Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on Compensation to Persons Who Performed Special Missions to Inhibit the Deportation of Korean Residents in Japan to North Korea and matters necessary for the enforcement thereof.
Article 2(Composition and operation of the Deliberation Committee for Compensation for Persons Who Performed Special Missions) #
(1) Members of the Deliberation Committee for Compensation for Persons Who Performed Special Missions (hereinafter referred to as the "Committee") established under Article 3 of the Act on Compensation to Persons Who Performed Special Missions to Inhibit the Deportation of Korean Residents in Japan to North Korea (hereinafter referred to as the "Act") shall be commissioned or appointed by the Minister of the Interior and Safety from among persons with extensive knowledge of and experience in police administration and compensation, etc. and public officials at the director-general level or higher belonging to the Ministry of the Interior and Safety or the Korean National Police Agency, and a majority of the members shall be civilians. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(2) The Minister of the Interior and Safety shall appoint the chairperson of the Committee (hereinafter referred to as the "chairperson") from among its members. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(3) The chairperson shall represent the Committee and exercise general supervision over its affairs.
(4) 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.
(5) Each civilian member shall hold office for a term of 1 year and may be reappointed only once.
(6) A majority of the members of the Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present.
Article 3(Matters subject to deliberation and resolution by the Committee) #
"Matters prescribed by Presidential Decree" in Article 3(1)4 of the Act means the following:
1. Determination of the payment rate for special compensation under Article 6(1) and the Appendix;
2. Reduction of basic compensation, death solatium, and inmate solatium under Article 6(2);
3. Other important matters related to compensation, etc., which are referred by the chairperson to the Committee.
Article 4(Clerical personnel of the Committee) #
(1) The Committee shall have 1 executive secretary and other necessary staff to handle its administrative affairs.
(2) The chairperson shall appoint the executive secretary from among public officials of the Korean National Police Agency.
(3) The executive secretary shall handle the affairs of the Committee under the order of the chairperson, and may attend and speak at a meeting of the Committee.
(4) Public officials dispatched from the relevant central administrative agencies or contract employees may be assigned to the Committee pursuant to paragraph (1).
Article 5(Allowances) #
(1) Allowances may be paid to members who attend a meeting of the Committee 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) A witness or a person for reference who has appeared before a Committee meeting may be reimbursed for travel expenses and actual expenses pursuant to Article 15 of the Act, within the budget.
Article 6(Compensation and solatium) #
(1) Compensation under Article 4(1) of the Act shall be classified into basic compensation and special compensation and paid accordingly, and solatium under Article 4(2) of the Act shall be paid separately either as bereavement solatium paid to the survivors of a person who died or disappeared in the course of performing special missions, or as inmate solatium paid to a person arrested or punished abroad (referring to his or her survivors where he or she died) in the course of performing special missions, and the detailed standards therefor shall be as specified in the Appendix.
(2) For those who are confirmed by the Committee to have received a certain amount of money from the State in the name of family living support expenses during the period defined in subparagraph 1 of Article 2 of the Act among those who performed special missions, the basic compensation may be reduced by the amount converted into the present value of that amount, and for those who are confirmed by the Committee to have received a certain amount of money from the State in the name of for damages for death, disappearance, or imprisonment during the period, bereavement or inmate solatium may be reduced by the amount converted into the present value of that amount.
Article 7(Calculation of mission duration) #
(1) The mission duration of persons who performed special missions shall be the number of months from the month in which the first education and training session related to the special mission commenced to the month in which the first special mission was completed (hereinafter referred to as "date of termination of the special mission").
(2) The date of termination of the special missions shall be as follows:
1. In the case of a person who returned to the Republic of Korea under an evacuation order after being dispatched abroad and performing special missions, or who returned following the complete execution of his or her sentence upon arrest, the date of his or her return to the Republic of Korea; provided, where he or she returned beyond the period defined in subparagraph 1 of Article 2 of the Act, the last day of the period;
2. In the case of a person who failed to return home and remained at the place of landing despite an evacuation order after landing, the last day of the period defined in subparagraph 1 of Article 2 of the Act;
3. Where he or she died or disappeared while performing special missions, the date he or she was confirmed dead or disappeared;
4. In the case of a person who was not dispatched after completing education for the performance of special missions or who failed to land after being dispatched and then returned to the Republic of Korea, the date an evacuation order was issued.
(3) Notwithstanding paragraph (2), if the mission duration is less than 1 year as the special mission was completed due to reasons not attributable to the person who performed special missions, the mission duration shall be deemed 1 year.
Article 8(Calculation of period of imprisonment) #
The service period of a person arrested or punished in the course of performing special missions shall be the number of days from the date of the first arrest while performing the missions after the dispatch for the performance of special missions to the date of the actual repatriation in accordance with the decision of forced repatriation.
Article 9(Application for payment of compensation) #
(1) A person who performed special missions or his or her survivor who intends to apply for the payment of compensation, etc. pursuant to Article 6 of the Act (hereinafter referred to as "applicant") shall submit the relevant application for the payment of compensation, etc. in Forms 1 through 3 to the Committee, along with the following documents; provided, if the applicant is unable to directly apply for and receive compensation, etc. due to emigration, hospitalization, detention, or other unavoidable reasons, he or she may appoint an agent to act on his or her behalf:
1. A special mission execution report specified in Form 4;
2. The following documents, if the application is filed by the survivor of a person who performed special missions:
a. One copy of a certificate of family relations records or 1 certified copy of archived family register;
b. One copy each of a letter of selection of the representative of the survivors and a certificate of the seal impression of the delegating person specified in Form 5 (only applicable where the representative of the survivors is selected);
c. A signature of multiple applicants specified in Form 6 (limited to where at least 2 survivors apply without selecting a representative);
3. One copy of a power of attorney for receipt of compensation, etc. in Form 7 verified by any of the following persons, if the application is filed by an agent appointed:
a. In the case of a stay abroad, the head of a diplomatic mission abroad;
b. In the case of hospitalization, the head of the relevant medical institution;
c. In the case of a confinement in correctional institution, etc. the head of the institutional corrections facility;
d. In other cases, the head of an Eup/Myeon/Dong;
4. One copy of other evidentiary materials (only applicable where such materials exist) to substantiate the grounds for the application.
(2) Upon receipt of an application for the payment of compensation, etc. under paragraph (1), the Committee shall require the applicant or his or her agent to supplement the application if the relevant documents referred to in the subparagraphs of paragraph (1) are not attached.
(3) Upon receipt of an application for payment under paragraph (1), the Committee shall verify a certified copy of the resident registration card of the applicant or his or her agent through administrative data matching under Article 36(1) of the Electronic Government Act; provided, if the applicant or his or her agent does not consent to the verification, the Committee shall require the applicant or his or her agent to attach it.
Article 10(Decision on compensation) #
When the Committee has made a decision on compensation, it shall prepare a written decision on compensation specified in Form 8 stating the following matters, and all members present at the Committee shall affix their signatures, or write their names and affix their seals, thereon:
1. The name, address, and resident registration number of the applicant;
2. Text of decision;
3. Reasons;
4. Date of decision.
Article 11(Service of written decision) #
When the Committee has made a decision on compensation, it shall keep the original copy of the written decision on compensation, and shall deliver 2 original copies of the written decision and a notice of the decision on compensation specified in Form 9 or 10 to the applicant; provided, if the applicant's agent files an application, the documents listed above shall be delivered to the agent, and a certified copy of the written decision on compensation shall be served on the applicant.
Article 12(Application for re-deliberation) #
A person who intends to apply for re-deliberation pursuant to Article 9 of the Act shall submit an application for re-deliberation specified in Form 11 to the Committee, along with materials evidencing the grounds for re-deliberation.
Article 13(Consent and request for payment) #
If an applicant or his or her agent who has received a notice of decision on compensation pursuant to Article 11 intends to receive compensation, etc. by consenting to the decision by the Committee, he or she shall submit a written request for payment of compensation specified in Form 12 to the Committee, along with the following documents. In such cases, the Committee shall verify a certified copy of the resident registration card of the applicant or his or her agent through administrative data matching under Article 36(1) of the Electronic Government Act, and if the applicant or his or her agent does not agree to such verification, the Committee shall require the attachment of the following documents:
1. One authentic copy of the written decision on compensation;
2. One copy of a certificate of seal impression of the applicant and his or her agent classified as follows (only applicable to those issued within the last 3 months from the date of submission):
a. If there are at least 2 applicants, a certificate of seal impression for each applicant;
b. If the applicant is a minor, a certificate of his or her legal representative's seal impression;
c. If the agent intends to receive compensation, etc., a certificate of the seal impressions of the applicant and the agent;
3. If the agent intends to receive compensation, etc., a power of attorney certifying his or her authority to receive compensation, etc.
Article 14(Institutions paying compensation) #
Compensation, etc. determined by the Committee shall be paid by the Committee, but the processing of such payment may be entrusted to the Bank of Korea (including the National Treasury Agency).
Article 15(Timing of compensation payment) #
Compensation, etc. shall be paid within 30 days from the date of receipt of a request for payment under Article 13:
Article 16(Restrictions on payment of compensation) #
(1) If a person who performed special missions or his or her survivor has received or is currently receiving compensation under other statutes for the same reason pursuant to Article 18 of the Act, he or she shall be paid only the amount calculated by subtracting the present value of the amount already paid from the amount of compensation, etc. calculated under this Act.
(2) If the amount already paid under paragraph (1) is converted into the current value pursuant to paragraph (1), it shall be calculated by using the Consumer Price Index, etc. publicly notified by the Minister of Data and Statistics each year pursuant to subparagraph 2 of Article 3 of the Statistics Act. <Amended on Oct. 1, 2025>
Article 17(Public announcement) #
The chairperson shall publish the following matters relating to the application for compensation in the Official Gazette within 60 days from the date this Decree enters into force and publicly announce them on the website of the Korean National Police Agency for at least 20 days:
1. Eligibility for compensation;
2. Qualifications of applicants;
3. Agency receiving applications;
4. Application period;
5. Standards for calculating compensation, etc.;
6. Deliberation and decision procedures;
7. Required documents;
8. Other matters necessary for the application and payment.
Article 18(Processing of personally identifiable information) #
The Committee may process resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if unavoidable to perform the following affairs:
1. Decision on payment of compensation, etc. under Article 7 of the Act;
2. Service of written decisions under Article 8 of the Act;
3. Re-deliberation under Article 9 of the Act;
4. Payment of compensation, etc. under Article 10 of the Act.
Article 19(Detailed operating rule) #
Matters necessary for the enforcement of this Decree shall be determined by the chairperson following a resolution by the Committee.