Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on Inquiry into Human Rights Abuses Suffered by Persons Affected by Hansen's Disease and on Providing Assistance to Such Victims and matters necessary for the enforcement thereof. <Amended on Mar. 29, 2016>
Article 2(Composition of the Commission) #
(1) The relevant public officials who become members of the Commission for Inquiry into Human Rights Abuses Suffered by Persons Affected by Hansen's Disease (hereinafter referred to as the "Commission") pursuant to Article 3(3) of the Act on Inquiry into Human Rights Abuses Suffered by Persons Affected by Hansen's Disease and on Providing Assistance to Such Victims (hereinafter referred to as the "Act"), shall be appointed by the heads of the agencies to which they belong, from among members of the Senior Executive Service of the Ministry of Justice, the Ministry of the Interior and Safety, the Ministry of Health and Welfare, and the National Human Rights Commission, and public officials of Grade III or higher in Jeollanam-do. <Amended on Mar. 15, 2010; Mar. 23, 2013; Nov. 19, 2014; Mar. 29, 2016; Jul. 26, 2017; May 26, 2019; May 14, 2019>
(2) The term of office of a member who is not a public official shall be 2 years, and he or she may be reappointed only once; provided, the term of office of a member newly commissioned due to dismissal, etc. of a member shall be the remainder of his or her predecessor's term of office. <Amended on Mar. 29, 2016; May 14, 2019>
(3) If a member who is not a public official falls under any of the following subparagraphs, the Minister of Health and Welfare may dismiss the relevant member: <Added on Mar. 29, 2016; May 14, 2019>
1. Where the member is unable to perform duties due to a physical or mental disorder;
2. Where the member commits misconduct with regard to duties;
3. Where the member is deemed unfit for membership due to negligence, injury to dignity, or other grounds;
4. Where the member voluntarily expresses that performing further duties is impractical;
5. Where the member does not voluntarily recuse himself or herself from participating in proceedings, despite falling under any subparagraph of Article 2-2(1);
Article 2-2(Exclusion of, challenge to, or recusal of, a member) #
(1) If a member of the Commission (hereinafter referred to as "member") falls under any of the following subparagraphs, he or she shall be excluded from deliberation and resolution on the relevant agenda item:
1. Where the member, or his or her current or former spouse, becomes a party to the relevant agenda item or holds any right or duty jointly with the party to such item;
2. Where the member is, or was, a relative of a party to the relevant agenda item;
3. Where the member is or was involved in an investigation or trial on the relevant agenda item;
4. Where the member gives testimony or performs an appraisal on the relevant agenda item;
5. Where the member or a corporation, organization, etc. to which he or she belongs is or was an agent of a party to the relevant agenda item.
(2) If the circumstances indicate that it would be impracticable to expect fair deliberations and resolutions by a member, any party may file a motion for challenge to the member with the Commission, which then shall decide whether or not to accept the motion by referring the motion to the Commission for resolution. In such cases, the member challenged may not participate in the resolution.
(3) If the member meets the criteria for exclusion under any subparagraph of paragraph (1), he or she shall voluntarily recuse himself or herself from deliberation and resolution on the relevant agenda item.
[This Article Added on May 14, 2019]
Article 3(Duties of chairperson) #
(1) The chairperson of the Commission shall represent the Commission and exercise overall control of its business affairs.
(2) If the chairperson is unable to perform his or her duties due to any unavoidable reason, a member designated in advance by the chairperson shall act on his or her behalf.
Article 4(Meetings of the Commission) #
(1) The chairperson shall convene and preside over meetings of the Commission.
(2) A majority of the members of the Commission shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present.
Article 5(Executive secretary and staff of the Commission) #
(1) The Commission shall have 1 executive secretary and other necessary staff to handle the administrative affairs of the Commission.
(2) The executive secretary shall be appointed by the Minister of Health and Welfare from among public officials of the Ministry of Health and Welfare. <Amended on May 14, 2019>
(3) The executive secretary may handle the Commission's affairs under the order of the chairperson, and may attend and speak at a meeting of the Commission.
(4) Staff members to be assigned to the Commission pursuant to paragraph (1) may be recruited from among public officials dispatched from the relevant central administrative agencies or local governments and contract employees.
Article 6(Allowances) #
(1) Allowances may be paid to members who attend a meeting of the Commission within the budget; provided, this shall not apply where a member who is a public official attends a meeting in direct connection with his or her duties.
(2) Travel expenses and actual expenses may be paid to witnesses or persons for reference who attend meetings of the Commission within the budget.
Article 7(Medical subsidies) #
(1) Medical subsidies under the main clause of Article 9(1) of the Act shall be provided to victims requiring continuous medical treatment, constant care, or assistive devices due to human rights abuses, and the subsidy amount shall be calculated using the following methods: <Amended on Mar. 29, 2016; Jul. 2, 2019>
1. Medical expenses: The amount calculated based on a written estimate of medical expenses issued by a national general hospital, a hospital affiliated with a medical school, or a hospital designated by the Working Committee for Inquiry into Human Rights Abuses Suffered by Persons Affected by Hansen's Disease under Article 4 of the Act (hereinafter referred to as "designated hospital, etc."); provided, if the designated hospital, etc. acknowledges the need for future medical treatment but is unable to estimate the cost of treatment, the amount shall be determined by the Commission taking into account medical expenses in similar cases;
2. Home care expenses: The expenses shall be provided if a person has a permanent physical disability that renders independent mobility impracticable even after treatment, according to a medical certificate issued by a designated hospital, etc., and the payment standards shall be determined by the Committee in consideration of the Government's financial status, actual nursing care costs, and similar cases;
3. Expenses for purchasing assistive devices: Where it is recognized, based on a medical certificate issued by a designated hospital, etc., that a person needs to wear an assistive device, the amount shall be the market price multiplied by the number of purchases deemed necessary during the expected remaining lifetime in accordance with the usable period of the assistive device; provided, if the expected remaining lifetime is shorter than the usable period for a single use of the assistive device, such usable period shall be deemed the expected remaining lifetime.
(2) In calculating the amount of medical expenses and expenses for purchasing assistive devices under paragraph (1), interim interest shall be deducted by applying the simple discount method based on the statutory interest rate, and the expected remaining lifetime applied at the time of purchasing assistive devices shall be in accordance with the standards publicly notified by the Ministry of Data and Statistics. <Amended on Jul. 2, 2019; Oct. 1, 2025>
Article 8(Condolence payments) #
(1) Deleted. <Mar. 29, 2016>
(2) Condolence payments under the main clause of Article 9(1) of the Act shall be made monthly according to the Commission's decision based on the standard median income determined by the Minister of Health and Welfare pursuant to the National Basic Living Security Act. <Amended on Mar. 15, 2010; Nov. 30, 2015; Mar. 29, 2016>
[Title Amended on Mar. 29, 2016]
Article 9(Processing of sensitive information and personally identifiable information) #
The State, local governments, and the Commission may process data containing information on health under Article 23 of the Personal Information Protection Act and resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of that Act, if essential to perform the following affairs:
1. The Commission's deliberation and resolution under the subparagraphs of Article 3(2) of the Act;
2. Receipt of, and investigations into, reports of allegations of abuse under the subparagraphs of Article 4(2) of the Act;
3. Collection, analysis, investigation, management, etc. of materials related to human rights abuses suffered by persons affected by Hansen's disease under Articles 6 and 8(1)2 of the Act;
4. Payment of medical subsidies, etc. under Article 9 of the Act;
5. Recovery of medical subsidies, etc. under Article 11 of the Act.
[This Article Added on Dec. 27, 2012]