional Measures concerning Accommodation Support)
- Persons who have been decided to be entitled to receive accommodation support pursuant to the Repatriates Protection Act at the time when this Act enters into force, shall be supported by the Minister for National Unification in accordance with the previous provisions.
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Article 8 (Transitional Measures concerning Educational Protection)
- Persons who are receiving, or have been decided to be entitled to receive, educational protection pursuant to the Repatriates Protection Act at the time when this Act enters into force, shall be granted such protection by the Minister for National Unification in accordance with the previous provisions.
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Article 9 (Transfer of Budget)
- Any head of the central administrative agency concerned who is, at the time when this Act enters into force, implementing a project prescribed in the Repatriates Protection Act, shall transfer the project budget to the Minister for National Unification on the enforcement date of this Act.
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Article 10 (Preparation for Establishment of Association of Supporters)
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(1)The Minister for National Unification shall, within two months from the enforcement date of this Act, commission organizing members not more than five persons (hereinafter referred to as "organizing members") selected from among the directors of the Association of Supporters for North Korean Repatriates established under the Repatriates Protection Act (hereinafter referred to as the "Association of Supporters for North Korean Repatriates") to take charge of the affairs relating to the establishment of the Supporters' Association and the nomination of directors and auditor at the time of establishment.
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(2)The organizing members shall draw up articles of association and obtain authorization from the Minister for National Unification.
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(3)The president of the Supporters' Association under establishment shall be appointed by the Minister for National Unification.
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(4)The organizing members shall, when they have obtained authorization as prescribed in paragraph (2) above, file without delay registration of incorporation for the Supporters' Association under their joint signature and transfer their duties to the president.
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(5)The organizing members shall, when the transfer of duties is completed as prescribed in paragraph (4) above, be regarded as being decommissioned therefrom.
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(6)The expenses defrayed until the Supporters' Association is organized shall be borne by the Association of Supporters for North Korean Repatriates.
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Article 11 (Transitional Measures concerning Association of Supporters for North Korean Repatriates)
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(1)The Association of Supporters for North Korean Repatriates shall, notwithstanding the provisions of Article 2 of the Addenda, continue to exist until the Supporters' Association pursuant to this Act is established.
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(2)At the time when this Act enters into force, the Association of Supporters for North Korean Repatriates may, on the basis of a decision of its board of directors, apply to the Minister for National Unification for the succession of all of its rights and obligations by the Supporters' Association to be established under this Act.
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(3) The Association of Supporters for North Korean Repatriates shall, when it obtains approval from the Minister for National Unification on an application for succession as prescribed in paragraph (2) above, be regarded to be dissolved upon the establishment of the Supporters' Association under this Act, while all of the rights and obligations vested in the Association of Supporters for North Korean Repatriates shall be succeeded to by the Supporters' Association.
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(4)The value of the properties that the Supporters' Association is entitled to succeed to as prescribed in paragraph (3) above shall be deter mined on the basis of the book price thereof as assessed on one day before the date of registration of its incorporation.
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Article 12 (Transitional Measures concerning Penalty Provisions)
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Previous provisions shall apply to a penalty applicable to a conduct committed before this Act enters into force.
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Article 13
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ADDENDA
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Article 1 (Enforcement Date)
- This Act shall enter into force on the date of its promulgation.
- Articles 2 through 4 Omitted.
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ADDENDA
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(1) (Enforcement Date) This Act shall enter into force on January 1, 2000.
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(2)(Retroactive Application concerning Employment Protection) The amended provisions of Article 17 and Article 17-2 shall also apply to any North Korean defector after December 12, 1993. In this case, the period for employment protection for such residents shall reckon from the date on which they are employed for the first time after the enforcement of this Act.
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(3) (Transitional Measures concerning Special Case for National Pension) The amended provisions of Article 26-2 shall also apply to any North Korean defector whose protection is determined under the provisions of Article 8 during a period from April 2, 1999 to the date preceding the enforcement date of this Act.
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ADDENDA
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Article 1 (Enforcement Date)
- This Act shall enter into force on October 1, 2001.
- Articles 2 through 13 Omitted.
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ADDENDA
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(1)(Enforcement Date) This Act shall enter into force one month after the date of its promulgation.
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(2)(Retroactive Application of Provisions concerning Special Case of Divorce) The amended provisions of Article 19-2 shall apply to North Korean defectors who have acquired their permanent domiciles on or after March 18, 2003 on which the established rules governing the family registration No. 644 of the Supreme Court entered into force.
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ADDENDA
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Article 1 (Enforcement Date)
- This Act shall enter into force on January 1, 2008. (Proviso Omitted.)
- Articles 2 through 9 Omitted.
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ADDENDA
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Article 1 (Enforcement Date)
- This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
- Articles 2 through 43 Omitted.
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ADDENDA
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Article 1 (Enforcement Date)
- This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
- Articles 2 through 7 Omitted.
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ADDENDA
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(1)(Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 19-3 shall enter into force on the date of its promulgation.
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(2)(Transitional Measures concerning Standard for Determination of Protection) The amended provision of Article 9 (1) 5 shall not apply in cases where a North Korean defector, who entered the Republic of Korea before this Act enters into force but has not applied for protection at the time when this Act enters into force, applies for protection within one year after this Act enters into force.
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ADDENDA
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Article 1 (Enforcement Date)
- This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 15-2, 17-4, 18 (1), 18-2, 20 (2), 22-2, 24-2, 26-4, 27 (4) and (5), 30, and 34 shall enter into force six months after the date of their promulgation.
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Article 2 (Transitional Measure concerning Association of Supporters for North Korean Defectors)
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(1) The Association of Supporters for North Korean Defectors (hereinafter referred to as the "Supporters' Association") which was established under the previous provision before the enforcement of the amended provisions of Article 30 shall be deemed to have been dissolved on the enforcement date of the amended provisions of Article 30, notwithstanding the provisions on the liquidation and dissolution of a corporation in the Civil Act, and all property, rights and obligations of the Supporters' Association shall be inherited as a whole by the Foundation of Support for North Korean Defectors (hereinafter referred to as the "Foundation") established under the amended provisions of Article 30.
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(2)The name of the Supporters' Association indicated on the register of the property, rights and obligations inherited as a whole and on other public record shall be deemed the name of the Foundation.
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(3) Any executive officers and employees of the Supporters' Association appointed before the enforcement of the amended provisions of Articles 30 shall be deemed executives and employees of the Foundation. In such cases, the term of office of such exclusives shall be three years from the date of their appointment.
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ADDENDA
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Article 1 (Enforcement Date)
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(1)This Act shall enter into force on the date of its promulgation.
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(2)Omitted.
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Articles 2 through 7 Omitted.
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ADDENDUM
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This Act shall enter into force six months after the date of its promulgation.
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ADDENDUM
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This Act shall enter into force three months after the date of its promulgation.
-
ADDENDUM
-
This Act shall enter into force six months after the date of its promulgation.
-
ADDENDA
-
Article 1 (Enforcement Date)
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This Act shall enter into force on the date of its promulgation: Provided, That the amendments to any Act, which is promulgated before this Act enters into force and is to be amended pursuant to Article 6 of the Addenda, but the enforcement date of which has yet to come, shall enter into force on the date such Act enters into force.
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Articles 2 through 7 Omitted.
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ADDENDUM
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This Act shall enter into force on the date of its promulgation.
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ADDENDUM
-
This Act shall enter into force six months after the date of its promulgation.
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ADDENDA
-
Article 1 (Enforcement Date)
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This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended in accordance with Article 5 of these Addenda, amendments to Acts, which were promulgated before this Act enters into force, but the dates on which they are to enter into force have yet to arrive, shall enter into force on the enforcement dates of the respective Acts.
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Articles 2 through 6 Omitted.
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ADDENDUM
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This Act shall enter into force three months after the date of its promulgation.
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ADDENDA
-
Article 1 (Enforcement Date)
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This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 7, 17-5 and 21 shall enter into force six months after the date of its promulgation.
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Article 2 (Applicability to Accommodation Support)
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The amended provisions of Article 9 (3) 1 shall begin to apply to a North Korean defector who is not designated as a person eligible for protection after this Act enters into force.
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Article 3 (Special Cases concerning Criteria for Protection Decision)
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(1)A person who applied for protection prescribed in Article 7 (1) but has not been designated as a person eligible for protection on grounds of the previous Article 9 (1) 5 (a person applying for protection one year after his/her entry into the Republic of Korea), among the North Korean defectors for whom three years have not passed from the date of entry into the Republic of Korea as at the time this Act enters into force, may file another application for protection only once within one year from the date when this Act enters into force.
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(2)The Minister of Unification shall decide whether to protect such person within 60 days from the date of receiving the reapplication filed under paragraph (1) and inform the person who applied for protection of the results thereof.
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ADDENDUM
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This Act shall enter into force six months after the date of its promulgation.
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ADDENDUM
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This Act shall enter into force six months after the date of its promulgation.
