ENFORCEMENT DECREE OF THE NORTH KOREAN DEFECTOR PROTECTION AND SETTLEMENT SUPPORT ACT

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the North Korean Defectors Protection and Settlement Support Act and matters necessary for the enforcement thereof.

[This Article Wholly Amended on Sep. 27, 2010]

Article 1-2(Requests for submission of data) #

Where it is necessary to formulate a master plan or an annual implementation plan under Article 4-3 of the North Korean Defectors Protection and Settlement Support Act (hereinafter referred to as the "Act"), the Minister of Unification may request the heads of the relevant central administrative agencies and the head of local governments to submit data. In such cases, the heads of the relevant central administrative agencies and the head of local governments, upon receipt of the request to submit data, shall comply therewith unless there is a compelling reason not to do so. <Amended on Jul. 9, 2024>

[This Article Added on Feb. 11, 2014]

[Previous Article 1-2 moved to Article 1-3 <Feb. 2, 2014>]

Article 1-3(Units of household) #

(1) The units of household eligible for the protection and settlement support under Article 5(2) of the Act shall be as follows: <Amended on Feb. 11, 2014>

1. Husbands and wives (including a couple in a de facto marital relationship and a couple living apart from each other) and lineal blood relatives thereof (limited to where a lineal blood relative is not accompanied by his or her spouse);

2. Siblings.

(2) Notwithstanding paragraph (1), where grounds exist making it impracticable to consider persons eligible for protection as forming a unit of household, based upon the relationship between the persons eligible for protection who constitute any household unit defined in the subparagraphs of paragraph (1), the property of persons eligible for protection, their social adaptation status, the timing for determining their protection, etc., they may be deemed not to constitute a household.

[This Article Wholly Amended on Jul. 31, 2009]

[Moved from Article 1-2 <Feb. 11, 2014>]

Article 1-4(Extension of residence protection period) #

(1) Where a person eligible for protection intends to request the shortening or extension of the period of protection at a place of residence (hereinafter referred to as "residence protection period") pursuant to Article 5(4) of the Act, a written request for the shortening or extension of the residence protection period shall be submitted to the Minister of Unification, as prescribed by Decree of the Ministry of Unification.

(2) The Minister of Unification shall notify a person eligible for protection in writing of the time the residence protection period ends, procedures, etc. for requesting the extension of the residence protection period and handling such extension no later than 3 months before the end of the residence protection period.

(3) Each extension of the residence protection period shall not exceed 5 years.

[This Article Added on Jul. 9, 2024]

Article 2(Organization of Council) #

The members (hereinafter referred to as "members") of the North Korean Defectors Protection and Settlement Support Council under Article 6(1) of the Act (hereinafter referred to as the "Council") shall be as follows: <Amended on Aug. 21, 2018; Oct. 19, 2021; Nov. 1, 2022; Jul. 9, 2024; Oct. 1, 2025; Dec. 30, 2025>

1. One person each appointed by the heads of the relevant administrative agencies from among members in general service of the Senior Executive Service of the Ministry of Education; the Ministry of Foreign Affairs; the Ministry of Unification; the Ministry of Justice; the Ministry of National Defense; the Ministry of the Interior and Safety; the Ministry of Culture, Sports and Tourism; the Ministry of Agriculture, Food and Rural Affairs; the Ministry of Trade, Industry and Resources; the Ministry of Health and Welfare; the Ministry of Employment and Labor; the Ministry of Gender Equality and Family; the Ministry of Land, Infrastructure and Transport; the Ministry of Oceans and Fisheries; the Ministry of SMEs and Startups; the Ministry of Planning and Budget; the National Security Office; the National Intelligence Service; the Office for Government Policy Coordination; the Korea National Police Agency; the Defense Counterintelligence Command, or persons holding positions corresponding thereto;

2. One person each nominated by the head of a relevant local government from among public officials at a level of chief of office or chief of bureau in local governments whose participation in the Council is deemed necessary by the Chairperson thereof (hereinafter referred to as "Chairperson") taking into account the number of North Korean refugees who reside in the relevant areas.

[This Article Wholly Amended on Feb. 20, 2018]

Article 3(Duties of Chairperson) #

(1) The Chairperson shall convene meetings of the Council, and shall exercise general supervision over its affairs. <Amended on Feb. 20, 2018>

(2) Where the Chairperson is unable to perform his or her duties due to any unavoidable cause, a relevant member from the National Intelligence Service under Article 2 shall act on his or her behalf.

[This Article Wholly Amended on Sep. 27, 2010]

Article 4(Subcommittees) #

(1) The Council may establish and operate any number of subcommittees necessary to efficiently conduct its duties.

(2) A subcommittee shall consist of a Chairperson, members related to the relevant agenda items, and executive secretaries under Article 7.

[This Article Wholly Amended on Sep. 27, 2010]

Article 5(Meetings) #

(1) Meetings of the Council shall be classified into plenary sessions and meetings of subcommittees, which shall be convened whenever deemed necessary by the Chairperson.

(2) The Chairperson shall report matters deliberated on and adjusted in meetings of subcommittees at the next plenary session.

(3) Where the Chairperson intends to convene a meeting, he or she shall notify the following matters to each member two days before the opening of the meeting; provided, this shall not apply in emergency or in other extenuating circumstances:

1. Date of the meeting;

2. Venue of the meeting;

3. Agendas.

[This Article Wholly Amended on Sep. 27, 2010]

Article 6(Hearing of opinions) #

(1) Where it is necessary to perform the duties of the Council, the Chairperson may have a related public official or expert attend its meeting to hear his or her opinions, or request cooperation from any related institution, organization, etc., including submission of necessary materials.

(2) Allowances, travel expenses, and other necessary expenses may be reimbursed to a person who attends a meeting to state his or her opinions or submits a statement of opinion or materials under paragraph (1), within budgetary limit; provided, this shall not apply where a public official attends a meeting in direct connection with his or her competent duties.

[This Article Wholly Amended on Sep. 27, 2010]

Article 7(Executive secretaries) #

The Council shall have two executive secretaries to handle its business affairs, and the relevant members from the Ministry of Unification and the National Intelligence Service under Article 2 shall serve as executive secretaries.

[This Article Wholly Amended on Sep. 27, 2010]

Article 8(Working-level councils) #

(1) The Chairperson may organize and operate any number of working-level councils wherever necessary to have prior consultation on matters deemed necessary, among the agendas of the Council.

(2) The relevant member from the Ministry of Unification under Article 2 shall become the Chairperson of a working-level council, and those appointed by him or her shall serve as its members.

(3) The Chairperson of a working-level council may adjust the number of participating members, depending on matters subject to consultation.

[This Article Wholly Amended on Sep. 27, 2010]

Article 9(Detailed guidelines for operation) #

Except as provided in this Decree, matters necessary for operating the Council shall be determined by the Chairperson, following deliberation by the Council.

[This Article Wholly Amended on Sep. 27, 2010]

Article 10(Application for protection) #

Cases where a resident who has escaped from North Korea may not apply for protection in person under the proviso of Article 7(1) of the Act shall be as follows:

1. Where he or she has a mental disorder;

2. Where a member of his or her family applies for protection by proxy of the rest of the family members;

3. Where there exist other urgent grounds.

[This Article Wholly Amended on Sep. 27, 2010]

Article 11(Notification of application for protection) #

(1) Where the head of a diplomatic mission abroad or the head of any administrative agency (including the commanders of military units of various levels; hereinafter referred to as the "head of a diplomatic mission abroad, etc.") receives an application for protection under Article 7(1) of the Act (hereinafter referred to as "application for protection"), he or she shall, without delay, notify the following matters respectively to the Minister of Unification and the Director of the National Intelligence Service via the head of the central administrative agency to which he or she belongs:

1. Name, date of birth, gender, and health conditions of the applicant for protection (hereinafter referred to as "applicant for protection");

2. Date and other details of the application for protection.

(2) Upon receipt of an application for protection, the head of a diplomatic mission abroad, etc., shall take measures necessary for protecting the personal safety of the applicant until an investigation or provisional protective measure under Article 7(4) of the Act, is conducted or taken. <Amended on Jul. 16, 2019; Jun. 2, 2025>

(3) Matters necessary for the methods for notification and the personal safety of an applicant under paragraphs (1) and (2) shall be determined by the Director of the National Intelligence Service following consultation with the head of the relevant central administrative agency.

[This Article Wholly Amended on Sep. 27, 2010]

Article 11-2(Support necessary for entry into the Republic of Korea) #

(1) The Minister of Foreign Affairs may provide the following support to a North Korean defector who has filed an application for protection with the head of a diplomatic mission abroad under Article 7(3) of the Act:

1. Consultations with relevant countries and others for entry into the Republic of Korea;

2. Assistance in transportation for entry into the Republic of Korea;

3. Other matters deemed necessary by the Minister of Foreign Affairs for the entry into the Republic of Korea of the North Korean defector who has filed an application for protection.

(2) Matters regarding the details of, and procedures for, support under paragraph (1) shall be determined by the Minister of Foreign Affairs.

(3) Notwithstanding paragraph (2), matters necessary for negotiations with the host country, the transportation of applicants for protection staying abroad, and other related measures for their entry into the Republic of Korea shall be determined by the Minister of Foreign Affairs in consultation with the Director of the National Intelligence Service; and with respect to applicants specified in the proviso of Article 8(1) of the Act, such matters shall be determined by the Director of the National Intelligence Service.

(4) When the Minister of Foreign Affairs or the Director of the National Intelligence Service determines the timing, methods, and other related details for transferring an applicant for protection staying overseas into the Republic of Korea, he or she shall notify the results of the determination to the Minister of Unification without delay; provided, when there is a clear and present serious risk to the safety of such applicant, notification may be given immediately after the applicant's entry into the Republic of Korea.

(5) The Minister of Foreign Affairs may organize and operate a consultative body composed of public officials of relevant administrative agencies and others for the protection of the personal safety of applicants for protection staying abroad and support for their entry into the Republic of Korea.

(6) Matters necessary for the composition and operation of the consultative body under paragraph (1) and other details shall be determined by the Minister of Foreign Affairs.

[This Article Added on Jun. 2, 2025]

Article 12(Details and methods of investigations) #

(1) The particulars of investigations under Article 7(4) of the Act shall be as follows: <Amended on Jun. 2, 2025>

1. Matter necessary for confirming whether an applicant for protection falls under the category of residents escaping from North Korea, such as the place of birth, occupation, family relations, and whether to hold a foreign nationality;

2. Matters necessary for confirming whether an applicant for protection falls under any of the subparagraphs of Article 9(1) of the Act, such as his or her motive and process of escape from North Korea, circumstances after escape, details related to entry into the Republic of Korea, and criminal records;

3. Other matters necessary for decision on protection of the applicant for protection.

(2) Investigations under Article 7(4) of the Act may be conducted by means of in-person interview, on-site inspections, document review, sample collection, or other similar methods. <Amended on Jun. 2, 2025>

(3) If necessary for investigating the matters under the subparagraphs of paragraph (1), the Director of the National Intelligence Service may ask any questions to the applicant for protection, and, with the consent of the applicant, be provided with documents, fingerprint or facial information, etc. by which the status, family relations, etc. of the applicant can be verified.

(4) The Director of the National Intelligence Service may request the head of the relevant administrative agency to provide necessary information to investigate the matters referred to the subparagraphs of paragraph (1).

(5) Where the purpose of an investigation cannot be accomplished by the investigation alone or where verifying whether any act subject to investigation is true would require excessive expenses, the Director of the National Intelligence Service may ask questions to the relatives or related persons of the applicant for protection by face-to-face or via telephone, fax and mail (including the email using an information and communications network).

(6) Necessary matters concerning detailed procedures for investigating the matters under the subparagraphs of paragraph (1) shall be determined by the Director of the National Intelligence Service.

[This Article Wholly Amended on Jul. 16, 2019]

Article 12-2(Details and methods of provisional protective measures) #

(1) The details of provisional protective measures under Article 7(4) of the Act shall be as follows: <Amended on Jun. 2, 2025>

1. Protection of applicants for protection at provisional protection facilities under Article 7(5) of the Act (hereinafter referred to as "provisional protection facility") for a certain period to secure their safety from personal danger, such as terrorism;

2. Measures deemed necessary for mental and physical stability of applicants for protection, such as psychology consultation, treatment of disease, health management, and basic education for social adaptation;

3. Other measures necessary for securing the personal safety of applicants for protection.

(2) If deemed necessary for provisional protective measures under Article 7(4) of the Act, the Director of the National Intelligence Service may, with the consent of the applicant for protection, confirm whether such applicant for protection (including his or her children where he or she is under protection together with them under Article 12-4(2)) possesses or conceals narcotics, arms, lethal weapons, other dangerous goods, etc. <Amended on Jun. 2, 2025>

(3) Necessary matters concerning details and procedures of provisional protective measures under each subparagraph of paragraph (1) shall be determined by the Director of the National Intelligence Service.

[This Article Added on Jul. 16, 2019]

Article 12-3(Period of investigations and provisional protective measures) #

The period of investigations and provisional protective measures under Article 7(4) of the Act shall not exceed 90 days from the date when the relevant applicant for protection enters into the Republic of Korea (referring to the date of applying for protection, if such applicant files an application for protection after the date of his or her entry into the Republic of Korea); provided, in extenuating circumstances, such as the increase in the number of such applicants who enter the Republic of Korea, the period may be extended within the extent of 30 days only once, after deliberation by the Council. <Amended on Jun. 2, 2025>

[This Article Added on Jul. 16, 2019]

Article 12-4(Establishment and operation of provisional protection facilities) #

(1) Where the Director of the National Intelligence Service establishes a provisional protection facility, such facilities shall be equipped with an investigation facility, an accommodation facility and any other necessary facility so that investigations and provisional protective measures under Article 7(4) of the Act for applicants for protection may be conducted and applicants for protection may make a basic living. <Amended on Jun. 2, 2025>

(2) Where the applicant for protection fosters any child who is not a resident escaping from North Korea and that child has no fosterer other than that applicant, the Director of the National Intelligence Service may protect such applicant and his or her child together.

(3) Except as provided in paragraphs (1) and (2), matters necessary for establishing and operating provisional protection facilities shall be determined by the Director of the National Intelligence Service.

[This Article Added on Jul. 16, 2019]

Article 12-5(Human rights protection officer) #

(1) One human right protection officer shall be assigned to the provisional protection facility to reinforce the protection of human rights of an applicant for protection.

(2) The human right protection officer under paragraph (1) (hereinafter referred to as "human right protection officer") shall be commissioned by the Director of the National Intelligence Service from among the following persons:

1. A person who is qualified as an attorney-at-law and has practical experience for at least 10 years;

2. A person who was engaged in activities for human rights for at least 10 years, such as working for a non-profit, non-governmental organization, corporation or international organization in the field of human rights;

3. A person who has expertise in any field related to human rights or residents escaping from North Korea and has served or served for at least 10 years at a university or college under subparagraph 1 of Article 2 of the Higher Education Act or a research institute as an associate professor or higher;

4. A person who has experience in affairs related to human rights or residents escaping from North Korea and served as a public official of Grade III or higher at a State agency or local government.

(3) The term of office of the Human Rights Protection Officer shall be one year.

(4) The Human Rights Protection Officer shall independently conduct the following affairs: <Amended on Jun. 2, 2025>

1. Providing advice and improvement recommendations concerning protecting human rights of applicants for protection;

2. Supporting the treatment of civil petitions related to the violation of human rights in the course of investigations and provisional protective measures under Article 7(4) of the Act;

3. Other activities for protecting human rights of applicants for protection, such as education on human rights conducted for the staff of the provisional protection facility.

(5) Except as provided in paragraphs (1) through (4), matters necessary for operating human rights protection officer shall be determined by the Director of the National Intelligence Service.

[This Article Added on Jul. 16, 2019]

Article 13(Notification of results of investigations and provisional protective measures) #

(1) The Director of the National Intelligence Service shall give written notice of the details of investigations and provisional protective measures conducted under Article 7(4) of the Act to the Minister of Unification. <Amended on Jul. 16, 2019; Jun. 2, 2025>

(2) Upon receipt of notice under paragraph (1), the Minister of Unification may additionally request the Director of the National Intelligence Service to conduct an investigation or provide materials deemed necessary to determine whether or not to provide protection.

[This Article Wholly Amended on Sep. 27, 2010]

[Title Amended on Jul. 16, 2019]

Article 14(Scope of persons likely to affect national security to considerable extent) #

A person who is likely to affect national security to the considerable extent under the proviso of Article 8(1) of the Act shall be the following: <Amended on May 25, 2021; Oct. 19, 2021>

1. A person who committed or intended to commit a crime concerning insurrection or a crime concerning foreign aggression defined in the Criminal Act, a crime of insurrection, a crime of benefiting the enemy, or a crime of unlawful use of secret codes defined in the Military Criminal Act, or any crime defined in the National Security Act (excluding Article 10) or the Military Secret Protection Act, but has expressed his or her will to renounce such intention;

2. A person who has been actively involved in the protection of the North Korean regime in the North Korean Workers' Party, the Cabinet, the military, and other organizations whose main function is to protect and defend the North Korean regime, which the Director of the National Intelligence Service deems important for national security;

3. A spouse or relative of the person of supreme power in North Korea;

4. A person with important intelligence in advanced science or other special and professional fields closely related to national security.

[This Article Wholly Amended on Sep. 27, 2010]

Article 15(Determination on protection) #

(1) The Minister of Unification shall determine eligibility for protection within 30 days from receipt of notice under Article 13(1); provided, this shall not apply in any extenuating circumstances.

(2) Where the Director of the National Intelligence Service intends to decide on whether to provide protection under the proviso of Article 8(1) of the Act, he or she shall determine eligibility for protection within 30 days from the date he or she completes investigations and provisional protective measures under Article 7(4) of the Act; provided, this shall not apply in extenuating circumstances. <Amended on Jul. 16, 2019; Jun. 2, 2025>

(3) Where the Minister of Unification has determined eligibility for protection under paragraph (1), he or she shall notify it in writing, without delay, to the head of a diplomatic mission abroad, etc. via the head of the relevant central administrative agency, by stating details of such determination; provided, where a person eligible for protection is not receiving protection at an institution that has applied for protection, such notice shall be given to the head of an institution that is protecting the person eligible for protection as at the time such determination is made.

(4) Where the Director of the National Intelligence Service has determined eligibility for protection under paragraph (2), he or she shall notify it in writing, without delay, to the Minister of Unification, by stating details of such determination.

(5) Where determination on eligibility for protection has not been made due to an extenuating circumstance, as under the provisos of paragraphs (1) and (2), the relevant grounds, etc. shall be notified to the applicant for protection.

[This Article Wholly Amended on Sep. 27, 2010]

Article 16(Criteria for protection decision) #

(1) "Other persons prescribed by Presidential Decree as unfit to be protected as persons eligible for protection or hardly requiring protection" in Article 9(1)6 of the Act means the following persons: <Amended on Jul. 16, 2019; May 25, 2021>

1. Persons anticipated to cause serious political or diplomatic difficulties to the Republic of Korea if designated as eligible for protection;

2. Persons who commit violence or damage facilities that may seriously harm the safety of others during a period of investigations and provisional protective measures under Article 12-3;

3. Persons who have obtained a legitimate residency status in a third country after escaping from North Korea;

4. A person who is recognized as having been able to lead a normal or stable life in a third country after leaving North Korea without circumstances such as detention, confinement, seclusion, flight, or forced marriage in a third country.

(2) "Unavoidable grounds prescribed by Presidential Decree" in Article 9(2) of the Act means the following cases: <Amended on Nov. 24, 2014; May 25, 2021>

1. In case it is recognized that free activities are not possible due to reasons such as living in a facility that is blocked from outside or disease;

2. In case the Minister of Unification recognizes that there are circumstances equivalent to subparagraph 1.

(3) Deleted. <May 25, 2021>

(4) "Protection and support prescribed by Presidential Decree as necessary for settlement in a community" in Article 9(4)2 of the Act means education for social adaptation, etc., under Article 15 of the Act. <Amended on Jul. 9, 2024>

[This Article Wholly Amended on Sep. 27, 2010]

Article 17(Notification of details of treatment) #

Where it is determined to provide protection to an applicant for protection, the head of a diplomatic mission abroad, etc. shall notify details of treatment he or she will receive, including his or her rights and obligations.

[This Article Wholly Amended on Sep. 27, 2010]

Article 18(Re-application for protection) #

(1) An applicant for protection who is denied protection may apply for protection again if there exists new factual data or evidence within five years from the date he or she receives the first notification on the determination regarding whether protection will be provided under Article 8 of the Act.

(2) The Minister of Unification and the Director of the National Intelligence Service shall determine whether to provide protection, and notify the results of his or her determination to the applicant for protection within 60 days from the date he or she receives a re-application under paragraph (1); provided, the aforesaid period may be extended by up to 30 days only once, in extenuating circumstances.

[This Article Wholly Amended on Sep. 27, 2010]

Article 19 #

Deleted. <Jun. 2, 2025>

Article 20(Establishment of settlement support facilities) #

(1) Where the Minister of Unification establishes settlement support facilities under the main clause of Article 10(1) of the Act, he or she shall ensure that such settlement support facilities include facilities for accommodation, management, education and training and others in order to support the basic living and adaptation activities of persons eligible for protection.

(2) Matters necessary for establishing settlement support facilities under paragraph (1) shall be determined by the Minister of Unification.

(3) Matters necessary for establishing settlement support facilities under the proviso of Article 10(1) of the Act shall be determined by the Director of the National Intelligence Service.

[This Article Wholly Amended on Sep. 27, 2010]

Article 21(Management and operation of settlement support facilities) #

(1) The Minister of Unification may request his or her officials to manage and operate settlement support facilities under the main clause of Article 10(1) of the Act.

(2) For the purpose of promoting the psychological stability of persons eligible for protection, resolving difficulties facing them, and enhancing their means for self-reliance, the Minister of Unification may operate counseling offices in settlement support facilities in the fields of psychology, law, professional career and alleviation of distress.

(3) A person who manages and operates settlement support facilities under paragraph (1) shall immediately report to the Minister of Unification when any unusual condition is observed in relation to the health, psychological status, manner of speaking and behaving, etc. of persons eligible for protection.

(4) Article 12-4(2) shall apply mutatis mutandis to the protection of children of persons eligible for protection. In such cases, "the Director of the National Intelligence Service" shall be deemed as "the Minister of Unification or the Director of the National Intelligence Service", "applicant for protection" as "person eligible for protection", and "provisional protection facility" as "settlement support facility," respectively. <Amended on Jul. 16, 2019>

(5) Except as provided in paragraphs (1) through (4), matters necessary for managing and operating settlement support facilities shall be determined by the Minister of Unification; provided, matters necessary for managing and operating the settlement support facilities established under the proviso of Article 10(1) of the Act shall be determined by the Director of the National Intelligence Service. <Amended on Jul. 16, 2019>

[This Article Wholly Amended on Sep. 27, 2010]

Article 22(Transfer of persons eligible for protection to other settlement support facilities) #

With respect to persons eligible for protection who are receiving protection at settlement support facilities established under the proviso of Article 10(1) of the Act, where the Director of the National Intelligence Service verifies his or her identity and motive for escaping from North Korea and conducting medical checkup and other measures necessary for settlement support under Article 11(3) of the Act, he or she shall transfer them to the settlement support facilities established and operated by the Minister of Unification unless there is a compelling reason not to do so.

[This Article Wholly Amended on Sep. 27, 2010]

Article 23(Issuance of temporary identification cards) #

(1) The Minister of Unification and the Director of the National Intelligence Service shall issue temporary identification cards to persons eligible for protection who receive protection at their respective settlement support facilities.

(2) Matters necessary for issuing temporary identification cards under paragraph (1) shall be determined by the Minister of Unification in consultation with the Director of the National Intelligence Service.

[This Article Wholly Amended on Sep. 27, 2010]

Article 24(Requests for cooperation) #

(1) For the purposes of providing support for settlement to persons eligible for protection, the Minister of Unification may request cooperation from the heads of other administrative agencies or the heads of local governments, and the heads of other administrative agencies or the heads of local governments, upon receipt of such request for cooperation, shall comply therewith. <Amended on May 25, 2021>

(2) In order to protect the personal safety of persons eligible for protection who receive protection at settlement support facilities, the Minister of Unification may request cooperation from the Minister of National Defense or the Commissioner General of the Korean National Police Agency, etc. in relation to the guard, security, etc. of such facilities, and the Minister of National Defense or the Commissioner General of the Korean National Police Agency, etc. upon receipt of such request for cooperation, shall comply therewith.

[This Article Wholly Amended on Sep. 27, 2010]

Article 25(Provision of protection money or goods) #

(1) The Minister of Unification and the Director of the National Intelligence Service shall grant protection money or goods necessary for living to each of the persons who receive protection at settlement support facilities in accordance with Article 11(2) of the Act; provided, where such person has formed a household, the provision may be made by unit of household.

(2) Matters necessary for the standards, methods, etc. for granting protection money or goods under paragraph (1) shall be determined by the Minister of Unification and the Director of the National Intelligence Service, respectively.

[This Article Wholly Amended on Sep. 27, 2010]

Article 25-2(Protection of youth without relatives) #

(1) To protect youth without relatives under Article 11-2(1) of the Act (hereinafter referred to as "youth without relatives"), the Minister of Unification may select the following persons as guardians of youth without relatives:

1. The heads of the following schools, institutions, and facilities where youths without relatives belong for residence and living:

a. Schools under the subparagraphs of Article 2 of the Elementary and Secondary Education Act or alternative educational institutions under the Act on Alternative Educational Institution (limited to schools and institutions providing residential and living facilities);

b. Child welfare facilities under the Child Welfare Act;

c. Communal living facilities for which the Minister of Unification provides support for use pursuant to Article 38-2;

2. Foster parents of youths without relatives sent to foster homes pursuant to the Child Welfare Act;

3. Relatives of an unrelated youth who resides in the Republic of Korea (referring to a relative under Article 767 of the Civil Act; hereafter the same shall apply in this Article);

4. Other persons deemed suitable by the Minister of Unification as guardians of youths without relatives.

(2) The Minister of Unification may revoke or change the selection of a guardian, if an application is filed by a youth without relatives or his or her guardian.

(3) Matters prescribed by Presidential Decree in Article 11-2(2)4 of the Act means whether or not there is any relative residing in the Republic of Korea.

(4) When the Minister of Unification requests the head of a local government to request the appointment of a guardian pursuant to Article 11-2(6) of the Act, he or she may recommend a candidate deemed appropriate as a guardian.

[This Article Added on Jun. 21, 2022]

Article 26(Personal identification register) #

(1) The Minister of Unification and the Director of the National Intelligence Service shall administer and keep a personal identification register which describes general matters concerning protection and settlement support for persons eligible for protection, such as their personal information, in accordance with Article 12(1) of the Act.

(2) The Director of the National Intelligence Service shall send a certified transcript of the personal identification registers which he or she administers and keeps under paragraph (1) to the Minister of Unification semiannually.

(3) Where the Director of the National Intelligence Service has verified the identity of persons eligible for protection and his or her motive for escaping from North Korea and has conducted a medical checkup and other measures necessary for settlement support under Article 11(3) of the Act, the Director of the National Intelligence Service shall inform the Minister of Unification of the relevant details, in writing or using the information and communications network, so that a personal identification register under paragraph (1) can be prepared. In such cases, the Minister of Unification shall manage a personal identification register separately from the matters notified by the Director of the National Intelligence Service under the proviso of Article 8(1) of the Act.

(4) The Minister of Unification shall record matters reported or submitted under Article 23 of the Act in a personal identification register, and send a certified transcript thereof to the Director of the National Intelligence Service semiannually. <Amended on Jul. 16, 2019>

(5) The Minister of Unification shall issue a written confirmation of family relationship within 30 days from the date of receipt of an application under paragraph (3) of that Article, pursuant to Article 12(4) of the Act. <Added on Oct. 19, 2021>

(6) The Minister of Unification may establish and operate an electronic system necessary for applying for and issuing a written confirmation of family relationship pursuant to Article 12(5) of the Act. <Added on Oct. 19, 2021>

(7) Except as provided in paragraphs (1) through (6), matters necessary for personal identification registers shall be determined each by the Minister of Unification and the Director of the National Intelligence Service. <Amended on Oct. 19, 2021>

[This Article Wholly Amended on Sep. 27, 2010]

Article 27(Standards and procedures for accreditation of academic background) #

(1) School education that persons eligible for protection have completed in North Korea or foreign countries shall be recognized in accordance with the standards set forth in statutes or regulations related to education.

(2) Any person eligible for protection who wishes to obtain accreditation of his or her academic background under Article 13 of the Act shall submit an application for accreditation of academic background to the Minister of Unification; provided, where a person eligible for protection wishes to obtain accreditation of his or her academic background under the Elementary and Secondary Education Act, he or she shall comply with Articles 96 through 98, 98-2, and 98-3 of the Enforcement Decree of that Act.

(3) Upon receipt of an application for accreditation of academic background, submitted under the main clause of paragraph (2), the Minister of Unification shall send it to the Minister of Education together with a written verification of the application. <Amended on Mar. 23, 2013>

(4) Where the Minister of Education receives the application and written verification under paragraph (3), he or she shall determine whether to recognize the academic background of a person eligible for protection and notify the results of his or her determination to the Minister of Unification within three months from the date he or she receives the aforesaid documents, and the Minister of Unification shall then notify them to the relevant applicant. <Amended on Mar. 23, 2013>

(5) In order to ensure that a person who attends a preparatory school established for residents escaping from North Korea under Article 24-2 of the Act (hereinafter referred to as "preparatory school") can obtain accreditation of his or her school education, etc., the heads of settlement support facilities shall cooperate with the competent superintendent of education with jurisdiction over the address of the relevant preparatory school.

[This Article Wholly Amended on Sep. 27, 2010]

Article 28(Procedures for accreditation of qualifications) #

(1) Any person eligible for protection who wishes to obtain accreditation of his or her qualifications under Article 14 of the Act shall submit an application for accreditation of qualifications to the Minister of Unification.

(2) Upon receipt of the application under paragraph (1), the Minister of Unification shall send it, attached with a written verification of the application, to the head of an institution (including a private institution; hereinafter the same shall apply) in charge of duties related to recognizing the relevant qualifications.

(3) The head of an institution, upon receipt of the application and written verification under paragraph (2), shall determine whether to recognize the qualifications of the person eligible for protection and whether supplementary education or re-education (hereinafter referred to as "supplementary education, etc.") is required for accreditation of the qualifications of the person eligible for protection, and notify the results of his or her determination to the Minister of Unification within three months from the date he or she receives the aforesaid documents, and then, the Minister of Unification shall notify it to the relevant applicant.

(4) In order to examine whether to grant the accreditation of qualifications of persons eligible for protection under paragraph (3), a committee for examining accreditation of qualifications may be established within an institution in charge of duties related to recognizing the relevant qualifications in accordance with Article 14(3) of the Act.

(5) Matters necessary for organization, operation, etc. of a committee for examining accreditation of qualifications under paragraph (4) shall be determined by the head of an institution in charge of duties related to recognizing the relevant qualifications.

[This Article Wholly Amended on Sep. 27, 2010]

Article 29(Providing supplementary education) #

Where a person eligible for protection applies for supplementary education, etc. necessary for obtaining accreditation of his or her qualifications, the Minister of Unification may require the head of an institution in charge of duties related to recognizing the relevant qualifications to provide supplementary education, etc. after holding consultation with him or her. In such cases, the Minister of Unification shall subsidize expenses to be incurred in the institution in charge of duties related to recognizing the relevant qualifications to provide supplementary education, etc. within the budget.

[This Article Wholly Amended on Sep. 27, 2010]

Article 30(Education for social adaptation) #

(1) In principle, the basic education under Article 15(1) of the Act (hereinafter referred to as "basic education") shall be provided during a period of protection under Article 11(1) of the Act.

(2) Deleted. <May 25, 2021>

(3) In principle, adaptation education under Article 15(3) of the Act (hereinafter referred to as "local adaptation education") shall be provided within the first year of the period of protection at the place of residence under Article 5(3) 　 of the Act. <Amended on May 25, 2021>

(4) For the purposes of providing education for local adaptation, the Minister of Unification shall prepare education curricula which shall include education programs developed in consideration of the characteristics of the place of residence, counselling programs of various kinds, and service linkage with institutions and organizations involved in providing support for persons eligible for protection.

(5) The Minister of Unification may entrust the implementation of local adaptation education under Article 15(4) of the Act to a local adaptation center under Article 30-2(2). <Amended on May 25, 2021; Jul. 9, 2024>

(6) When the Minister of Unification entrusts the implementation of local adaptation education pursuant to paragraph (5), the Minister of Unification shall notify the entrusted institution and the details of the entrusted work. <Amended on May 25, 2021>

(7) The Minister of Unification may provide additional education for social adaptation by developing special programs during the period of protection at the place of residence under Article 5(3) of the Act if persons eligible for protection wish to receive such education or it is deemed necessary for his or her social adaptation. <Amended on May 25, 2021>

(8) Except as provided in paragraphs (1) through (6), matters necessary for providing education, etc. for social adaptation of persons eligible for protection shall be determined by the Minister of Unification. <Amended on May 25, 2021>

[This Article Wholly Amended on Sep. 27, 2010]

Article 30-2(Designation and operation of local adaptation centers) #

(1) "Qualifications and facilities prescribed by Presidential Decree" in Article 15-2(1) of the Act means the standards for designation in Appendix 1.

(2) Pursuant to Article 15-2(1) of the Act, the Minister of Unification may designate an institution or organization that meets the standards for designation under paragraph (1) as a local adaptation center in consultation with the head of a local government having jurisdiction over the place of residence of a person eligible for protection (hereafter in this Article and Article 31, referred to as "head of a local government") through a public contest.

(3) The Minister of Unification may prepare a work manual for the smooth operation of a local adaptation center under paragraph (2) (hereinafter referred to as "local adaptation center") and provide it to each local adaptation center.

(4) "Facilities prescribed by Presidential Decree" in Article 15-2(4) of the Act means facilities installed and operated to establish regional bases necessary for the development of inter-Korean relations pursuant to Article 1-2(1) of the Enforcement Decree of the Development of Inter-Korean Relations Act.

(5) Except as provided in paragraphs (1) through (4), matters necessary for the procedures for the designation of a local adaptation center, and the operation thereof shall be determined and publicly notified by the Minister of Unification.

[This Article Wholly Amended on Jul. 9, 2024]

Article 31(Revocation of designation of local adaptation center) #

(1) Where a local adaptation center falls under any of the following pursuant to Article 15-2(5) of the Act, the Minister of Unification may revoke the designation of a local adaptation center in consultation with the head of a local government; provided, where it falls under subparagraph 1, the Minister of Unification shall revoke the designation thereof:

1. Where it is designated by fraud or other improper means;

2. Where it fails to meet the standards for designation under Article 30-2(1);

3. Where it has used the expenses subsidized under Article 15-2(3) of the Act for any purpose other than the intended purpose.

(2) Where the Minister of Unification revokes the designation of a local adaptation center pursuant to paragraph (1), he or she shall publicly announce such fact on the website of the Ministry of Unification.

[This Article Added on Jul. 9, 2024]

Article 32(Operation of Inter-Korean Cultural Integration Center) #

(1) The Inter-Korean Cultural Integration Center under Article 15-3(1) of the Act shall implement the following projects:

1. Projects for the development and dissemination of inter-Korean cultural integration contents;

2. Projects for the promotion of social exchange and communication among North Korean defectors;

3. Projects to provide North Korean defectors with psychological and language support;

4. Other projects deems necessary by the Minister of Unification to enhance the public's understanding of North Korean defectors and to create a foundation necessary for the integration of inter-Korean culture.

(2) The Minister of Unification may entrust the projects referred to in paragraph (1) to an institution or organization deemed to have human resources, facilities, etc. necessary for the implementation of such projects, from among institutions or organizations specialized in the relevant fields.

(3) Except as provided in paragraphs (1) and (2), matters necessary for the operation of the Inter-Korean Cultural Integration Center shall be determined by the Minister of Unification.

[This Article Added on Jul. 9, 2024]

Article 32-2(Provision of training allowances) #

(1) The Minister of Unification shall provide vocational training allowances to a person eligible for protection who receives vocational training under Article 16 of the Act during a period of vocational training.

(2) The standards for providing vocational training allowances and other necessary matters shall be determined by the Minister of Unification.

[This Article Wholly Amended on Sep. 27, 2010]

Article 33(Vocational guidance) #

(1) The Minister of Unification shall provide vocational guidance on matters including the following matters to persons who are or were eligible for protection in order to ensure that they find jobs appropriate for their abilities and aptitudes and receive vocational training based on their skills, experience, etc.: <Amended on Oct. 19, 2021>

1. Vocational counseling and vocational aptitude test;

2. Provision of occupational information, including job descriptions, working conditions, and employment trends;

3. Guidance on qualification tests of various kinds;

4. Support for the development and improvement of vocational abilities, including recommendation of appropriate vocational training institutions;

5. Other support to develop basic skills and adaptation expected of professionals.

(2) The Minister of Unification may request the Minister of Employment and Labor, etc. to conduct vocational guidance under paragraph (1), and the Minister of Employment and Labor, etc., upon receipt of such request, shall comply therewith.

[This Article Wholly Amended on Sep. 27, 2010]

Article 34(Support for promotion of employment) #

(1) In order to promote the employment of persons eligible for protection, the Minister of Unification shall prepare a register by collecting and recording the academic background, career experience, skills possessed, etc. of persons eligible for protection, and make it available for utilization by private enterprises, etc.

(2) Where it is necessary to promote employment of persons eligible for protection, the Minister of Unification may request the heads of the relevant administrative agencies to provide relevant data, such as the status of vocational training, employment insurance cover, etc. of persons eligible for protection. In such cases, heads of the relevant administrative agencies shall comply therewith unless there is good cause.

[This Article Wholly Amended on Sep. 27, 2010]

Article 34-2(Provision of employment subsidies) #

(1) "Date such person is first employed" in the main clause of Article 17(1) of the Act means the date a person eligible for protection subscribes to employment insurance defined in the Employment Insurance Act during a period of protection at the place of residence under Article 5(3) of the Act; provided, in cases of businesses falling under Article 2(1)1 of the Enforcement Decree of the Employment Insurance Act, the date verified according to the procedures determined by the Minister of Unification shall be deemed the date the person eligible for protection is first employed.

(2) The grounds for extending the period of employment security by up to one year under the proviso of Article 17(1) of the Act shall be as follows:

1. When he or she has worked at the same business place during a period of employment security;

2. When he or she is an aged person, a person with a disability, etc. prescribed by Decree of the Ministry of Unification.

(3) For the purposes of applying paragraph (2)1, when a person eligible for employment protection resigns on his or her own free will within six months after his or her employment due to such grounds as lack of aptitude or work maladjustment, and resumes employment within a period determined by the Minister of Unification, it shall be deemed that such person has continued to work at the same business place, on only one occasion.

(4) A business owner who wishes to receive employment subsidies under Article 17(3) of the Act shall apply for payment of employment subsidies to the regional employment and labor office having jurisdiction over the relevant enterprise by the 10th of the month following the quarter in which salary is paid to a person eligible for employment protection by submitting an application for employment subsidies, attached with a wage ledger, etc., and upon receipt of the application, the regional employment and labor office shall send it to the Minister of Unification by the 15th of the same month; provided, where a business owner fails to file an application within the aforesaid period for any unavoidable grounds, the application shall be filed by the 10th of the month following the next quarter.

(5) Upon receipt of the application for the payment of employment subsidies under paragraph (4), the Minister of Unification shall pay employment subsidies to the relevant business owner within 30 days from the date of receiving the application after verifying the relevant employment status.

(6) Notwithstanding paragraph (5), the Minister of Unification need not pay employment subsidies in any of the following cases: <Amended on Nov. 24, 2014>

Article 35(Employment arrangement) #

(1) A person eligible for protection who wishes to receive employment arrangement services under Article 17(6) of the Act shall submit an application for employment, attached with documents prescribed by Decree of the Ministry of Unification, to the Minister of Unification.

(2) Deleted. <Oct. 19, 2021>

(3) Where the application for employment arrangement services under paragraph (1) is filed, the Minister of Unification may request cooperation from related institutions, organizations, and corporations.

[This Article Wholly Amended on Sep. 27, 2010]

Article 35-2(Restrictions on employment protection) #

(1) The period for restricting employment protection under Article 17-2(1) of the Act shall be as follows:

1. Where a person eligible for employment protection falls under Article 17-2(1)1 of the Act: Six months;

2. Where a person eligible for employment protection falls under Article 17-2(1)2 of the Act: One year.

(2) "Period prescribed by Presidential Decree" in Article 17-2(1)1 of the Act shall be six months.

[This Article Wholly Amended on Sep. 27, 2010]

Article 35-3(Restrictions on payment of employment subsidies and order for return) #

(1) In cases of business owners who have received employment subsidies provided in Article 17(3) of the Act (hereafter in this Article referred to as "employment subsidies") by fraud or other improper means, the Minister of Unification shall not pay the amount which has not yet been paid of the amount of employment subsidies which was supposed to be paid initially, as prescribed in Article 17-2(4) of the Act.

(2) In cases of business owners, upon receipt of employment subsidies by fraud or other improper means, the Minister of Unification shall restrict the payment of employment subsidies which are to be newly provided during the periods set forth in the Appendix 2, as prescribed in Article 17-2(4) of the Act. <Amended on May 25, 2021>

(3) Upon receipt of an order for return under Article 17-2(4) of the Act, a business owner shall return the notified amount within 30 days from the date he or she receives the notification. In such cases, in principle, the payment shall be made in a lump sum, but if the amount to be paid exceeds 10 million won, payment in installments may be allowed, as determined by the Minister of Unification.

[This Article Added on Apr. 21, 2014]

[Previous Article 35-3 moved to Article 35-4 <Apr. 21, 2014>]

Article 35-4(Support for farming settlement) #

(1) The Minister of Unification may provide a person eligible for protection who hopes to engage in the farming business (including fishing and forestry; hereinafter the same shall apply) with necessary support, including education and training for farming, on-site training programs in agriculture, fisheries, and forestry, financial assistance for farming, and so forth, under Article 17-3 of the Act: <Amended on Mar. 23, 2013; Feb. 11, 2014; Apr. 21, 2014; Sep. 30, 2025>

1. Deleted; <Apr. 21, 2014>

2. Deleted; <Apr. 21, 2014>

3. Deleted; <Apr. 21, 2014>

(2) The Minister of Unification may request the Minister of Agriculture, Food and Rural Affairs to provide education and training for farming or to support on-site training programs in rural areas under paragraph (1). In such cases, the Minister of Agriculture, Food and Rural Affairs, upon receipt of the request for cooperation, shall comply therewith unless there is a compelling reason not to do so. <Added on Feb. 11, 2014>

(3) With respect to persons with a strong desire to engage in the farming business among those who have completed education and training for farming or on-site training programs in rural areas under paragraph (2), the Minister of Agriculture, Food and Rural Affairs may provide necessary support to such persons, including selecting him or her as a successor to a farmer. <Amended on Mar. 23, 2013; Feb. 11, 2014>

(4) Matters necessary for selecting a successor to a farmer, etc. under paragraph (3) shall be determined by the Minister of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Feb. 11, 2014>

[This Article Wholly Amended on Sep. 27, 2010]

[Title Amended on Sep. 30, 2025]

[Moved from Article 35-3 <Apr. 21, 2014>]

Article 35-5(Preferential purchase) #

(1) "Ratio ... prescribed by Presidential Decree" in Article 17-5(1)2 of the Act means five percent annually. <Amended on Feb. 15, 2022>

(2) In accordance with Article 17-5 of the Act, a business owner who intends to receive support, such as preferential purchase of products, etc. shall submit an application prescribed by Decree of the Ministry of Unification to the Minister of Unification along with documents proving that he or she meets the requirements in each subparagraph of Article 17-5(1) of the Act. <Added on May 25, 2021; Feb. 15, 2022>

(3) The Minister of Unification shall endeavor to ensure that goods produced by business owners under Article 17-5(1) of the Act are preferentially purchased by the State, local governments, and other public organizations. <Amended on May 25, 2021; Feb. 15, 2022>

(4) The procedure for applying for assistance under paragraph (2) and other necessary matters shall be determined and publicly notified by the Minister of Unification. <Added on May 25, 2021>

[This Article Wholly Amended on Sep. 27, 2010]

[Moved from Article 34-3 <Jul. 16, 2019>]

Article 35-6(Start-up support) #

"Other matters prescribed by Presidential Decree" in Article 17-6(1)5 of the Act means the following:

1. Support for improving business management to improve the competitiveness of North Korean defectors in relation to business startup;

2. Support for market development of products founded, produced and distributed by North Korean defectors.

[This Article Added on May 25, 2021]

Article 36(Special appointment as public officials) #

(1) Special appointment under Article 18(1) of the Act shall be limited to those who have experience of working at administrative agencies of various levels, public institutions, etc. in North Korea; those who have relevant qualifications in his or her desired field of employment; or those determined by the Minister of Unification, in consultation with the Minister of National Defense.

(2) A person eligible for protection who wishes to be specially appointed under Article 18(1) of the Act shall submit an application for special appointment, attached with documents prescribed by Decree of the Ministry of Unification, to the Minister of Unification.

(3) Where the Minister of Unification receives the application under paragraph (2), he or she shall send it, attached with a written verification of details of the application, to the Minister of Personnel Management and the heads of administrative agencies of various levels (hereafter in this Article referred to as the "Minister of Personnel Management, etc."), and then, the Minister of Personnel Management, etc. shall notify the outcomes of such application to the relevant applicant via the Minister of Unification. <Amended on Mar. 23, 2013; Nov. 19, 2014>

(4) The Minister of Personnel Management, etc. may specially appoint a person eligible for protection in accordance with the statutes or regulations related to the personnel management of public officials by according preferential treatment to such person, and in such cases, a written examination which is to be administered for the relevant special employment may be exempted. <Amended on Mar. 23, 2013; Nov. 19, 2014>

[This Article Wholly Amended on Sep. 27, 2010]

Article 37(Special appointment of soldiers) #

The special appointment under Article 18(2) of the Act shall be conducted in accordance with Articles 11 and 12 of the Military Personnel Management Act and Article 11 of the Enforcement Decree of that Act.

[This Article Wholly Amended on Sep. 27, 2010]

Article 37-2(Methods and procedures for evaluating central administrative agencies) #

(1) The Prime Minister, the Minister of Finance and Economy, the Minister of the Interior and Safety, etc. who evaluate central administrative agencies, local governments and public institutions under the Framework Act on Public Service Evaluation may include the employment rate of residents escaping from North Korea in their relevant evaluation. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 30, 2025>

(2) The heads of institutions that conduct evaluation under paragraph (1) shall evaluate the employment rate of residents escaping from North Korea, based upon the characteristics of agencies subject to evaluation; provided, paragraph (1) may not apply to areas where duties require strict and high-level security, including diplomacy, security, and national defense.

[This Article Added on Sep. 27, 2010]

Article 38(Accommodation support) #

(1) The Minister of Unification may provide a person eligible for protection, with housing with the exclusive area not exceeding 85 square meters free of charge or offer necessary support for the lease [referring to arrangement for the lease and support necessary for paying rental deposits (hereinafter referred to as "housing subsidies")] within the budget, based upon the age, household composition, etc. of the person eligible for protection, as under Article 20(1) of the Act; provided, housing subsidies may be paid only partially, as determined by the Minister of Unification, based upon the property and social adaptation status of the person eligible for protection and his or her immediate family's desire to settle, violations committed at settlement support facilities or temporary protection facilities, duration of stay in a third country, and so forth.

(2) The Minister of Unification may provide housing assistance by categorizing the areas where persons eligible for protection reside as follows:

1. Area "A": The metropolitan area (referring to the Seoul Metropolitan City, Incheon Metropolitan City, and Gyeonggi-do);

2. Area "B": The metropolitan cities (excluding Incheon Metropolitan City);

3. Area "C": Areas other than those falling under Area "A" or "B."

(3) Except as provided in paragraphs (1) and (2), matters necessary for housing assistance shall be determined by the Minister of Unification after deliberation by the Council.

(4) 　 A person eligible for protection shall be entitled to special acquisition of housing with the area not exceeding 85 square meters, among the national housing defined in subparagraph 5 of Article 2 of the Housing Act and the housing provided by the State, a local government, the Korea Land and Housing Corporation established under the Korea Land and Housing Corporation Act (hereinafter referred to as the "Korea Land and Housing Corporation"), or a local government-invested public corporation established for the purpose of conducting housing projects under Article 49 of the Local Public Enterprises Act (hereinafter referred to as "local government-invested public corporation"), and he or she may be selected as a tenant of publicly constructed rental housing defined in subparagraph 1-2 of Article 2 of the Special Act on Public Housing or publicly purchased rental housing defined in subparagraph 1-3 of the same Act. <Amended on Jul. 16, 2014; Nov. 24, 2014; Dec. 28, 2015; Aug. 11, 2016; May 25, 2021>

(5) A person eligible for protection who wishes to acquire or lease housing under paragraph (4) shall submit an application for acquisition or lease of the relevant housing to the Minister of Unification.

Article 38-2(Support for utilization of communal living facilities) #

(1) In accordance with Article 20(4) of the Act, the Minister of Unification may provide support necessary for using communal living facilities to youth without relatives and persons eligible for protection in whose case housing assistance is being delayed even after they cease to receive protection at settlement support facilities under Article 11(1) of the Act, and others. <Amended on Jun. 21, 2022>

(2) With respect to youths without relatives who cease to receive protection at settlement support facilities under Article 11(1) of the Act, the Minister of Unification may defer housing assistance under Article 20(1) of the Act and allow them to use community living facilities; provided, where an application is filed by youths without relatives, the Minister of Unification may provide housing assistance to him or her, if deemed necessary, based upon the age, living ability, etc. of the relevant youths without relatives.

(3) The Minister of Unification may subsidize expenses needed for community living facilities to perform the following duties to the extent not overlapping with support by other institutions:

1. Provision of board and lodging;

2. Guidance for further education, supplementary education, and vocational training;

3. Support for mental and physical recovery, including counseling for psychological stability and social adaptation, and linkage with medical institutions;

4. Other duties deemed necessary by the Minister of Unification.

(4) With respect to operators of community living facilities who are recognized as in need of special assistance, in order to ensure that such operators are provided with assistance necessary to lease housing, the Minister of Unification may request cooperation from the managing bodies of the relevant housing, including the Minister of Land, Infrastructure and Transport, the heads of local governments, the chief executive officer of the Korea Land and Housing Corporation, and the presidents of local government-invested public corporations. In such cases, the managing bodies, upon receipt of such request for cooperation, shall comply therewith unless there is a compelling reason not to do so. <Amended on Mar. 23, 2013>

(5) Except as provided in paragraphs (1) and (4), matters necessary for assisting the use of community living facilities shall be determined by the Minister of Unification.

[This Article Wholly Amended on Sep. 27, 2010]

Article 38-3(Residential relocation assistance) #

(1) The details of support necessary for relocation under Article 20(6) of the Act shall be as follows:

1. Support necessary for changing the public construction rental housing or publicly purchased rental housing in which a person eligible for protection selected as a resident in accordance with Article 38(4) resides, into a rental housing at a different address;

2. Support necessary for using communal living facilities under Article 38-2.

(2) The Minister of Unification shall hear the opinions of the Minister of National Defense, the Commissioner of the National Police Agency, and the Director of the National Intelligence Service before deciding whether to provide support under paragraph (1).

(3) The Minister of Unification may request cooperation from the Minister of Land, Infrastructure and Transport, the head of a local government, the president of Korea Land and Housing Corporation, and the president of a local corporation, if necessary in relation to support under paragraph (1).

(4) Except as provided in paragraphs (1) and (3), matters necessary for residential relocation assistance shall be determined by the Minister of Unification.

[This Article Added on May 25, 2021]

Article 39(Standards for providing settlement money and reduction thereof) #

(1) The settlement money under the former part of Article 21(1) of the Act shall be provided, based on the following categories of basic subsidies, additional subsidies, and incentives, within 200 times the monthly minimum wage under Article 5 of the Minimum Wage Act (hereafter in this Article referred to as "monthly minimum wage"): <Amended on Feb. 13, 2017; Jul. 16, 2019>

1. Basic subsidies shall be provided based on family units, and the amount of basic subsidies shall be determined in consideration of the number of family members, within 100 times the monthly minimum wage;

2. The amount of additional subsidies shall be determined within 50 times the monthly minimum wage, based upon the age, health status, working ability, raising of children or not, etc., of a person eligible for protection and his or her family members;

3. The amount of incentives shall be determined within 50 times the monthly minimum wage, based upon the completion of vocational training, acquisition of qualifications, period of employment, etc. of a person eligible for protection.

(2) Where it is deemed necessary for social adaptation of persons eligible for protection, the Minister of Unification may pay the settlement money under paragraph (1) in installments, as prescribed by Decree of the Ministry of Unification.

(3) The Minister of Unification may reduce basic subsidies within the scopes classified in the following subparagraphs under the latter part of Article 21(1) of the Act: <Added on Jul. 16, 2019; Jun. 2, 2025>

1. In cases of holding not less than 150 million won of asset at the time of determination as a person eligible for protection: Within 50 percent of basic subsidies;

2. In cases of making a false statement or refusing to make a statement at the time of an investigation under Article 7(4) of the Act: Within 50 percent of basic subsidies;

3. In cases of being determined as a person eligible for protection due to falling under any of the subparagraphs of Article 16(2): Within 50 percent of basic subsidies;

4. In cases of committing any act falling under any of the following items, which impairs the safety of, or order in, a diplomatic mission abroad, provisional protection facility or settlement support facility: Within 30 percent of basic subsidies;

a. Leaving, without permission, a diplomatic mission abroad, provisional protection facility or settlement support facility, or deliberately destructing or damaging any goods or data such as papers and documents;

Article 40(Standards for paying due gratuity) #

(1) Due gratuity under Article 21(2) of the Act may be paid according to the following classifications, depending on information that a person eligible for protection has provided for national interests or the type of equipment (including goods) they have brought, within 500 million won: <Amended on May 8, 2017>

1. Information valuable for national security: Up to 500 million won;

2. Warships and fighter-bombers: Up to 500 million won;

3. Tanks, guided weapons, and other airplanes: Up to 300 million won;

4. Weapons such as guns, machine guns and rifles: Up to 50 million won;

5. Goods: Their market values.

(2) Notwithstanding paragraph (1), where the Minister of Unification deems it necessary taking into account the level of contribution made by relevant information or equipment to national security and the formulation and determination of unification policies, he or she may pay due gratuity in an amount not exceeding 1 billion won. In such cases, the Minister of Unification shall consult with the Minister of National Defense and the Director of the National Intelligence Service before paying out the same. <Added on May 8, 2017>

(3) The specific amount of due gratuity under paragraphs (1) and (2) and other necessary matters shall be determined by the Minister of Unification after deliberation by the Council.

[This Article Wholly Amended on Sep. 27, 2010]

Article 40-2(Persons eligible for support for formation of assets for settlement and provision of grants) #

(1) If a person eligible for protection has been engaged in economic activities, such as employment and business, for at least 3 months, the Minister of Unification may select such person as a person eligible for support for formation of assets for settlement under Article 21-2(1) of the Act, based upon his or her economic activity status, purpose of asset formation, amount of assets to be formed, etc. <Amended on Feb. 11, 2025>

(2) A person eligible for protection selected as a recipient of support for formation of assets for settlement under paragraph (1) (hereafter in this Article referred to as "person eligible for support for formation of settlement assets") shall deposit some of his or her monthly income for any of the following purposes, in an account opened with an institution entrusted with business affairs related to the accumulation of funds for establishing settlement assets under Article 49(5): <Amended on Jul. 16, 2019; May 25, 2021>

1. Funds for purchasing or leasing a house;

2. Funds for education or technical training of the person eligible for protection himself or herself or his or her children;

3. Funds for business start-up or operation;

4. Other purposes determined and publicly notified by the Minister of Unification.

(3) For the purpose of assisting a person eligible for support for formation of settlement assets, the Minister of Unification shall deposit the same amount as the monthly reserve under paragraph (2) each month, as determined and publicly notified by the Minister of Unification.

(4) The period of assisting a person eligible for support for formation of settlement assets shall be 2 years; provided, if such eligible person applies for additional support, the Minister of Unification may extend the period of assisting the person by up to 2 times, each for a period of 1 year. <Amended on Feb. 11, 2025>

(5) Where the period of assistance under paragraph (4) expires, the Minister of Unification may pay grants reserved under paragraph (3) to a person eligible for support for formation of settlement assets.

(6) Notwithstanding paragraph (5), where a person eligible for support for formation of settlement assets falls under any of the following, the Minister of Unification may not pay grants under paragraph (5) or recover the amount of grants already paid: <Amended on May 8, 2017; May 25, 2021>

Article 41(Fact-finding surveys) #

(1) The Minister of Unification shall conduct a fact-finding survey necessary for protecting and supporting residents escaping from North Korea who are staying overseas, and reflect the outcomes thereof in the relevant policies.

(2) For the purpose of providing protection at the place of residence in accordance with Article 22(1) of the Act, the Minister of Unification may require his or her officials to investigate relevant matters.

(3) A public official in charge of investigations under paragraph (2) shall present identification indicating his or her authority to the relevant persons.

(4) The Minister of Unification shall prepare and manage the registry for protection at the place of residence, which shall include matters investigated under paragraph (2), for five years from the date the relevant person initially moves into his or her place of residence.

(5) The Minister of Unification may establish and operate an electronic system to efficiently prepare and manage the registry for protection at the place of residence under paragraph (4). <Added on Feb. 15, 2022>

[This Article Wholly Amended on Sep. 27, 2010]

Article 41-2(Guidance for living at place of residence) #

In order to support persons eligible for protection by protecting their personal safety until they arrive at the place of residence from a settlement support facility, providing guidance for living at the place of residence, and so forth, the Minister of Unification may designate and utilize volunteers. <Amended on Oct. 19, 2021>

[This Article Added on Sep. 27, 2010]

Article 42(Personal protection at place of residence) #

(1) Upon receipt of a request for personal protection under Article 22-2(1) of the Act, the Minister of National Defense or the Commissioner General of the Korean National Police Agency shall, where he or she provides personal protection, endeavor to protect the human rights of the relevant person eligible for protection.

(2) Where a person eligible for protection who is under protection in a settlement support facility under the proviso of Article 10(1) of the Act intends to move from such facility into his or her place of residence, the Director of the National Intelligence Service shall inform the Minister of Unification of such fact.

(3) The Minister of Unification may request cooperation of the Minister of National Defense or the Commissioner General of the Korean National Police Agency to confirm the intention of a person eligible for protection under the main clause of Article 22-2(4) of the Act. In such cases, the Minister of National Defense or the Commissioner General of the Korean National Police Agency, in receipt of the request for cooperation, shall provide cooperation. <Amended on Jul. 9, 2024>

(4) Where intending to confirm the intention of a person eligible for protection under the main clause of Article 22-2(4) of the Act, the Minister of Unification shall, except in extenuating circumstances such as unknown whereabouts of such person, confirm the intention of the person in writing before the period for the provision of personal protection expires. <Amended on Jul. 9, 2024>

(5) The extension of the period for the provision of personal protection under the main clause of Article 22-2(4) of the Act shall not exceed 5 years for each extension. <Amended on Jul. 9, 2024>

(6) Where a person eligible for protection intends to request the termination of personal protection pursuant to the proviso of Article 22-2(4) of the Act, he or she shall submit a written request for termination to the Minister of Unification, as prescribed by Decree of the Ministry of Unification. <Added on Jul. 9, 2024>

(7) A person eligible for protection who intends to request the resumption of personal protection under the former part of Article 22-2(5) of the Act shall submit a written request for resumption to the Minister of Unification, as prescribed by Decree of the Ministry of Unification. <Added on Jul. 9, 2024>

(8) Paragraphs (3) through (6) shall apply mutatis mutandis to the extension and termination of the period for the resumption of personal protection. <Added on Jul. 9, 2024>

Article 42-2(Measures to prevent personal harm due to hacking) #

(1) Where any of the following persons who process personal information of persons eligible for protection deems that hacking, etc. is likely to result in leak of their personal information or harm to their safety, he or she may request the Minister of Unification to take measures to prevent harm to the safety of such persons eligible for protection;

1. The head of a settlement support facility under the main clause of Article 10(1) of the Act;

2. The head of the local adaptation center;

3. The chief director of the Foundation of Support for North Korean Defectors under Article 30(1) of the Act (hereinafter referred to as the "Foundation").

(2) Where the Minister of Unification deems that hacking, etc. is likely to result in the leak of the personal information of a person eligible for protection or in harm to his or her safety, the Minister may conduct investigations and take measures necessary to prevent harm to his or her safety.

(3) The Minister of Unification may request that the information and communications networks and information systems managed by each subparagraph of paragraph (1) take security measures to prevent leakage of personal information due to hacking, etc.

(4) The Minister of Unification may request cooperation in joint investigations, etc. from relevant agencies, such as the National Intelligence Service, if necessary for investigations or measures under paragraphs (2) and (3).

[This Article Added on May 25, 2021]

[Previous Article 42-2 moved to Article 42-3 <May 25, 2021>]

Article 42-3(Establishment and operation of regional consultative council for supporting residents escaping from North Korea) #

(1) For the purpose of providing protection at the place of residence under Article 22(1) of the Act, the Minister of Unification may establish and operate a regional consultative council for supporting residents escaping from North Korea within the competent local government having jurisdiction over the place of residence of a person eligible for protection (hereinafter referred to as "regional consultative council").

(2) A regional consultative council may be comprised of public officials in charge of protection of personal safety under Article 42, public officials belonging to the employment centers of the Ministry of Employment and Labor, and related persons from the Foundation, religious organizations, private organizations, corporations, etc. <Amended on May 25, 2021>

(3) Detailed matters necessary for establishing and operating a regional consultative council and other related matters shall be determined by the Minister of Unification.

[This Article Wholly Amended on Sep. 27, 2010]

[Moved from Article 42-2 <May 25, 2021>]

Article 42-4(Personnel training) #

(1) "Tasks related to the protection and settlement support for North Korean defectors as prescribed by Presidential Decree" in Article 22-4(1)5 of the Act means the following tasks:

1. Support tasks necessary for entry into the Republic of Korea under Article 7(3) of the Act;

2. Protection tasks at settlement support facilities under Article 11 of the Act;

3. Protection tasks for youth without relatives under Article 11-2 of the Act;

4. Social adaptation education tasks under Article 15 of the Act;

5. Tasks specified in the subparagraphs of Article 15-2(2) of the Act.

(2) The Minister of Unification may conduct training for persons who perform tasks related to the protection and settlement support for North Korean defectors under Article 22-4(1) of the Act (hereinafter referred to as "personnel training") at least once each year.

(3) Training for personnel shall include the following:

1. Understanding of North Korean defectors;

2. The current status of settlement and social integration of North Korean defectors;

3. Policies and systems for the protection and settlement support for North Korean defectors;

4. Other matters deemed necessary by the Minister of Unification to enhance understanding of North Korean defectors and to ensure efficient performance of tasks.

(4) Personnel training may be conducted through in-person training or distance learning.

(5) Except as provided in paragraphs (1) through (4), matters necessary for the operation of personnel training shall be determined by the Minister of Unification.

[This Article Added on Sep. 30, 2025]

Article 43(Obligations to report) #

In accordance with Article 23 of the Act, the head of a local government shall report details of the registry for protection at the place of residence under Article 41(4) to the Minister of Unification via the Minister of the Interior and Safety, semi-annually, for five years from the date of initial taking occupancy of first residence. <Amended on Mar. 23, 2013; Nov. 19, 2014; Feb. 13, 2017; Jul. 26, 2017>

[This Article Wholly Amended on Sep. 27, 2010]

Article 44(Support for admission to schools) #

(1) If a North Korean defector or his or her child (limited to a child who is a national of the Republic of Korea; hereafter in this Article and Articles 45, 46-2, 47, and 49, the same shall apply) intends to be admitted to or transferred to any schools at all levels in the Republic of Korea (limited to cases where such person is transferred to a school after having his or her academic credentials recognized under Article 13 of the Act; hereinafter the same shall apply), the standards prescribed by education-related statutes and regulations shall apply. <Amended on Apr. 29, 2025>

(2) With respect to a North Korean defector or his or her child seeking admission or transfer under paragraph (1), the Minister of Unification may provide preparatory or supplementary learning courses for such admission or transfer, in cooperation with the Minister of Education. <Amended on Mar. 23, 2013; Apr. 29, 2025>

[This Article Wholly Amended on Sep. 27, 2010]

Article 45(Persons eligible for educational support) #

Persons eligible for educational support under Article 24(1) of the Act shall be North Korean defectors who have been admitted to or transferred to any of the following educational institutions and children of North Korean defectors who have been admitted to or transferred to an educational institution specified in subparagraph 1 or 2: <Amended on Apr. 29, 2025>

1. Schools specified in the subparagraphs of Article 2 of the Elementary and Secondary Education Act;

2. Schools specified in the subparagraphs of Article 2 of the Higher Education Act;

3. Lifelong educational establishments whose academic credentials and degrees are recognized under the Lifelong Education Act;

4. Education and training institutes that operate the courses of study assessed and certified under the Act on Recognition of Credits;

5. Polytechnic colleges that operate degree courses under the National Lifelong Vocational Skills Development Act.

[This Article Wholly Amended on Feb. 11, 2025]

Article 45-2(Support to schools) #

(1) In accordance with Article 24(2) of the Act, the Minister of Unification may subsidize expenses incurred in operating any of the following schools (hereinafter referred to as "schools, etc.") to the extent not overlapping with support by related institutions: <Amended on Feb. 11, 2014>

1. Schools that operate special adaptation training programs for residents escaping from North Korea, among the schools defined in the subparagraphs of Article 2 of the Elementary and Secondary Education Act;

2. Schools that provide preparatory or supplementary learning courses under Article 44(2) for residents escaping from North Korea or their children, among schools other than those defined in the subparagraphs of Article 2 of the Elementary and Secondary Education Act.

(2) The head of an institution that operates a school, etc. shall report the outcomes of operating schools, etc. to the Minister of Unification on a quarterly basis, and the Minister of Unification shall administer and supervise to ensure that a school, etc. is operated in compliance with the purpose of support.

(3) The Minister of Unification may suspend providing support when it is deemed inappropriate for support to be continued since the execution of budget by schools, etc. fails to comply with the objective of support or the provision of support has resulted in poor performance only.

(4) Except as provided in paragraphs (1) through (3), matters necessary for providing support to schools, etc. shall be determined by the Minister of Unification.

[This Article Added on Jul. 31, 2009]

Article 46(Standards for educational support for North Korean defectors) #

(1) With respect to North Korean defectors who have been admitted to or transferred to educational institutions specified in subparagraph 1 of Article 45, entrance fees, tuition fees, school operation support funds, dormitory fees, etc. of schools specified in subparagraphs 1 through 5 of Article 2 of the Elementary and Secondary Education Act shall be exempt. <Amended on Nov. 24, 2014; Feb. 11, 2025; Apr. 29, 2025>

(2) The Minister of Unification may provide subsidies to cover the living expenses of North Korean defectors who have been admitted to or transferred to high schools tailored to industrial demand under Article 90(1)10 of the Enforcement Decree of the Elementary and Secondary Education Act or specialized high schools under Article 91(1) of that Enforcement Decree (excluding high schools specialized in experience-oriented education, such as nature field training). <Added on Nov. 24, 2014; Apr. 29, 2025>

(3) With respect to North Korean defectors who have been admitted to or transferred to national or public educational institutions specified in subparagraphs 2 through 5 of Article 45, entrance fees, tuition fees, etc. shall be exempt. <Amended on Nov. 24, 2014; Jun. 21, 2022; Feb. 11, 2025; Apr. 29, 2025>

(4) With respect to North Korean defectors who have been admitted to or transferred to private educational institutions falling specified in subparagraph 2 through 5 of Article 45, the Minister of Unification shall provide a subsidy covering half of the entrance fees, tuition fees, etc.; provided, the Minister need not provide a subsidy, taking into account the school performance, attitude, etc. of the North Korean defectors, as prescribed by Decree of the Ministry of Unification. <Amended on Nov. 24, 2014; Feb. 11, 2025; Apr. 29, 2025>

(5) The support under paragraphs (3) and (4) shall be provided for up to 8 semesters within 6 years from the date the relevant North Korean defector is admitted to or transferred to a school for the first time (it shall be up to 12 semesters within the period of 8 years in cases of medical, dental, pharmaceutical, veterinary medicine, and Korean medicine schools). <Amended on Nov. 24, 2014; Apr. 29, 2025>

[This Article Wholly Amended on Sep. 27, 2010]

[Title Amended on Apr. 29, 2025]

Article 46-2(Standards for educational support for children of North Korean defectors) #

(1) With respect to children of North Korean defectors who have been admitted to or transferred to educational institutions specified in subparagraph 1 of Article 45 (excluding private schools for which the head of the school is authorized to determine tuition fees and other fees in accordance with ordinance of the competent City/Do under Article 10(2) of the Elementary and Secondary Education Act), entrance fees, tuition fees, and school operation support funds for schools specified in subparagraphs 1 through 5 of Article 2 of the Elementary and Secondary Education Act shall be exempt.

(2) Article 46(3) through (5) shall apply mutatis mutandis to children of North Korean defectors who have been admitted to or transferred to educational institutions specified in subparagraph 2 of Article 45. In such cases, "subparagraphs 2 through 5 of Article 45" shall be construed as "subparagraph 2 of Article 45", and "North Korean defectors" shall be construed as "children of North Korean defectors".

[This Article Added on Apr. 29, 2025]

Article 47(Procedures for educational support) #

(1) A North Korean defector or his or her child who intends to receive educational support under Article 24 of the Act shall submit an application for educational support to the Minister of Unification. <Amended on Apr. 29, 2025>

(2) Upon receipt of an application under paragraph (1), the Minister of Unification shall determine whether to provide support and notify the result of the determination to the relevant applicant within 10 days from the date such application is received. <Amended on Nov. 24, 2014>

(3) The methods and procedures for providing educational support and other necessary matters shall be prescribed by Decree of the Ministry of Unification.

[This Article Wholly Amended on Sep. 27, 2010]

Article 47-2(Period for education of preparatory schools) #

(1) The period for education of a preparatory school defined in Article 24-2(2) of the Act shall be up to one year from the date the relevant person starts receiving basic education at a settlement support facility.

(2) A person entitled to enter a preparatory school shall be the one aged at least six years but not more than 24 years who wishes to enter a preparatory school, among residents escaping from North Korea who are receiving, or have completed, basic education at a settlement support facility. <Amended on Nov. 24, 2014>

(3) Matters necessary for the methods and procedures for entering preparatory schools shall be determined by the heads of settlement support facilities.

[This Article Added on Sep. 27, 2010]

[Previous Article 47-2 moved to Article 47-5 <Sep. 27, 2010>]

Article 47-3(Education programs of preparatory schools) #

A preparatory school shall operate the following programs:

1. Academic aptitude diagnosis, and vocational guidance and further education;

2. Support for transfer admission, including accreditation of academic background, etc. under Article 13 of the Act;

3. Preparatory or supplementary learning under Article 44(2);

4. Education for adaptation to schools and social life through psychological diagnosis, counseling, etc.

[This Article Added on Sep. 27, 2010]

Article 47-4(Appointment of teachers of preparatory schools) #

(1) For the purposes of educational operation of preparatory schools, the Minister of Unification shall appoint persons who meet the qualification requirements described in Article 21(2) of the Elementary and Secondary Education Act as teachers.

(2) Where it is necessary for educational operation of preparatory schools, the Minister of Unification may request the Minister of Education to dispatch teachers. <Amended on Mar. 23, 2013>

[This Article Added on Sep. 27, 2010]

Article 47-5(Special cases concerning lease, sale, and use of public property) #

The details, conditions, etc. of the lease, sale, use, and profit under Article 24-3(1) and (2) of the Act shall be determined by contract when public property is leased or sold, or prescribed as conditions when permission for use and profit is granted.

[This Article Added on Sep. 30, 2025]

[Previous Article 47-5 moved to Article 47-6 <Sep. 30, 2025>]

Article 47-6(Scope of persons eligible for support for insurance premium payment and scope of support) #

The scope of persons eligible for protection and the scope of the support for insurance premium payment under Article 25(3) of the Act shall be as follows: <Amended on Oct. 1, 2025>

1. Persons eligible for protection: The insured of the health insurance under Article 5(1) of the National Health Insurance Act among the persons eligible for protection who are provided with protection at the place of residence under Article 5(3) of the Act; provided, this shall not apply to persons whose average monthly household income for the relevant year is at least the average monthly income per household of urban workers for the preceding year according to the designated statistics publicly notified by the Minister of Data and Statistics under Article 17(3) of the Statistics Act;

2. Insurance contributions: 50/100 of insurance contributions under Article 69 of the National Health Insurance Act (where the amount of insurance contributions is reduced under Article 75(1) of that Act, it means the amount of insurance contributions after the reduction).

[This Article Added on Feb. 11, 2014]

[Moved from Article 47-5; previous Article 47-6 moved to Article 47-7 <Sep. 30, 2025>]

Article 47-7(Support for livelihood) #

In accordance with Article 26-3 of the Act, the State, local governments, or other public organizations may allow or entrust the establishment of convenience businesses or facilities within public facilities under their jurisdiction through a free contract. In such cases, they shall accord preferential consideration to any of the following persons eligible for protection:

1. Persons with disabilities;

2. Single father or single mother families;

3. Patients who require treatment for at least six months;

4. People aged at least 55 years who are living in poverty.

[This Article Wholly Amended on Sep. 27, 2010]

[Moved from Article 47-6 <Sep. 30, 2025>]

Article 48(Grounds for alteration of protection) #

"Grounds prescribed by Presidential Decree" in Article 27(1)6 of the Act means any of the following cases: <Amended on Nov. 24, 2014>

1. Where a person eligible for protection has been specially appointed as a public official of Grade V, public official in general service belonging to the Senior Executive Service, or field-grade officer;

2. Where a person eligible for protection has been employed in professions such as a professor and researcher, or his or her professional qualifications as those as a doctor, have been recognized;

3. Where the amount of assets acquired by a person eligible for protection, including due gratuity provided in Article 40, is at least 300 million won;

4. Where it is ascertained that a person eligible for protection has applied for asylum in a third country;

5. Where a person eligible for protection has received, or attempted to receive, protection and support under the Act or this Decree by fraud or other improper means;

6. Where a person eligible for protection has helped, or attempted to help, another person to receive protection and support under the Act or this Decree by fraud or other improper means;

7. Where a person eligible for protection has engaged in conduct that has caused serious harm to national security.

[This Article Wholly Amended on Sep. 27, 2010]

Article 48-2(Organization of Foundation of Support for Residents Escaping from North Korea) #

(1) Directors of the Foundation shall be appointed by the Minister of Unification on the recommendation of its chief director; provided, this shall not apply to ex officio directors determined by the articles of association of the Foundation. <Amended on May 25, 2021>

(2) An auditor shall be appointed by the Minister of Unification.

(3) The chief director shall appoint up to three full-time directors from among the directors, in consultation with the Minister of Unification.

(4) Employees of the Foundation shall be appointed by the chief director, as prescribed by the articles of association.

(5) Where it is deemed necessary for achieving its purposes, the Foundation may request via the Minister of Unification that relevant administrative agencies or public institutions dispatch public officials, executive officers, employees, etc., and the heads of relevant administrative agencies or public institutions, upon receipt of such request, may dispatch his or her public officials, executive officers, employees, etc., to the Foundation.

[This Article Added on Sep. 27, 2010]

[Title Amended on May 25, 2011]

Article 48-3(Operation of Foundation) #

(1) Where the Foundation intends to establish or amend its articles of association or by-laws concerning any of the following matters, it shall obtain approval from the Minister of Unification:

1. Matters related to the organization and personnel of the Foundation;

2. Matters related to the remuneration and service of executive officers and employees;

3. Matters related to operating and managing funds;

4. Other important matters related to operating the Foundation.

(2) Matters necessary for managing the provision and execution of contributions or subsidies provided in Article 30(7) of the Act shall be determined by the Minister of Unification.

[This Article Added on Sep. 27, 2010]

Article 48-4(Direction and supervision over Foundation) #

In accordance with Article 30(12) of the Act, the Minister of Unification may require the Foundation to report matters necessary for its duties, accounting, or property or have his or her officials inspect documents, articles, etc. of the Foundation; when it is deemed necessary, the Minister of Unification may issue a corrective order to the Foundation or take other necessary measures.

[This Article Added on Sep. 27, 2010]

Article 49(Delegation and entrustment of authority or affairs) #

(1) The Minister of Unification shall delegate affairs of permission for terminating a lease contract under Article 20(2) of the Act to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu (referring to the head of an autonomous Gu), under Article 31(1) of the Act. <Added on Jul. 16, 2019>

(2) The Minister of Unification shall delegate the following affairs to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor, pursuant to Article 31(1) of the Act: <Amended on Feb. 11, 2014; Jul. 16, 2019; May 25, 2021; Oct. 19, 2021>

1. Receipt of an application for and issuance of a written confirmation of family relationship under Article 12(3) and (4) of the Act;

2. Protection of place of residence under Article 22 of the Act:

a. Investigations, and preparation and management of the registry for protection at the place of residence under Article 41(2) and (4);

b. Establishment and operation of a regional consultative council under Article 42-3;

c. Assistance with integration of persons eligible for protection for easy integration into local communities, through the provision, etc. of various kinds of information and data related to the local communities;

d. Support to establish connections with social welfare service organizations in local communities;

e. Other support for self-reliance and settlement at the place of residence.

(3) The Minister of Unification shall entrust the following affairs to the Minister of Employment and Labor under Article 31(2) of the Act: <Amended on Jul. 16, 2019; Oct. 19, 2021>

1. Provision of vocational training (excluding vocational training provided at settlement support facilities) under Article 16;

1-2. Arrangement of employment under Article 17(6) of the Act;

2. Payment of training allowances under Article 32-2;

3. Vocational guidance under Article 33;

4. Deleted. <Oct. 19, 2021>

(4) The Minister of Unification shall entrust the following projects to the Foundation under Article 31(2) of the Act: <Amended on Feb. 11, 2014; Apr. 21, 2014; Dec. 24, 2018; Jul. 16, 2019; May 25, 2021; Feb. 15, 2022; Feb. 11, 2025; Apr. 29, 2025; Sep. 30, 2025>

Article 49-2(Management of sensitive information and personally identifiable information) #

(1) The Minister of Unification (including a person to whom the authority of the Minister of Unification has been delegated, re-delegated, or entrusted), the Director of the National Intelligence Service or the head of a relevant administrative agency to which a member belongs may manage data containing health information under Article 23 of the Personal Information Protection Act (limited to affairs conducted under subparagraphs 1, 1-2, 3, 6, 6-2, and 7) and resident registration numbers or passport numbers under subparagraph 1 or 2 of Article 19 of the Enforcement Decree of that Act, if unavoidable for conducting the following: <Amended on Nov. 24, 2014; Jul. 16, 2019; Oct. 19, 2021; Feb. 15, 2022; Jun. 2, 2025>

1. Affairs concerning investigations and provisional protective measures under Article 7(4) of the Act;

1-2. Affairs concerning the management and preservation of the Registry under Article 12 of the Act;

2. Affairs concerning accrediting academic background under Article 13 of the Act and Article 27 of this Decree;

3. Affairs concerning employment protection, etc. under Article 17 of the Act and Article 35 of this Decree;

4. Affairs concerning special cases concerning divorce under Article 19-2 of the Act;

5. Affairs concerning accommodation support, etc. under Article 20 of the Act and Articles 38 and 38-2 of this Decree;

6. Affairs concerning providing settlement money under Article 21 of the Act, or goods of value equivalent thereto;

6-2. Affairs concerning supporting the formation of settlement assets under Article 21-2 of the Act;

7. Affairs concerning providing protection at the place of residence under Article 22 of the Act;

7-2. Affairs concerning personal protection at the place of residence under Article 22-2 of the Act and Article 42 of this Decree;

8. Affairs concerning educational support under Article 24 of the Act;

9. Affairs concerning altering protection under Article 27 of the Act;

10. Deleted; <Nov. 24, 2014>

11. Affairs concerning direction, supervision, etc. over the Foundation under Article 48-4.

(2) A local adaptation center may manage data containing health information under Article 23 of the Personal Information Protection Act and resident registration numbers or passport numbers under subparagraph 1 or 2 of Article 19 of the Enforcement Decree of that Act, if unavoidable for performing the duties under the subparagraphs of Article 15-2(2) of the Act. <Added on May 25, 2021; Feb. 15, 2022; Jul. 9, 2024>

Article 50(Application for objection) #

(1) Upon receipt of an application for objection under Article 32 of the Act, the Minister of Unification shall send a copy thereof to the Director of the National Intelligence Service without delay.

(2) The Minister of Unification shall notify the outcomes of the application for objection under Article 32 of the Act, to the relevant applicant within 60 days from the date he or she receives such application. In such cases, where 60 days have elapsed from the date of receiving the application, the relevant application for objection shall be deemed accepted.

[This Article Wholly Amended on Sep. 27, 2010]

Article 51 #

Deleted. <Dec. 24, 2018>