Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Special Act on Support for the Acquisition of Legitimate Residency Status and Settlement of Koreans in the Former Soviet Union and matters necessary for the enforcement thereof.
Article 2(Application by related organizations for assistance) #
(1) An organization related to Koreans in the former Soviet Union (hereinafter referred to as “organization”) seeking assistance under Article 7(2) of the Special Act on Support for the Acquisition of Legitimate Residency Status and Settlement of Koreans in the Former Soviet Union (hereinafter referred to as the “Act”) shall submit an application for the payment of subsidies for organizations related to Koreans in the former Soviet Union in Form 1 to the Commissioner of the Overseas Koreans Agency by December 31 of each year, along with the following documents; in such cases, an overseas organization shall submit such application through the head of the competent diplomatic mission abroad of the Republic of Korea (hereinafter referred to as the “head of the diplomatic mission abroad”): <Amended on Apr. 5, 2023>
1. A project plan in Form 2 (including an income and expenditure budget and a financing plan);
2. A survey on the current status of the organization in Form 3 (including an introduction to the organization, such as its articles of association, history, status of executive officers, and records of projects and activities).
(2) Upon receipt of an application for the payment of subsidies for organizations related to Koreans in the former Soviet Union under the latter part of paragraph (1), the head of the diplomatic mission abroad shall forward the application to the Commissioner of the Overseas Koreans Agency, along with his or her review opinion on the feasibility, etc. of the relevant project. <Amended on Apr. 5, 2023>
Article 3(Determination of whether to provide assistance) #
(1) Upon receipt of an application for assistance under Article 2, the Commissioner of the Overseas Koreans Agency shall determine whether to provide assistance by comprehensively taking into account the following (subparagraph 5 shall apply only to organizations that have received subsidies under Article 4 and have been evaluated under Article 5(3)); in such cases, the Commissioner shall ensure that such assistance does not overlap with assistance provided under projects implemented by other central administrative agencies: <Amended on Apr. 5, 2023>
1. Importance of the project;
2. Feasibility and expected effects of the project;
3. Appropriateness of the details of the budget requested;
4. Expertise, accountability, and other relevant factors of the organization;
5. Evaluation under Article 5(3).
(2) If necessary for determining whether to provide assistance under paragraph (1), the Commissioner of the Overseas Koreans Agency may seek opinions from relevant institutions or experts. <Amended on Apr. 5, 2023>
Article 4(Payment of subsidies) #
(1) When the Commissioner of the Overseas Koreans Agency decides to pay subsidies, the Commissioner shall notify the organization eligible for subsidies of the amount of subsidies, the method and timing of payment, and other necessary matters and shall pay the subsidies at an appropriate time in accordance with the project plan through the head of the diplomatic mission abroad or directly to the organization. <Amended on Apr. 5, 2023>
(2) An organization that has received subsidies shall manage such subsidies by establishing a separate account and shall not use it for purposes other than those for which it was provided.
Article 5(Supervision of use of subsidies) #
(1) An organization that has received subsidies under Article 4 shall submit a report on the project results including the following to the Commissioner of the Overseas Koreans Agency within 30 days after completion of the relevant project; in such cases, an overseas organization shall submit such report through the head of the competent diplomatic mission abroad: <Amended on Apr. 5, 2023>
1. Results of the project implementation;
2. Details of the use of the subsidies;
3. Self-evaluation of the project.
(2) Upon receipt of a report on the project results under the latter part of paragraph (1), the head of the diplomatic mission abroad shall forward the report to the Commissioner of the Overseas Koreans Agency, along with his or her review opinion on the report. <Amended on Apr. 5, 2023>
(3) The Commissioner of the Overseas Koreans Agency shall evaluate the project of the relevant organization based on the report on the project results and the review opinion received under paragraphs (1) and (2). <Amended on Apr. 5, 2023>
(4) If deemed necessary for supervising the use of subsidies, the Commissioner of the Overseas Koreans Agency may issue necessary instructions to an organization that has received subsidies, including requesting the submission of relevant documents and account books; provided, in cases of overseas organizations, the Commissioner may authorize the head of the diplomatic mission abroad to issue such instructions. <Amended on Apr. 5, 2023>
Article 6(Amendment of project plans) #
(1) An organization intending to amend a project plan for which the provision of subsidies has been determined under Article 3(1) shall submit an amended project plan in Form 2 (including an income and expenditure budget and a financing plan) to the Commissioner of the Overseas Koreans Agency. In such cases, an overseas organization shall submit such plan through the head of the competent diplomatic mission abroad. <Amended on Apr. 5, 2023>
(2) Upon receipt of an application for amendment of a project plan under paragraph (1), the Commissioner of the Overseas Koreans Agency shall redetermine whether to provide assistance under Article 3. <Amended on Apr. 5, 2023>
(3) An organization that has received subsidies or has been notified of the decision to pay subsidies under Article 4 shall notify the Commissioner of the Overseas Koreans Agency without delay when any of the following grounds arise; in such cases, an overseas organization shall do so through the head of the competent diplomatic mission abroad: <Amended on Apr. 5, 2023>
1. Where there is a change in the name of the organization, the location of its office, its rules or articles of association, or its executive officers;
2. Where the project is suspended or discontinued;
3. Where the organization is dissolved.
Article 7(Suspension of payment and recovery of subsidies) #
When an organization that has received subsidies or has been notified of the decision to pay subsidies under Article 4 is deemed to fall under any of the following, the Commissioner of the Overseas Koreans Agency may suspend the payment of all or part of the subsidies or recover all or part of the subsidies already paid; provided, in the case of subparagraph 1 or 2, the entire amount of subsidies paid under Article 4 shall be recovered with interest: <Amended on Apr. 5, 2023>
1. Where the organization received the subsidies by fraud or other improper means;
2. Where the organization used the subsidies for purposes other than the intended purpose;
3. Where the organization suspended all or part of the project;
4. Where the project has been discontinued or it is deemed impossible to achieve the purpose of the payment of the subsidies;
5. Where there are other substantial reasons to determine that the suspension of the payment of the subsidies is necessary.
Article 8 #
Deleted. <Apr. 5, 2023>
Article 9 #
Deleted. <Apr. 5, 2023>