ACT ON THE REPATRIATION, TREATMENT OF THE REPUBLIC OF KOREA ARMED FORCES PRISONERS OF WAR

Article 1(Purpose) #

The purpose of this Act is to foster citizens' patriotism and contribute to the stabilization of livelihood of Republic of Korea Armed Forces (ROKAF) prisoners of war and their families and the improvement of their welfare by providing for matters concerning the finding of the actual situation of the ROKAF prisoners of war, their repatriation, and the treatment and support necessary for the ROKAF prisoners of war and their families.

Article 2(Definitions) #

The terms used in this Act shall be defined as follows: <Amended on Mar. 22, 2013; Mar. 27, 2015>

1. The term "ROKAF prisoner of war" means a soldier of the Republic of Korea who was captured, while taking part in a war or carrying out a mission, and is currently detained by a hostile country (including an anti-state organization), an armed mob, or a group of rebels (hereinafter referred to as "detaining country, etc.") or escaped from the place of detention but has not returned to the Republic of Korea;

1-2. The term "remains of an ROKAF prisoner of war" means the whole corpse of an ROKAF prisoner of war or part thereof, which are prescribed by Presidential Decree in consideration of the possibility of genetic testing, etc.;

2. The term "returned ex-prisoner of war" means an ROKAF ex-prisoner of war who has returned to the Republic of Korea;

3. The term "family members of a prisoner of war from the place of detention" means persons who are members of a family that an ROKAF prisoner of war, who died while being detained or before being registered pursuant to Article 6 or who returned to the Republic of Korea, had formed in the place of detention, and who have not acquired the nationality of a foreign country after escaping from the place of detention, and the scope of such persons shall be specified by Presidential Decree;

4. The term "duration of detention" means a period between the date a soldier of the Republic of Korea was captured and detained as an ROKAF prisoner of war and the date he/she returns to the Republic of Korea;

5. The term "registered ex-prisoner of war" means a prisoner of war who has returned to the Republic of Korea and has been registered pursuant to Article 6;

6. The term "personal information" means information (where an ROKAF prisoner of war or a family member of a prisoner of war from the place of detention is unidentifiable only with the relevant information, but is easily identifiable after combining it with other information, such other information shall be included therein) about an ROKAF prisoner of war or a family member of a prisoner of war from the place of detention, which includes his/her name, age, hometown, etc. by which an ROKAF prisoner of war or a family member of a prisoner of war from the place of detention can be identified, and is made up of signs, letters, voice, sound, images, etc.

Article 3(The State's Responsibility for Repatriation of ROKAF Prisoners of War) #

(1) The State shall formulate and implement basic policies every five years on grasping the actual status of ROKAF prisoners of war, their repatriation (including the repatriation of their remains; hereinafter the same shall apply), and the treatment and support necessary for the ROKAF prisoners of war and family members of prisoners of war from the place of detention. <Amended on Mar. 27, 2015; Jan. 16, 2024>

(2) Basic policies provided for in paragraph (1) shall include the following:

1. Location and current status of ROKAF prisoners of war;

2. Measures for the repatriation of ROKAF prisoners of war;

3. Major policies on the treatment and support for ROKAF prisoners of war;

4. Matters concerning support for family members of prisoners of war from the place of detention.

(3) When the Minister of National Defense has formulated the basic policy under paragraph (1), the Minister shall report it to the National Assembly without delay. <Newly Inserted on Jan. 16, 2024>

(4) The State shall make every effort to successfully negotiate with detaining country, etc. and build up diplomatic relations with related states in order to implement the basic policy under paragraph (1). <Amended on Jan. 16, 2024>

Article 4(Relationship with other Acts) #

The provisions of this Act shall take precedence over any provision of other Act that differs from a provision of this Act with regard to the treatment and support of ROKAF prisoners of war.

Article 5(Repatriation of ROKAF Prisoners of War Sojourning in Third Countries) #

(1) Upon receiving a request from a ROKAF prisoner of war who escaped from place of detention for protection and support for the purpose of returning to the Republic of Korea, the head of each overseas diplomatic and consular mission and other administrative agency (including the commanding officer of each military unit) shall promptly take necessary protective measures for the ROKAF prisoner of war and his/her accompanying family members and shall also take measures for returning them to the Republic of Korea.

(2) Paragraph (1) shall apply mutatis mutandis to the repatriation of family members of a prisoner of war from the place of detention.

(3) When the Government verifies any important fact regarding a ROKAF prisoner of war, such as whether a ROKAF prisoner of war is alive, it shall promptly notify the fact to his/her family (excluding the family sojourning in the place of detention).

Article 5-2(Protection of ROKAF Prisoners of War and Family Members of ROKAF Prisoners of War from Places of Detention) #

(1) No one shall turn back ROKAF prisoners of war who have escaped from the places of detention or family members of prisoners of war from the places of detention against their will, or aid and abet a third person to turn them back to the places of detention.

(2) No person who participates or has participated in the repatriation of ROKAF prisoners of war and family members of prisoners of war from the places of detention shall leak the personal information of ROKAF prisoners of war and family members of prisoners of war from the places of detention: Provided, That this shall not apply where ROKAF prisoners of war and family members of prisoners of war from the places of detention agree after arrival in Korea.

[This Article Newly Inserted on Mar. 22, 2013]

Article 6(Registration and Revocation) #

(1) Those who intend to receive treatment or support under this Act as a returned ex-prisoner of war or a family member of a prisoner of war from the place of detention shall register with the Minister of National Defense. <Amended on Mar. 22, 2013>

(2) If a returned ex-prisoner of war who files an application for registration under paragraph (1) falls under any of the following, the Minister of National Defense may reject his/her application for registration:

1. A person who voluntarily surrendered to an enemy in combat or while carrying out a mission and became a prisoner of war;

2. A person who voluntarily and vigorously aligns him/herself with the detaining country, etc. during the duration of detention;

3. A person who intentionally inflicts damage on the Republic of Korea Armed Forces during the duration of detention;

4. Other persons prescribed by Presidential Decree as inappropriate for registration.

(3) When the Minister of National Defense registers returned ex-prisoners of war, he/she shall determine the grade of them for the registration in accordance with the following criteria:

1. Grade 1: A person imprisoned because of his/her refusal to align him/herself with the detaining country, etc. during the duration of detention or who behaves in an exemplary manner to other prisoners of war;

2. Grade 2: A person who cooperates with the detaining country, etc. during the duration of detention by providing simple labor for survival, but has not performed any act hostile to the Republic of Korea;

3. Grade 3: A person who cooperates with the detaining country, etc. for survival by taking part in a pubic organization of the detaining country, etc. during the duration of detention or who has performed any act indirectly hostile to the Republic of Korea.

(4) If a family member of a prisoner of war from the place of detention who has filed an application for registration under paragraph (1) falls under any of the following, the Minister of National Defense may reject his/her application for registration:

1. A person whose spouse or lineal descendant who is an ROKAF prisoner of war falls under any subparagraph of paragraph (2);

2. A person who has committed an aircraft hijacking, drug trafficking, terrorism, massacre, etc.;

Article 6-2(Social Adaptation Education) #

The Minister of National Defense may conduct educational programs for registered ex-prisoners of war as may be necessary for them to settle in the Republic of Korea, as prescribed by Presidential Decree.

[This Article Newly Inserted on Dec. 31, 2008]

Article 6-3(Genetic Testing) #

(1) Where needs arise to identify returned ex-prisoners of war or family members of prisoners of war from the places of detention, the Minister of National Defense may perform a genetic test on the returned ex-prisoners of war, family members of prisoners of war from the places of detention, etc.

(2) An institute specializing in genetic testing, which is prescribed by Presidential Decree, may perform a genetic test under paragraph (1), and build and manage a database with the results thereof.

(3) If the Minister of National Defense intends to perform a genetic test under paragraph (1), he/she shall, beforehand, obtain a written consent from persons to be tested. In such cases, if a person to be tested is a minor, or a mentally disabled or feeble-minded person, consent shall be obtained from such person and his/her legal representative: Provided, That where obtaining consent from such person is impossible because of his/her being mentally disabled, feeble-minded, devoid of mental capacity, etc., such person's consent may be omitted.

(4) Matters necessary for genetic testing, etc. under paragraphs (1) through (3) shall be prescribed by Presidential Decree.

[This Article Newly Inserted on Mar. 22, 2013]

Article 7(Special Exceptions, etc. to Discharge from Military Service) #

(1) Articles 39 (6) and 40 (1) 6 of the Military Personnel Management Act shall apply mutatis mutandis to the postponement of discharge from military service and exclusion from military registration where a soldier becomes a prisoner of war.

(2) A soldier who is a registered ex-prisoner of war may be promoted to the honorary rank of staff sergeant. In such cases, Article 24-4 (2) and (3) of the Military Personnel Management Act shall apply mutatis mutandis to the treatment, etc. of persons promoted to the honorary rank.

[This Article Wholly Amended on Mar. 22, 2013]

Article 8(Special Promotion) #

(1) A person who has the authority for granting promotions may specially promote a registered ex-prisoner of war if he/she falls under any of the following subparagraphs, notwithstanding the minimum period of service for promotion under Article 26 of the Military Personnel Management Act:

1. A person who became a prisoner of war after performing a meritorious deed, being an exemplary solider, in combat or while carrying out a mission;

2. A person who performs exemplary conducts as a soldier during the duration of detention;

3. A person who is recognized to have had a significantly adverse impact on the detaining country, etc. during the period of detention or when he/she is returned.

(2) Special promotion under paragraph (1) shall be granted in accordance with the following classification, depending upon the status of each registered ex-prisoner of war:

1. Officer: One rank;

2. Cadet Officer: Second Lieutenant;

3. Command Sergeant Major: Warrant Officer;

4. Master Sergeant, Platoon Sergeant, Staff Sergeant: One rank;

5. Noncommissioned Cadet Officer, Sergeant: Staff Sergeant;

6. Corporal, Private First Class, Private: One rank.

(3) Other necessary matters concerning the special promotion of registered ex-prisoners of war shall be prescribed by the Minister of National Defense.

Article 9(Special Exception to Remuneration) #

(1) The Minister of National Defense shall pay remuneration (including allowances; hereafter the same shall apply in this Article) for the duration of detention to registered ex-prisoners of war: Provided, That where a registered ex-prisoner of war has already passed the age of 60 at the end of the duration of detention, he/she shall be paid remuneration until the month to which the date he/she turned 60 belongs.

(2) Matters necessary for the payment of remuneration under paragraph (1) shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Mar. 22, 2013]

Article 10 #

Deleted. <on Mar. 22, 2013>

Article 11(Compensation Benefit) #

(1) In order to console registered ex-prisoners of war and to support them in settling down in Korea, the Minister of National Defense shall pay compensation benefit by dividing it into monthly benefit and lump-sum benefit.

(2) Monthly benefit shall be paid every month to a registered ex-prisoner from the month to which the date he/she makes registration pursuant to Article 6 belongs until the month to which he/she dies belongs.

(3) The amount of monthly benefit shall be an amount according to the following classifications based on the Grades under Article 6 (3), which is within ten times of 43/100 of the standard median income, as defined in Article 2 (11) of the National Basic Living Security Act, for a single-person household (hereinafter referred to as "43/100 of the standard median income"): <Amended on Dec. 31, 2015>

1. Grade 1: An amount equivalent to ten times of 43/100 of the standard median income;

2. Grade 2: An amount equivalent to seven times of 43/100 of the standard median income;

3. Grade 3: An amount prescribed by Presidential Decree according to the track records during the duration of detention, which is within an amount equivalent to six times of 43/100 of the standard median income.

(4) An amount equivalent to 40 times the amount of monthly benefit shall be paid within 60 days from the date of registration: Provided, That where inevitable circumstances exist, such as that a ROKAF prisoner of war who escaped from the place of detention is facing difficulty in returning to Korea due to insufficient travelling expenses, etc., part of lump-sum benefit may be paid to him/her before registration.

(5) If a registered ex-prisoner of war dies, the Minister of National Defense shall pay an amount equivalent to 70/100 of a certain amount (referring to the average monthly amount of retirement pension paid to a company grade officer, warrant officer or noncommissioned officer pursuant to the Military Pension Act at the time the registered ex-prisoner of war dies) among the amount of monthly benefit as benefit for bereaved families to the spouse (excluding the spouse whom he/she has married after his/her escape from the place of detention) or under-age offspring (excluding the offspring born or adopted after his/her escape from the place of detention) who is supported by him/her at the time of his/her death.

(6) Where a person eligible for consolation benefits under paragraph (1) receives remuneration under Article 9 or benefits under the Military Pension Act or the Military Accident Compensation Act, the consolation benefits shall be reduced, and where a person eligible for consolation benefits under paragraph (5) receives benefits under the Military Pension Act or the Military Accident Compensation Act, the consolation benefits shall be reduced, and where a person eligible for consolation benefits under paragraph (5) receives benefits under the Military Pension Act or the Military Accident Compensation Act, the consolation benefits shall be reduced. <Amended on Dec. 10, 2019>

Article 12(Special Subsidy) #

(1) The Minister of National Defense may pay a special subsidy in accordance with the grade determined according to the utility value of the information provided or the equipment (including goods) brought by a registered ex-prisoner of war.

(2) Necessary matters concerning applications for payment of the special subsidy under paragraph (1), the criteria for, and the method of making the payment, and other relevant matters shall be prescribed by Presidential Decree.

Article 13(Housing Support) #

(1) The Minister of National Defense may provide housing support, such as support for deposit, etc., to registered ex-prisoners of war, as prescribed by Presidential Decree.

(2) No registered ex-prisoner of war who has been given housing support under paragraph (1) shall terminate a rental agreement for a house for which housing support has been given within two years from the date he/she reported change of address on the resident registration card without the permission of the Minister of National Defense, transfer a right to lease on a deposit basis or leasehold right (hereinafter referred to as "right to lease on a deposit basis, etc."), or take out a mortgage thereon.

(3) Applications for the registration of a right to lease on a deposit basis, etc. under paragraph (2) shall be filed by the Minister of National Defense on behalf of registered ex-prisoners of war. In such cases, the fact that transferring or mortgaging a right to lease on a deposit basis, etc. is prohibited shall be recorded on the applications for registration.

[This Article Wholly Amended on Mar. 22, 2013]

Article 14(Medical Support) #

The Minister of National Defense may provide medical support to registered ex-prisoners of war free of charge, as prescribed by Presidential Decree.

Article 15(Subsidies for Family Members of Prisoners of War from Place of Detention) #

(1) The Minister of National Defense may grant subsidies to family members of prisoners of war, who are registered pursuant to Article 6.

(2) Necessary matters concerning applications for payment of subsidies under paragraph (1), the criteria for, and the method of making the payment, and other relevant matters shall be prescribed by Presidential Decree.

Article 15-2(Subsidization of Expenses Incurred in Repatriating Remains of ROKAF Prisoners of War) #

(1) Where the family members of a prisoner of war repatriate the remains of the prisoner of war from the place of detention and buries the remains in the Republic of Korea, the Minister of National Defense may fully or partially subsidize expenses incurred in repatriating such remains. In such cases, the Minister of National Defense shall implement genetic testing of the remains of the ROKAF prisoner of war and the family members thereof in order to verify the identity of the remains of the ROKAF prisoner of war.

(2) The provisions of Article 6-3 (2) through (4) shall apply mutatis mutandis to the genetic testing implemented pursuant to the latter part of paragraph (1).

(3) Matters necessary for applications for subsidization under the former part of paragraph (1), standards for, methods of, payment thereof, etc. shall be prescribed by Presidential Decree.

[This Article Newly Inserted on Mar. 27, 2015]

[Previous Article 15-2 moved to Article 15-3 <on Mar. 27, 2015>]

Article 15-3(Support of Employment for Family Members of Prisoners of War from Places of Detention) #

In order to aid the family members of prisoners of war who return from the places of detention to settle down in the Republic of Korea, the Minister of National Defense may support them in finding employment, as prescribed by Presidential Decree.

[This Article Newly Inserted on Mar. 22, 2013]

[Moved from Article 15-2; previous Article 15-3 moved to Article 15-4 <on Mar. 27, 2015 ]

Article 15-4(Support for Admission to Ancient Palaces, etc.) #

(1) Registered ex-prisoners of war and family members of prisoners of war who have returned to the Republic of Korea from the places of detention may be allowed to enter facilities managed by the State or local governments, such as ancient palaces and parks, free of charge or at a discounted entrance fee.

(2) Matters necessary for determining those eligible for support for admission to facilities under paragraph (1), kinds of facilities, discount rate, etc. shall be prescribed by Presidential Decree.

[This Article Newly Inserted on Mar. 22, 2013]

[Moved from Article 15-3; previous Article 15-4 moved to Article 15-5 <on Mar. 27, 2015>]

Article 15-5(Preferential Treatment to ROKAF Prisoners of War) #

(1) The Minister of National Defense may give preferential treatment corresponding to the track records or degree of contribution during the duration of detention to registered ex-prisoners of war, ex-prisoners of war who returned, but died before registering pursuant to Article 6, and ROKAF prisoners of war who died before returning to Korea.

(2) Matters necessary for application and standards for preferential treatment under paragraph (1), methods thereof, etc. shall be prescribed by Presidential Decree.

[This Article Newly Inserted on Mar. 22, 2013]

[Moved from Article 15-2 <on Jul. 27, 2015>]

Article 16(Time of Accrual of Rights) #

An entitlement to receive treatment or support under this Act shall accrue from the month in which registration under Article 6 is confirmed.

Article 17(Protection of Rights) #

An entitlement to receive treatment or support under this Act shall not be transferred or offered to a third person as security, and no one may seize such entitlement.

Article 18(Prescription) #

Rights to compensation benefit under Article 11 (1) and to benefit for bereaved families under paragraph (5) of the same Article shall lapse on the expiration of limitation period, if such right is not exercised within three years from the date on which a ground for the payment thereof arises. <Amended on Mar. 22, 2013>

Article 19(Suspension and Resumption of Treatment or Support) #

(1) If a person to whom the treatment or support under this Act has been provided falls under any of the following cases, the Minister of National Defense may suspend such treatment or support:

1. If a sentence of imprisonment, with or without prison labor, for at least one year (including suspension of execution) imposed upon the person for committing any of the following crimes, becomes final and conclusive:

(a) A crime stipulated in any provision of Articles 3 through 12 of the National Security Act;

(b) A crime stipulated in any provision of Articles 10 through 18 of the Military Secret Protection Act;

(c) A crime stipulated in any provision of Articles 87 through 104 of the Criminal Act;

(d) A crime stipulated in any provision of Articles 5 through 17 of the Military Criminal Act;

2. If the person intentionally provides false information, in contravention of the national interest;

3. If the person tries to return to the place of detention.

(2) The Minister of National Defense shall suspend preferential treatment or support to a person who has received preferential treatment or support under this Act fraudulently or deceptively. <Newly Inserted on Mar. 27, 2015>

(3) If a person for whom treatment or support has been suspended pursuant to paragraph (1) falls under any of the following cases, the Minister of National Defense may resume treatment or support under this Act:

1. Where three years have passed since a sentence of imprisonment, for at least one year, with or without prison labor imposed upon the person pursuant to paragraph (1) 1, was completely executed or finally discharged;

2. Where a suspended sentence of imprisonment was imposed on the person pursuant to paragraph (1) 1, but the period of such suspended sentence of imprisonment has lapsed;

3. Where two years have passed since the date the relevant treatment or support was suspended in cases falling under paragraph (1) 2 or 3.

Article 19-2(Reporting to National Assembly) #

(1) In addition to reporting on the basic policies, the Minister of National Defense shall annually report the following matters concerning the resolution of the problem of ROKAF prisoners of war to the regular session of the National Assembly, in addition to reporting on the basic policies:

1. Actual status of living of ROKAF prisoners of war who have or have not been repatriated;

2. Results of promotion of repatriation of ROKAF prisoners of war and measures for improvement;

3. Status of treatment and support for ROKAF prisoners of war;

4. Other matters that the Minister of National Defense deems necessary for resolving the problems of ROKAF prisoners of war.

(2) The National Assembly may, if necessary, recommend correction or improvement of the Government's report under paragraph (1).

[This Article Newly Inserted on Jan. 16, 2024]

Article 20(Penalty Provisions) #

(1) When a person who participates or has participated in the repatriation of ROKAF prisoners of war or family members of prisoners of war from the places of detention receives money or property benefits, or makes a third party receive money or property benefits, by deceiving or intimidating the ROKAF prisoners of war, family members of prisoners of war from the places of detention or relatives thereof or by using other fraudulent means, he/she shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding 100 million won. <Newly Inserted on Mar. 22, 2013; Apr. 23, 2019>

(2) Any person who receives treatment or support under this Act or makes a third person receive treatment or support under this Act by deceit or other fraudulent means shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. <Amended on Apr. 23, 2019>

(3) Any person who leaks personal information of ROKAF prisoners of war or family members of prisoners of war from the places of detention, in violation of Article 5-2 (2), shall be punished by imprisonment with or without labor for not more than three years or by a fine not exceeding 30 million won. <Newly Inserted on Mar. 22, 2013; Apr. 23, 2019>

(4) Property or property benefits obtained by an act prescribed in paragraphs (1) and (2) shall be confiscated. If confiscation is not possible, an amount equivalent to the value thereof shall be collected as a penalty. <Amended on Mar. 22, 2013>

(5) Any person who attempts to commit an offense under paragraphs (1) and (2) shall be punished. <Amended on Mar. 22, 2013>