Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on Compensation and Assistance to Victims of Abduction by North Korea after Conclusion of the Military Armistice Agreement and matters necessary for the enforcement thereof.
Article 2(Matters to be deliberated and resolved by Deliberative Committee on Compensation and Assistance to Victims of Abduction by North Korea) #
"Matters prescribed by Presidential Decree" in subparagraph 6 of Article 6 of the Act on Compensation and Assistance to Victims of Abduction by North Korea after Conclusion of the Military Armistice Agreement (hereinafter referred to as the "Act") means the following:
1. Matters concerning the operation of subcommittees under Article 4(5);
2. Matters concerning the recusal of a member under Article 6(2);
3. Matters concerning the reduction of consolation money, etc. and the exclusion from payment under Article 22;
4. Other matters referred to a meeting by the chairperson (hereinafter referred to as "chairperson") of the Deliberative Committee on Compensation and Assistance to Victims of Abduction by North Korea (hereinafter referred to as the "Committee") with respect to a determination on the payment of consolation money, etc. and on the provision of protection.
Article 3(Composition of Committee) #
(1) The chairperson shall convene and preside over the Committee’s meetings.
(2) Where the chairperson is unable to perform his or her duties for any unavoidable reason, a member designated by the chairperson in advance shall act on behalf of the chairperson.
(3) The Committee shall prepare its meeting minutes, with the name, seal, and signature of the chairperson affixed thereon.
Article 4(Composition and operation of subcommittee) #
(1) The following subcommittees may be established under the Committee to conduct a sectoral review of the matters to be deliberated on by the Committee in advance:
1. A subcommittee for the investigation and examination of damage caused by abduction to North Korea, established to handle the affairs referred to in subparagraphs 1, 4, and 5 of Article 6 of the Act;
2. A subcommittee for the calculation of damage caused by abduction to North Korea, established to handle the affairs referred to in subparagraphs 2 and 3 of Article 6 of the Act.
(2) The subcommittee for the calculation of damage caused by abduction to North Korea under paragraph (1)2 shall include at least one member who is qualified as a medical specialist under Article 77 of the Medical Service Act.
(3) The chairperson of each subcommittee shall be appointed by the chairperson of the Committee from among the members of the relevant subcommittee.
(4) Each subcommittee member shall hold office for a term of two years and may serve for further terms.
(5) The chairperson shall determine matters necessary for the operation of each subcommittee after resolution thereon by the Committee.
Article 5(Allowances for members) #
(1) A Committee member or a subcommittee member who has attended a meeting of the Committee or the subcommittee may be paid allowances and reimbursed with travel expenses within the budget; provided, this shall not apply where a member who is a public official attends such meeting in direct connection with his or her work.
(2) A person who attends a meeting of the Committee or any subcommittee to make statements, give testimony or submit data pursuant to Article 23(6) of the Act may be reimbursed with travel expenses and actual expenses within the budget.
Article 6(Exclusion of, challenge to, or recusal of, member) #
(1) A member (including a subcommittee member; hereafter in this Article, the same shall apply) of the Committee (including a subcommittee; hereafter in this Article, the same shall apply) shall be excluded from deliberations and resolutions by the Committee, in any of the following cases:
1. Where the member is, or was, a relative (referring to a relative under Article 777 of the Civil Act) of the relevant abductee or the relevant applicant;
2. Where the member has given testimony or expert opinion with regard to the relevant application;
3. Where the member is, or has been, involved in the abduction or return of the relevant applicant;
4. Where the member is, or has been, involved as a representative of the relevant applicant;
5. Where the member is, or has been, involved in any investigation or trial in relation to the relevant application.
(2) If the circumstances indicate that it would be impracticable to expect fair deliberations and resolutions by a member, any applicant may file a motion for challenge to the member with the Committee. In such cases, where the Committee deems the challenge justified, it shall render a decision for challenge with the concurring vote of a majority of its members present.
(3) In cases falling under any subparagraph of paragraph (1), or paragraph (2), the relevant member may recuse himself or herself from deliberation and resolution on the case in question.
Article 6-2(Removal or dismissal of members) #
Where any member referred to in Article 7(1) of the Act falls under any of the following subparagraphs, the Minister of Unification may remove or dismiss such member: <Amended on Jan. 7, 2020>
1. Where the member becomes unable to perform his or her duties due to a mental or physical disorder;
2. Where the member commits misconduct in connection with his or her duties;
3. Where the member is deemed unsuitable as a member due to neglect of duty, injury to dignity, or any other reason;
4. Where the member fails to recuse himself or herself, despite falling under any of the subparagraphs of Article 6(1);
5. Where the member voluntarily expresses that it is difficult to perform his or her duties.
[This Article Added on May 10, 2016]
Article 7(Executive secretary) #
(1) The Committee shall have one executive secretary pursuant to Article 7(6) of the Act, who shall be appointed by the chairperson on the recommendation of the Minister of Unification from among public officials in general service of the Senior Executive Service of the Ministry of Unification.
(2) The executive secretary may handle the business affairs of the Committee and attend its meetings to state his or her opinion.
[This Article Wholly Amended on Oct. 26, 2011]
Article 8(Standards for payment of settlement benefits) #
(1) Settlement benefits under Article 8(1) of the Act, including the following basic and additional benefits, may be paid not to exceed the amount 200 times the monthly-converted minimum wage publicly notified pursuant to Article 10(1) of the Minimum Wage Act (hereinafter referred to as "monthly minimum wage") at the time the payment of settlement benefits is determined:
1. Basic benefits shall be paid individually to an abductee who returned to South Korea, which shall not exceed the amount 100 times the monthly minimum wage;
2. Additional benefits shall be determined, not to exceed the amount 100 times the monthly minimum wage, in consideration of the age, health conditions, work ability, etc. of a person who returned to South Korea.
(2) Settlement benefits shall be paid in a lump sum, but may be paid in installments at the request of an abductee who returned to South Korea.
Article 9(Application for preferential payment of settlement benefits) #
(1) If deemed unavoidable for helping an abductee who fled North Korea to return to South Korea, the Committee may preferentially pay some of the basic benefits prescribed in Article 8(1)1 after deliberation.
(2) A person who intends to preferentially receive settlement benefits pursuant to paragraph (1) shall submit, to the Committee, an application for the preferential payment of settlement benefits in attached Form 1 and the applicant’s certificate of records of family relations, and where a person other than an abductee files an application on behalf of the abductee, documents proving the relationship with the abductee and a power of attorney for receiving consolation money, etc. in attached Form 5 shall also be submitted. In such cases, only the family members of the abductee shall apply for and receive settlement benefits on behalf of the abductee, but where no family member exists, a person recognized by the Committee may act for the abductee. <Amended on Nov. 2, 2010; Jun. 17, 2013>
(3) Upon receipt of an application under paragraph (2), the Committee shall verify the applicant’s certified copy of resident registration card through administrative data matching under Article 36(1) of the Electronic Government Act; provided, where the applicant does not consent to the verification, the Committee shall require the applicant to attach the relevant document. <Amended on May 3, 2010; Nov. 2, 2010>
Article 10(Amount of consolation money) #
(1) The amount of consolation money to be paid under Article 9(2) of the Act shall be calculated by multiplying the monthly minimum wage by the period of abduction to North Korea, which shall not exceed the amount 36 times the monthly minimum wage at the time the payment is determined; provided, where a person entitled to such payment is aged 65 years or older at the time the payment is determined, a 10 percent of such amount may be added and paid.
(2) The period of abduction to North Korea under paragraph (1) shall be calculated on a yearly basis, but in cases of less than one year’s duration, such period shall be converted into months (15 days or more shall be calculated as one month) and then divided by 12 to be re-converted on a yearly basis.
Article 11(Application of average wage) #
(1) In the absence of evidential data on the average wage under Article 10(3) of the Act, the average wage shall be set at the monthly wage or daily wage taken from the nationwide statistics for men and women by type of occupation, surveyed by a wage survey institution which publishes wage statistics periodically at least once a year; provided, in the absence of such nationwide statistics, the daily wage taken from the regional statistics of the Special Metropolitan City, a Metropolitan City, a Do, or a Special Self-Governing Province having jurisdiction over the place of domicile at the relevant time shall be used.
(2) The monthly wage or daily wage for calculating the average wage under paragraph (1) shall be determined based on the statistics taken from the report on wage structure survey published by the Ministry of Employment and Labor; in the absence of the statistics on wage structure, the statistics on construction labor costs released by the Ministry of Data and Statistics shall be used; and in the absence of the statistics on construction labor costs, the monthly wage or daily wage of ordinary male and female workers surveyed in a reliable manner shall be used; provided, the minimum wage floor shall be set at the average wage for men and women across all industries in 1972, which is taken from the statistics in the survey report on wage practices by type of occupation published by the Ministry of Employment and Labor. <Amended on Jul. 12, 2010; Oct. 1, 2025>
Article 12(Deduction of living expenses) #
In calculating compensation, living expenses equivalent to 1/3 of the amount of monthly wage, the monthly net income, or the average wage shall be deducted pursuant to Article 10(4) of the Act.
Article 13(Adjusted payment of compensation) #
(1) The adjusted payment of compensation under Article 10(5) of the Act shall be limited to where the compensation referred to in Article 10(1)1 or 2b of the Act falls short of the compensation to be adjusted and paid.
(2) The compensation to be adjusted and paid pursuant to paragraph (1) shall be the amount obtained by multiplying the monthly minimum wage at the time the Committee determines the adjusted payment by both the Hoffman coefficient under Appendix 1 and the rate of loss of labor capacity under Appendix 2 of the Enforcement Decree of the State Compensation Act. In such cases, the statutory interest rate under Article 10(1) of the Act and the deduction of living expenses under Article 10(4) of the Act shall not apply.
Article 14(Medical allowances) #
Medical allowances to cover the future medical expenses, nursing expenses, expenses for purchasing assistive devices for persons with disabilities, etc. pursuant to Article 11(1) of the Act shall be calculated as follows: <Amended on Jul. 2, 2019; Oct. 1, 2025>
1. The future medical expenses shall be calculated based on a written estimate of medical expenses issued by a national general hospital, a hospital attached to a medical college (excluding branches), or a hospital designated by the Committee (hereinafter referred to as "designated hospital, etc."); provided, where a designated hospital, etc. recognizes the need for the future medical expenses but it cannot estimate such future medical expenses, the amount shall be determined by the Committee, in consideration of the opinions of the subcommittee for the calculation of damage caused by abduction to North Korea and the future medical expenses of the similar cases;
2. Where it is deemed that a victim of abduction by North Korea who is cured but left with physical disability needs to be accompanied for mobility support based on a medical certificate issued by a designated hospital, etc., the nursing expenses shall be the amount obtained by multiplying the amount determined in consideration of the opinions of the subcommittee for the calculation of damage caused by abduction to North Korea, not exceeding the amount of nursing allowances under Article 26 of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State, by the average remaining life expectancy for men and women periodically announced by the Ministry of Data and Statistics (hereinafter referred to as "average remaining life expectancy") as of the date the Act enters into force;
3. Where it is deemed that a victim of abduction by North Korea needs to wear assistive devices for persons with disabilities based on a medical certificate issued by a designated hospital, etc., the expenses for purchasing the assistive devices for persons with disabilities shall be the amount obtained by multiplying the price of the devices by the number of times the purchase during the average remaining life expectancy is recognized as necessary, depending on the usable period of such assistive devices for persons with disabilities.
Article 15(Application for payment of consolation money) #
(1) A person who intends to apply for the payment of settlement benefits, consolation money, compensation, or medical allowances (hereinafter referred to as "consolation money, etc.") pursuant to Article 12 of the Act shall submit one copy of each of the following documents to the Committee: <Amended on Nov. 2, 2010; Jun. 17, 2013; Jul. 2, 2019>
1. An application for the payment of settlement benefits in attached Form 2 (a) (for an abductee who returned to South Korea), an application for the payment of consolation money in attached Form 2 (b), an application for the payment of compensation and medical allowances in attached Form 2 (c) (for an injured person), or an application for the payment of compensation in attached Form 2 (d) (for the dead);
2. A statement containing the detailed information regarding abduction, return, injury or death in attached Form 3;
3. A document on the selection of a representative of bereaved family members in attached Form 4 and a copy of a delegated person’s resident registration certificate or another identification card issued by a public institution, with which his or her identity and address can be verified (limited to where a representative of bereaved family members is selected);
4. A power of attorney for receiving compensation, etc. in attached Form 5 (limited to where an application is filed by a proxy for any unavoidable reason);
5. A certificate of records of family relations of an abductee;
6. In cases of an abductee whose primary source of income was wages, his or her employment and monthly wage certificates (limited to where an abductee applies for consolation money, compensation, or medical allowances);
7. In cases of an abductee who was a business income earner, his or her occupation certificate, and certificate of the monthly net income (limited to where an abductee applies for consolation money, compensation, or medical allowances);
8. Other evidential data substantiating the grounds for the application.
(2) Where there are at least two property inheritors of the same priority from among the bereaved family members of a dead, missing or injured person who apply for and receive compensation under paragraph (1), a representative of the bereaved family members shall be selected as specified in a document on the selection of a representative of bereaved family members in attached Form 4; provided, this shall not apply where it is impossible for the property inheritors of the same priority to reach an agreement. <Amended on Jul. 2, 2019>
Article 16(Determination on payment) #
(1) Where the Committee determines the payment of consolation money, etc. the amount, or the provision of protection or support, the details thereof pursuant to Article 14(1) of the Act, it shall prepare a written determination on payment in attached Form 6, which contains the following information:
1. Name, address, and resident registration number of the applicant;
2. Text of the determination;
3. Reason;
4. Date of the determination.
(2) A written determination on payment under paragraph (1) shall be signed and sealed by the members who attend a meeting of the Committee.
Article 17(Notice) #
Where the Committee determines the payment of consolation money, etc., it shall keep the original copy of the written determination on payment, and serve the applicant two authenticated copies of the written determination on payment and the notice of determination on payment in attached Form 7, and where the applicant has any representative, the representative shall be served those copies, and one certified copy of the written determination on payment shall be served on the applicant. In such cases, the original copy of the written determination on payment may be kept in electronic or digitized documents under Article 5 of the Framework Act on Electronic Documents and Transactions. <Amended on Nov. 12, 2024>
Article 18(Application for re-deliberation) #
A person who intends to apply for re-deliberation pursuant to Article 16 of the Act shall submit the following documents to the Committee: <Amended on Jun. 17, 2013>
1. An application for re-deliberation in attached Form 8;
2. One copy of a diagnostic certificate of physical (mental) disability in attached Form 9, issued by a designated hospital, etc. (limited to where an objection to the determination of the degree of disability is raised);
3. One copy of a power of attorney for receiving consolation money, etc. in attached Form 5 (limited to where an application is filed by a proxy for any unavoidable reason);
4. One copy of evidential data substantiating the grounds for re-deliberation.
Article 19(Consent and application for payment) #
An applicant who intends to receive consolation money, etc. pursuant to Article 17(1) of the Act shall submit, to the Committee, a written consent and application for payment in attached Form 10, accompanied by the following documents: <Amended on Jan. 26, 2010>
1. One authentic copy of the written determination on payment;
2. One copy of the applicant's resident registration certificate or other identification card issued by a public institution, with which his or her identity and address can be verified;
3. One copy of a transaction account book of a financial institution through which consolation money, etc. can be paid.
Article 20(Payment agency) #
The Committee shall pay consolation money, etc. but may entrust the Treasury (including the Treasury agencies) with the relevant administrative affairs.
Article 21(Timing of payment) #
Consolation money, etc. shall be paid within 15 days from the date an application for payment is filed under Article 19.
Article 22(Grounds for reduction of consolation money, such as prevailing social norms) #
(1) The Committee may exclude any of the following persons from those entitled to consolation money or may reduce the amount of consolation money pursuant to Article 21 of the Act:
1. A person who has evaded the responsibility of providing for the family members of the victim of abduction by North Korea;
2. A person who has caused the dissolution of family ties.
(2) The Committee may reduce some of the basic benefits referred to in Article 8(1)1 payable to any of the following persons pursuant to Article 21 of the Act:
1. A person who had illegally entered a North Korea territory before he or she was abducted by North Korea;
2. A person who persuaded other persons to remain together in North Korea;
3. A person who actively cooperated for the North Korean regime while residing in North Korea.
(3) The specific criteria for reduction under paragraph (2) shall be as specified in Appendix 2.
(4) Where an applicant has already received reparations or compensation pursuant to other statutes, the Committee shall subtract such reparations or compensation when paying consolation money, etc.
Article 23(Application for permission for for-profit business) #
Where an organization referred to in Article 29 of the Act intends to obtain permission for for-profit and incidental business (hereinafter referred to as "for-profit business, etc.") pursuant to the proviso of paragraph (5) of that Article, it shall submit an application for permission for for-profit business, etc. in attached Form 11, accompanied by the following documents, to the Minister of Unification. The same shall also apply where the organization intends to change the permitted for-profit business, etc.:
1. One copy of a business plan;
2. One copy of an estimated income statement and specifications attached thereto;
3. One copy of a list of executive officers to be engaged in for-profit business, etc.;
4. In cases of for-profit business, etc. for which permission or approval, etc. is required pursuant to other statutes, one copy of each document evidencing the fact that such permission, approval, etc. is obtained.
[This Article Wholly Amended on Oct. 26, 2011]
Article 23-2(Processing of sensitive information and personally identifiable information) #
If unavoidable for conducting the following business affairs, the Committee may process data including information on health referred to in Article 23 of the Personal Information Protection Act, resident registration numbers, passport numbers, or alien registration numbers referred to in subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of that Act:
1. Business affairs related to the payment of settlement benefits under Article 8 of the Act;
2. Business affairs related to the payment of consolation money under Article 9 of the Act;
3. Business affairs related to the payment of compensation under Article 10 of the Act;
4. Business affairs related to the payment of medical allowances under Article 11 of the Act;
5. Business affairs related to deliberation and determination under Article 14 of the Act;
6. Business affairs related to re-deliberation under Article 16 of the Act;
7. Business affairs related to the payment of consolation money, etc. under Article 17 of the Act;
8. Business affairs related to the preferential payment of settlement benefits under Article 9.
[This Article Added on Jan. 6, 2012]
Article 23-3 #
Deleted. <Dec. 24, 2018>
Article 24(Criteria for imposition of administrative fines) #
The criteria for imposing administrative fines under Article 31 of the Act shall be as specified in Appendix 3.
[This Article Wholly Amended on Oct. 26, 2011]