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]
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]
Article 3(Scope of application) #
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]
Article 4(Basic principles) #
(1) The Republic of Korea shall provide persons eligible for protection with special protection on the principle of humanitarianism.
(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.
(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.
(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.
[This Article Wholly Amended on Mar. 26, 2010]
Article 4-2(Responsibilities of the state and local governments) #
(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. <Amended on Mar. 21, 2017; Jan. 5, 2021>
(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, youth, women, the elderly, people with disabilities, etc. <Added on Mar. 21, 2017; Jan. 5, 2021; Mar. 28, 2023>
[This Article Added on Aug. 13, 2013]
[Title Amended on Jan. 5, 2021]
Article 4-3(Master plans and implementation plans) #
(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 North Korean Defectors Protection and Settlement Support Council referred to in Article 6. <Amended on Apr. 20, 2021>
(2) A master plan shall include the following: <Amended on May 28, 2014; Dec. 20, 2024>
1. Matters related to education necessary for the protection and settlement of persons eligible for protection;
2. Matters related to the vocational training, employment promotion, and employment maintenance of persons eligible for protection;
3. Matters related to the installation and operation of settlement support facilities as well as accommodation support for persons eligible for protection;
4. Matters related to the medical support, support for minimum living standards, etc. for persons eligible for protection;
5. Matters related to the social integration and improvement of public awareness of persons eligible for protection;
6. Matters related to child-rearing by persons eligible for protection;
7. Other matters deemed necessary by the Minister of Unification for the protection of persons eligible for protection, support for their settlement, promotion of their employment, and other related purposes.
(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 heads of the relevant central administrative agencies and the heads of local governments. <Amended on Feb. 6, 2024>
(4) Where the Minister of Unification intends to formulate a master plan and an implementation plan, he or she shall reflect the outcomes of a fact-finding survey prescribed in Article 22(3).
(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. <Added on Mar. 21, 2017>
(6) The Minister of Unification may request the head of the relevant central administrative agency or local government to submit relevant materials to analyze the achievements under paragraph (5). 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. <Added on Mar. 21, 2017>
Article 4-4(North Korean Defectors' Day) #
(1) July 14 of each year shall be designated as North Korean Defectors' Day to raise public awareness of North Korean defectors and to enhance their rights and interests.
(2) The State and local governments may hold events, provide education, and conduct publicity activities, in accordance with the purpose of North Korean Defectors' Day.
[This Article Added on Dec. 20, 2024]
Article 5(Criteria for protection) #
(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. <Amended on Jan. 15, 2019>
(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.
(3) A person eligible for protection shall be provided with protection at a settlement support facility for a period of up to 1 year and at the place of residence for 5 years; provided, the respective periods of protection may be shortened or extended after deliberation by the North Korean Defectors Protection and Settlement Support Council as prescribed in Article 6, in special circumstances. <Amended on Apr. 20, 2021>
(4) A person eligible for protection may request the Minister of Unification to shorten or extend the period of protection under the proviso of paragraph (3), in special circumstances. <Added on Feb. 6, 2024>
(5) With respect to the extension of the period of protection under the proviso of paragraph (3), the Minister of Unification shall notify the relevant person eligible for protection of the matters prescribed by Presidential Decree, such as the expiration date of the period of protection and the procedures for requesting an extension of such period, before the period expires. <Added on Feb. 6, 2024>
(6) The procedures, methods, and other matters necessary for shortening or extending the period of protection at the place of residence under paragraph (4) shall be prescribed by Presidential Decree. <Added on Feb. 6, 2024>
[This Article Wholly Amended on Mar. 26, 2010]
Article 6(North Korean Defectors Protection and Settlement Support Council) #
(1) The North Korean Defectors Protection and Settlement Support Council (hereinafter referred to as "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: <Amended on Aug. 13, 2013; Jan. 15, 2019; Apr. 20, 2021; Jan. 9, 2024>
1. Matters relating to the shortening or extension of the period of protection and settlement support prescribed in the proviso of Article 5(3);
1-2. Matters relating to the formulation and implementation of master plans and implementation plans prescribed in Article 4-3;
2. Matters relating to decisions on whether to grant protection prescribed in the main clause of Article 8(1);
2-2. Matters relating to requests for investigation and other necessary measures under Article 9(3);
3. Matters relating to suspension or termination of employment protection prescribed in Article 17-2(2);
3-2. Matters relating to the period of personal protection under Article 22-2(3) and the extension and termination of such period under paragraph (4) of that Article;
3-3. Matters relating to the resumption of personal protection at the place of residence and the extension and termination of the resumed period of personal protection under Article 22-2(5) and (6);
4. Matters relating to suspension or termination of protection and settlement support prescribed in Article 27(1);
5. Matters relating to measures, such as correction prescribed in the former part of Article 32(2);
6. Other matters relating to protection and settlement support for persons eligible for protection, as prescribed by Presidential Decree.
(2) The Consultative Council shall consist of up to 40 members, including 1 chairperson. In such cases, public officials of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province shall be included. <Amended on Feb. 6, 2024>
(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.
Article 7(Application for protection) #
(1) Any North Korean defector who intends to be protected under this Act shall apply for protection in person with the head of a diplomatic mission abroad, or the head of any administrative agency (including the commander of a military unit of various levels; hereinafter referred to as "head of a diplomatic mission abroad, etc."); provided, 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.
(2) Upon receipt of an application for protection under the main clause of paragraph (1), the head of a diplomatic mission abroad, etc. 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 or she belongs of such fact.
(3) The Minister of Foreign Affairs may provide support necessary for entry into the Republic of Korea to a North Korean defector who has filed an application for protection in a foreign country with the head of a diplomatic mission abroad under paragraph (1), as prescribed by Presidential Decree. <Added on Dec. 20, 2024>
(4) The Director of the National Intelligence Service informed under 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. <Amended on Jan. 15, 2019; Dec. 20, 2024>
(5) 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 (4) (hereinafter referred to as "provisional protective facility"). <Added on Jan. 15, 2019; Dec. 20, 2024>
(6) Matters necessary for the details and methods of investigations and provisional protective measures under paragraph (4) and the establishment and operation of provisional protective facilities under paragraph (5) shall be prescribed by Presidential Decree. <Added on Jan. 15, 2019; Dec. 20, 2024>
[This Article Wholly Amended on Mar. 26, 2010]
Article 8(Decision on protection) #
(1) When the Minister of Unification is notified as prescribed in Article 7(4), he or she shall decide on eligibility for protection following deliberation by the Consultative Council; provided, 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. <Amended on Dec. 20, 2024>
(2) Where the Minister of Unification has decided on eligibility for protection pursuant to the main clause of paragraph (1), he or she shall, without delay, inform the head of a diplomatic mission abroad, etc. via the head of the relevant central administrative agency of such decision, and the head of a diplomatic mission abroad, etc. informed as such shall promptly notify the applicant thereof.
[This Article Wholly Amended on Mar. 26, 2010]
Article 9(Criteria for protection decision) #
(1) In making a decision on whether to provide protection pursuant to the main clause of Article 8(1), any of the following persons may not be designated as persons eligible for protection: <Amended on Jan. 15, 2019; Dec. 8, 2020>
1. International criminal offenders involved in aircraft hijacking, drug trafficking, terrorism or genocide, etc.;
2. Offenders of nonpolitical and serious crimes, such as murder;
3. Suspects of disguised escape;
4. Deleted; <Dec. 8, 2020>
5. Persons who have applied for protection when three years elapsed since their entry into the Republic of Korea;
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.
(2) The provisions of paragraph (1)5 shall not apply where North Korean defectors have unavoidable grounds prescribed by Presidential Decree. <Amended on May 28, 2014; Dec. 8, 2020>
(3) If necessary for national security, maintenance of public order, or other similar reasons, the Minister of Unification may request the competent investigative agency to investigate a person falling under the category specified in paragraph (1)1 or 2 or may take other necessary measures, after deliberation by the Council. <Added on Jan. 9, 2024>
(4) 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): <Amended on May 28, 2014; Mar. 21, 2017; Jan. 15, 2019; Dec. 8, 2020; Jan. 9, 2024>
1. Protection and special cases prescribed in Articles 11,13,14,16,17-3,19,19-2,20 (applicable only if a person has not been designated as a person eligible for protection on the grounds that the person falls under the category specified in paragraph (1)5 of this Article),22,22-2, and 26-2;
2. Protection and support prescribed by Presidential Decree as necessary for settlement in a community.
(5) Other matters necessary for protection and support under paragraph (4) shall be prescribed by Presidential Decree. <Amended on Jan. 9, 2024>
Article 10(Establishment of settlement support facilities) #
(1) The Minister of Unification shall establish and operate settlement support facilities to provide protection and settlement support to persons eligible for protection; provided, the Director of the National Intelligence Service may establish and operate separate settlement support facilities for the persons to whom he or she has decided to provide protection pursuant to the proviso of Article 8(1).
(2) Where the Minister of Unification or the Director of the National Intelligence Service establishes the settlement support facilities pursuant to paragraph (1), he or she shall provide accommodations and other necessary facilities so that persons eligible for protection may pursue healthy and comfortable lives and adaptation activities.
(3) Necessary matters in relation to the types, management, and operation of settlement support facilities shall be determined by Presidential Decree.
[This Article Wholly Amended on Mar. 26, 2010]
Article 11(Protection at settlement support facilities) #
(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.
(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.
(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 or her identity and motive for the escape from North Korea, conduct medical checkup, or take other measures necessary for settlement support.
[This Article Wholly Amended on Mar. 26, 2010]
Article 11-2(Protection of youth without relatives) #
(1) In order to protect youths without relatives (referring to a child or youth without relatives under 24 years of age who is eligible for protection but is not accompanied by his or her lineal ascendants; hereafter in this Article, the same shall apply), the Minister of Unification may select guardians for such youths (referring to the representative of a corporation, where a corporation provides protection; hereafter in this Article, referred to as "guardian").
(2) The Minister of Unification shall respect the opinions of youths without relatives when selecting a guardian, and take into account the following:
1. Health, living relationships and property status of youths without relatives;
2. Occupation and experience of a guardian;
3. Whether there is an interest between the guardian and the youth without relatives (where the representative of a corporation is a guardian, referring to the type and purpose of the corporation, and whether the youth without relatives has an interest relationship with the corporation or its representative);
4. Other matters prescribed by Presidential Decree relating to the selection, etc. of guardians.
(3) To protect youths without relatives, the Minister of Unification shall establish a system for mutual cooperation with guardians, the Foundation of Support for North Korean Defectors under Article 30, and private organizations prescribed by Decree of the Ministry of Unification.
(4) Where the Minister of Unification needs to locate youths without relatives to provide urgent support for their protection, education, employment, accommodation, medical care, support for minimum living standards, etc. under Article 4-2, the Minister may request that a telecommunications business operator under subparagraph 8 of Article 2 of the Telecommunications Business Act offer the telephone numbers of youths without relatives or their guardians (including their cellular phone number; hereafter in this Article, the same shall apply); provided, where it is impracticable to locate the youths without relatives, who are minor, through the help of the guardian, their telephone number may be requested.
(5) Upon receipt of a request under paragraph (4), a telecommunications business operator shall comply therewith, unless there is good cause.
(6) Where it is necessary to appoint a guardian under the Civil Act for protecting youths without relatives, the Minister of Unification may request that the head of the competent local government file a petition with the court to appoint a guardian.
Article 12(Personal identification registry) #
(1) Upon making a protection decision under Article 8(1), the head of an agency that establishes and operates settlement support facilities under Article 10(1) shall manage and retain a personal identification registry containing the following information about persons eligible for protection, as prescribed by Presidential Decree: <Amended on Apr. 20, 2021; Feb. 6, 2024>
1. Name;
2. Sex;
3. Date of birth;
4. Place of registration under Article 10(1) of the Act on Registration of Family Relations (hereinafter referred to as "place of registration");
5. Family relations (including siblings);
6. Educational background, occupation, and other career history;
7. Other matters prescribed by Presidential Decree as necessary for the protection of, and support for, persons eligible for protection.
(2) The Minister of Unification shall manage and retain 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 or she administers and keeps pursuant to paragraph (1).
(3) A person subject to protection may apply to the Minister of Unification for issuance of a confirmation of family relationship among the records in the registration ledger under paragraph (1). <Added on Apr. 20, 2021>
(4) The Minister of Unification shall issue a confirmation regarding the family relationship of the person subject to protection upon request under paragraph (3). <Added on Apr. 20, 2021>
(5) The application and issuance of the confirmation letter pursuant to paragraphs (3) and (4) may be processed electronically. <Added on Apr. 20, 2021>
(6) Other necessary matters including the application for and issuance of a confirmation letter under paragraphs (3) and (4) shall be prescribed by Presidential Decree. <Added on Apr. 20, 2021>
[This Article Wholly Amended on Mar. 26, 2010]
Article 13(Accreditation of academic background) #
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.
[This Article Wholly Amended on Mar. 26, 2010]
Article 14(Accreditation of qualifications) #
(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.
(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.
(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.
[This Article Wholly Amended on Mar. 26, 2010]
Article 15(Social adaptation education) #
(1) The Minister of Unification shall provide necessary basic education to persons eligible for protection to settle down in the Republic of Korea.
(2) The basic education under paragraph (1) shall include the following: <Added on Jan. 5, 2021>
1. Education to increase understanding of all sectors of Korean society, such as politics, economy, society, and culture;
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;
3. Education for emotional stability and health promotion;
4. Education for career guidance and vocational exploration;
5. Education for provision of information on an initial settlement support system.
(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). <Amended on Jan. 5, 2021>
(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. <Added on Jan. 5, 2021>
(4) Matters necessary for education under paragraphs (1) and (3) shall be prescribed by Presidential Decree. <Amended on Jan. 5, 2021>
[This Article Wholly Amended on Mar. 26, 2010]
Article 15-2(Designation of regional adaptation centers and entrustment of tasks) #
(1) To comprehensively support North Korean defectors in adapting to their local communities, the Minister of Unification may designate and operate a regional adaptation center from among institutions or organizations that meet the qualifications and facility requirements prescribed by Presidential Decree, in consultation with the head of a local government having jurisdiction over the residences of persons eligible for protection (hereinafter referred to as the "head of a local government").
(2) The Minister of Unification may entrust the following tasks to a regional adaptation center under paragraph (1) in consultation with the head of the competent local government:
1. Provision of residential adaptation education under Article 15(3);
2. Provision of psychological and career counseling in consideration of the characteristics of North Korean defectors;
3. Provision of living information, employment services, and social service guidance to North Korean defectors;
4. Other matters deemed necessary by the Minister of Unification and the head of the local government in relation to the regional adaptation of North Korean defectors.
(3) The Minister of Unification and the head of a local government may provide financial support for expenses incurred in operating a regional adaptation center and performing the tasks specified in the subparagraphs of paragraph (2).
(4) Notwithstanding the Public Property and Commodity Management Act, a local government may allow a regional adaptation center to use, free of charge, facilities prescribed by Presidential Decree, among those where such center performs the business affairs specified in Article 12-2(1)3 of the Development of Inter-Korean Relations Act.
(5) Matters necessary for the standards and procedures for the designation of regional adaptation centers under paragraph (1) and revocation of such designation, their operation, and other relevant measures shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Jan. 9, 2024]
Article 15-3(Establishment and operation of Inter-Korean Culture Integration Center) #
(1) The Minister of Unification may establish and operate an Inter-Korean Culture Integration Center to enhance public understanding of North Korean defectors and to lay the foundation necessary for inter-Korean cultural integration.
(2) Matters necessary for the establishment and operation of the Inter-Korean Culture Integration Center shall be prescribed by Presidential Decree.
[This Article Added on Jan. 9, 2024]
Article 16(Vocational training) #
(1) The Minister of Unification may conduct vocational training for persons subject to protection or persons who have been subject to protection (hereinafter referred to as "persons subject to protection, etc.") who desire vocational training. <Amended on Apr. 20, 2021>
(2) A person subject to protection, etc. who intends to receive vocational training under paragraph (1) shall submit an application for vocational training to the Minister of Unification. <Added on Apr. 20, 2021>
(3) The Minister of Unification may conduct vocational training at an education and training facility within a settlement support facility for persons subject to protection, etc. who have submitted an application under paragraph (2), or request cooperation from the Minister of Employment and Labor, the Minister of SMEs and Startups, or the heads of local governments (hereinafter referred to as the "Minister of Employment and Labor, etc.") so that a person subject to protection, etc. can receive vocational training at an institution that conducts vocational ability development training under the Act on the Development of Vocational Skills of Workers (including institutions responsible for training under Article 57(1) of the Small and Medium Enterprises Promotion Act; hereinafter the same shall apply). In such cases, the Minister of Employment and Labor, etc. who has received a request for cooperation shall comply therewith, unless there is any special reason. <Added on Apr. 20, 2021>
(4) Where the Minister of Employment and Labor, etc. conducts vocational training for persons subject to protection, etc. pursuant to paragraph (3), he or she shall notify the Minister of Unification of the result. <Added on Apr. 20, 2021>
(5) Efforts shall be made to ensure that the duration of vocational training under paragraph (1) is not less than three months in consideration of the trainee's job ability, etc. <Added on Apr. 20, 2021>
(6) Other matters necessary for vocational training shall be prescribed by Presidential Decree. <Added on Apr. 20, 2021>
[This Article Wholly Amended on Mar. 26, 2010]
Article 17(Protection of employment) #
(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 or she moves into the place of his or her residence from settlement support facilities; provided, 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. <Amended on Aug. 13, 2013>
(2) The period for employment protection referred to in paragraph (1) shall be determined on the basis of the number of actual employment days.
(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.
(4) A business owner who employs a person eligible for employment protection shall take into account the position, duties in charge, career, etc. he or she had in North Korea before escaping from that country.
(5) Deleted. <Jan. 15, 2019>
(6) The Minister of Unification may arrange employment for persons subject to protection as prescribed by Presidential Decree. In such cases, the Minister of Unification shall, in consultation with the Minister of Employment and Labor, etc., consider the field of vocational training and experience in North Korea of the person subject to protection. <Amended on Apr. 20, 2021>
[This Article Wholly Amended on Mar. 26, 2010]
Article 17-2(Limit on employment protection) #
(1) Where a person eligible for employment protection falls under any of the following cases, the Minister of Unification may limit his or her employment protection for a fixed period, as prescribed by Presidential Decree, notwithstanding Article 17(1):
1. Where a person eligible for employment protection fails to work for a period prescribed by Presidential Decree and quits his or her job by his or her own will without good cause;
2. Where a person eligible for employment protection is dismissed from office due to neglect of duties, delinquency of duties, any illegal act, etc.
(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.
(3) When the Minister of Unification suspends or terminates employment protection pursuant to paragraph (2), he or she shall notify the relevant person eligible for employment protection of the specified reasons.
(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. <Added on Jan. 21, 2014>
[This Article Wholly Amended on Mar. 26, 2010]
Article 17-3(Support for farming settlement) #
(1) The Minister of Unification may provide the following administrative and financial support for settlement in farming to North Korean defectors who wish to engage in farming (including fisheries and forestry; hereinafter the same shall apply): <Amended on April 8, 2025>
1. Education and training on farming;
2. On-site training in agriculture, fisheries, and forestry;
3. Financial assistance for farming;
4. Other matters prescribed by Presidential Decree.
(2) Necessary matters such as procedures for administrative and financial support referred to in paragraph (1) shall be prescribed by Decree of the Ministry of Unification.
[This Article Wholly Amended on Mar. 21, 2017]
Article 17-4(Tax benefits) #
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.
[This Article Added on Mar. 26, 2010]
Article 17-5(Preferential purchase) #
(1) The Minister of Unification may provide support to a business owner who meets all the following requirements with respect to the employment of North Korean defectors, such as the preferential purchase of the goods he or she produces:
1. Employing three or more North Korean defectors on average annually;
2. Employing North Korean defectors to exceed the ratio prescribed by Presidential Decree in the average monthly number of the employees.
(2) The head of a public institution under subparagraph 2 of Article 2 of the Act on Facilitation of Purchase of Small and Medium Enterprise-Manufactured Products and Support for Development of Their Markets shall endeavor to preferentially purchase the goods produced by the business owners referred to in paragraph (1).
[This Article Wholly Amended on Aug. 17, 2021]
Article 17-6(Support for business start-up) #
(1) The Minister of Unification may provide any of the following administrative and financial support for the business startup activities of North Korean defectors:
1. Business startup training;
2. On-the-spot training;
3. Business start-up counseling;
4. Assistance with funds for business start-up;
5. Other matters prescribed by Presidential Decree.
(2) Matters necessary for procedures, etc. for administrative and financial support provided under paragraph (1) shall be prescribed by Decree of the Ministry of Unification.
[This Article Added on Jan. 5, 2021]
Article 18(Special appointments) #
(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.
(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.
(3) Matters necessary in relation to such special appointments as prescribed in paragraph (1) or (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Mar. 26, 2010]
Article 18-2(Reflection of evaluation of public agencies) #
(1) The central administrative agencies, local governments, and public agencies shall endeavor to employ North Korean defectors.
(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.
(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. <Amended on Apr. 20, 2021>
[This Article Added on Mar. 26, 2010]
Article 19(Special cases of establishment of family relationship registration) #
(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 or her determine a place of registration basis at his or her own will and file an application form for permission to establish family relationship registration with the Seoul Family Court.
(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.
(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.
(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 or 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.
[This Article Wholly Amended on Mar. 26, 2010]
Article 19-2(Special cases concerning divorce) #
(1) Among persons who have established their family relationship registration pursuant Article 19, anyone who has his or her spouse in North Korea may file an application for divorce, where it is unclear whether his or her spouse lives in South Korea.
(2) Anyone who is registered on the family relationship register as the spouse of a person who has established his or her family relationship registration pursuant to Article 19 may become the party to the judicial divorce.
(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 or her spouse does not fall under the person eligible for protection, with the Seoul Family Court.
(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, 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.
(5) The period referred to in paragraph (4) shall not be shortened.
[This Article Wholly Amended on Mar. 26, 2010]
Article 19-3(Special cases concerning correction of resident registration number) #
(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 or 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 or her place of residence.
(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.
[This Article Wholly Amended on Mar. 26, 2010]
Article 20(Accommodation support) #
(1) The Minister of Unification may provide accommodation support to persons eligible for protection, as prescribed by Presidential Decree.
(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.
(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.
(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.
(5) The State and local governments shall actively endeavor to secure houses to ensure stable residence of persons eligible for protection. <Added on Aug. 13, 2013>
(6) Where the place of residence of a person eligible for protection has been disclosed and it is evident that he or she has suffered or is likely to suffer serious harm to his or her life or body, the Minister of Unification may provide necessary support for moving his or her place of residence in consideration of the intention of the person eligible for protection, the need for physical protection, etc. <Added on Jan. 5, 2021>
(7) Matters necessary for the details of and procedures for support provided under paragraph (6) and other matters shall be prescribed by Presidential Decree. <Added on Jan. 5, 2021>
[This Article Wholly Amended on Mar. 26, 2010]
Article 21(Provision of settlement money) #
(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. <Amended on Jan. 15, 2019>
(2) The Minister of Unification may grant persons eligible for protection due gratuity for information or equipment (including goods) which they have offered or brought, by grading them according to their practical value.
(3) Matters necessary for the criteria, procedures, etc. for the provision and reduction of settlement money and goods and gratuity provided for in paragraphs (1) and (2) shall be determined by Presidential Decree. <Amended on Jan. 15, 2019>
(4) No settlement money referred to in paragraph (1) shall be transferred, provided for any security, or seized.
[This Article Wholly Amended on Mar. 26, 2010]
Article 21-2(Support for formation of assets for settlement) #
(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.
(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.
[This Article Added on May 28, 2014]
Article 22(Protection of place of residence) #
(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.
(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. <Amended on Mar. 23, 2013; Aug. 13, 2013; Nov. 19, 2014; Jul. 26, 2017>
(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: <Added on Aug. 13, 2013; Mar. 21, 2017; Dec. 20, 2024>
1. Current educational conditions, such as school attendance;
2. Current employment conditions, such as a type of occupation, type of employment, period of continuous service, wage level, and working conditions;
3. Current housing conditions;
4. Current conditions of medical support and support for minimum living standards;
5. Matters concerning family financial status such as income, expenditures, and assets;
6. Family structure and child-rearing circumstances;
7. Other matters deemed necessary by the Minister of Unification for the protection of the place of residence.
(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. <Added on May 28, 2014>
[This Article Wholly Amended on Mar. 26, 2010]
Article 22-2(Personal protection at place of residence) #
(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.
(2) Matters necessary for personal protection prescribed in paragraph (1) (hereafter in this Article referred to as "personal protection") 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. <Amended on Jan. 9, 2024>
(3) The Minister of Unification shall determine the period of personal protection within a period not exceeding 5 years after deliberation by the Council. In such cases, the Minister shall consider the intention of the person eligible for protection. <Amended on Jan. 9, 2024>
(4) The Minister of Unification may extend the period of personal protection after deliberation by the Council, in consideration of the intention of the person eligible for protection, the necessity of continued personal protection, and other relevant factors; provided, the Minister may terminate personal protection even before the expiration of the extended period, after deliberation by the Council, if the person eligible for protection so requests. <Added on Jan. 9, 2024>
(5) After the expiration of both the period of personal protection and the extended period, a person eligible for protection may request the Minister of Unification to resume personal protection. In such cases, the Minister shall determine whether to resume personal protection within the period of not exceeding 5 years after deliberation by the Council, in consideration of the necessity of personal protection and other relevant factors. <Added on Jan. 9, 2024>
(6) Paragraph (4) shall apply mutatis mutandis to the extension and termination of the resumed period of personal protection under paragraph (5). <Added on Jan. 9, 2024>
(7) Matters necessary for the requests for cooperation in personal protection, the period of personal protection and the resumed period of personal protection, and the extension, termination, and other relevant details of such periods shall be prescribed by Presidential Decree. <Added on Jan. 9, 2024>
Article 22-3(Operation of professional counsellor program) #
(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. <Amended on May 28, 2014>
(2) The Minister of Unification may provide continuing training to improve the qualifications of professional counsellors prescribed in paragraph (1).
(3) Matters necessary for the methods, procedures, etc. for professional counselling prescribed in paragraphs (1) and (2) shall be determined by Decree of the Ministry of Unification.
[This Article Added on Mar. 26, 2010]
[Moved from Article 22-32 <Jan. 15, 2019>]
Article 22-4(Provision of training for persons engaged in protection and settlement support services) #
(1) The Minister of Unification may provide training necessary to enhance understanding of North Korean defectors and to ensure the efficient performance of duties, to persons who perform any of the following duties relating to the protection of, and settlement support, for North Korean defectors under this Act:
1. Vocational training under Article 16;
2. Employment protection under Article 17;
3. Protection of places of residence under Article 22;
4. Personal protection at places of residence under Article 22-2;
5. Other protection of and settlement support services for North Korean defectors as prescribed by Presidential Decree.
(2) Matters necessary for the content, methods, and procedures of the training under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Added on Apr. 8, 2025]
Article 23(Obligations to report) #
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. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
[This Article Wholly Amended on Mar. 26, 2010]
Article 24(Educational support) #
(1) The Minister of Unification may provide North Korean defectors and their children with the necessary support for education as prescribed by Presidential Decree, in consideration of their age, academic capability, place of birth, and other educational conditions. <Amended on Oct. 22, 2024>
(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.
(3) In consultation with the Minister of Education, the Minister of Unification shall secure experts for the education of North Korean defectors and their children and endeavor to provide them with educational support and guidance, including the diagnosis and evaluation of their academic ability, management of educational information, education, training, and support for learning activities. <Added on Aug. 13, 2013; Oct. 22, 2024>
[This Article Wholly Amended on Mar. 26, 2010]
Article 24-2(Establishment of preparatory schools for North Korean defectors) #
(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. <Amended on Mar. 23, 2013; Mar. 21, 2017>
(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.
[This Article Added on Mar. 26, 2010]
Article 24-3(Special cases concerning lease and use of public property) #
(1) Where a local government deems it necessary to support the settlement of North Korean defectors or their children, it may, notwithstanding the Public Property and Commodity Management Act, lease or sell public property, or allow the use of and benefit from such public property, by private contract, to schools that provide education to North Korean defectors or their children and that fall under Article 2 of the Elementary and Secondary Education Act: <Amended on Apr. 8, 2025>
(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.
(3) Matters necessary for the details, conditions, and procedures for the lease or sale of public property and the use of, and benefit from, such public property under paragraphs (1) and (2) shall be prescribed by Presidential Decree. <Added on Apr. 8, 2025>
[This Article Added on Mar. 13, 2018]
[Title Amended on Apr. 8, 2025]
Article 25(Medical benefit) #
(1) The Minister of Unification may provide medical benefit to persons eligible for protection and their family members, as prescribed in the Medical Benefit Act. <Amended on Aug. 13, 2013>
(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. <Added on Aug. 13, 2013>
(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. <Added on Aug. 13, 2013>
[This Article Wholly Amended on Mar. 26, 2010]
[Title Amended on Aug. 13, 2013]
Article 26(Livelihood protection) #
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:
1. Livelihood benefits prescribed in Articles 7(1)1,8 (excluding paragraph (2)),9, and 10 of the National Basic Living Security Act;
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);
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 Benefit Act;
4. Education benefits prescribed in Articles 7(1)4 and 12 (excluding paragraph (3)) of the National Basic Living Security Act;
5. Childbirth benefits prescribed in Articles 7(1)5 and 13 of the National Basic Living Security Act;
6. Funeral benefits prescribed in Articles 7(1)6 and 14 of the National Basic Living Security Act;
7. Self-sufficiency benefits prescribed in Articles 7(1)7 and 15 of the National Basic Living Security Act.
[This Article Wholly Amended on Nov. 15, 2016]
Article 26-2(Special cases concerning national pension) #
(1) Any person eligible for protection who is between 50 and 60 years old as at the time when his or 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:
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 or she turns 60: The date on which he or she turns 60;
2. A person who has been insured with the national pension for a period of not less than five years after he or she turns 60: The date on which he or she is disqualified as a pension insured.
(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 dependents under Article 52 of the same Act; provided, 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).
(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.
[This Article Wholly Amended on Mar. 26, 2010]
Article 26-3(Support for livelihood) #
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.
[This Article Wholly Amended on Mar. 26, 2010]
Article 26-4(Lending of money) #
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.
[This Article Added on Mar. 26, 2010]
Article 27(Alteration of protection) #
(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:
1. Where he or she is sentenced to imprisonment with or without labor for at least one year and his or her sentence is made final and conclusive;
2. Where he or she intentionally provides false information contrary to the interest of the State;
3. Where he or she is declared dead or missing by court;
4. Where he or she attempts to go back to North Korea;
5. Where he or she violates this Act or any order issued under this Act.
6. Where he or she falls under grounds prescribed by Presidential Decree.
(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 shorten or extend the period therefor under the proviso of Article 5(3). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(3) Where the Minister of Unification suspends or terminates protection and settlement support prescribed in paragraph (1) or shortens or extends the period therefor, as prescribed in the proviso of Article 5(3), he or 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. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(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.
(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.
[This Article Wholly Amended on Mar. 26, 2010]
Article 28 #
Deleted. <May 28, 2014>
Article 29(Cost bearing) #
(1) Expenses incurred in providing protection and settlement support pursuant to this Act shall be borne by the State.
(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.
[This Article Wholly Amended on Mar. 26, 2010]
Article 30(Foundation of Support for North Korean Defectors) #
(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.
(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.
(3) The articles of association of the Foundation shall include the following matters:
1. Objectives;
2. Name;
3. Matters concerning its executive officers and employees;
4. Matters concerning the operation of the board of directors;
5. Matters concerning its business;
6. Matters concerning its assets and accounting;
7. Matters concerning giving public notice;
8. Matters concerning the amendment to the articles of association;
9. Matters concerning establishment, amendment, and repeal of internal regulations.
(4) The Foundation shall conduct the following projects: <Amended on Jan. 21, 2014; Jan. 5, 2021>
1. Projects to support life stabilization and adaptation to society of North Korean defectors;
2. Projects to support employment and business start-up of North Korean defectors;
3. Projects necessary for vocational training of North Korean defectors;
4. Projects to grant scholarship to North Korean defectors;
5. Projects related to training professional counselling staff and professional counselling services for North Korean defectors;
6. Cooperative projects with private organizations relating to North Korean defectors;
7. Projects related to developing policies to support North Korean defectors and relevant survey and research;
8. Projects related to a survey of actual status and construction of statistics with respect to North Korean defectors;
8-2. Projects to support farming settlement of North Korean defectors;
Article 31(Delegation and entrustment of authority) #
(1) Authority bestowed by this Act upon the Minister of Unification may be partially delegated to the head of an agency under his or her control or to the head of a local government as prescribed by Presidential Decree.
(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.
[This Article Wholly Amended on Mar. 26, 2010]
Article 32(Application for objection) #
(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.
(2) When the Minister of Unification receives an application for an objection as prescribed in paragraph (1), he or she shall examine it without delay, and where the disposition is considered unlawful or unjust, he or she may require correction thereof or take other necessary measures. In such cases, prior deliberation by the Consultative Council is required.
[This Article Wholly Amended on Mar. 26, 2010]
Article 33(Penalty provisions) #
(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. <Amended on Jan. 21, 2014>
(2) Any person who takes advantage of information or materials which he or 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. <Amended on Jan. 21, 2014>
(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.
(4) A person who attempts to commit an offence under paragraph (1) shall be punished.
[This Article Wholly Amended on Mar. 26, 2010]
Article 34(Administrative fines) #
(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.
(2) Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Unification.
[This Article Added on Mar. 26, 2010]