Article 1(Purpose) #
The purpose of this Decree is to prescribe matters delegated by the North Korean Human Rights Act and matters necessary for the enforcement thereof.
Article 2(Composition, Operation, etc. of North Korean Human Rights Advisory Committee) #
(1) Members of the North Korean Human Rights Advisory Committee (hereinafter referred to as the "Committee") referred to in Article 5 (2) of the North Korean Human Rights Act (hereinafter referred to as the "Act"), shall be commissioned by the Minister of Unification upon the recommendation of the National Assembly, from among any of the following persons who have abundant knowledge about, and experience in, protecting and promoting the human rights of North Koreans (hereinafter referred to as "improvement of human rights in North Korea"):
1. A person with at least ten years’ experience as at least an assistant professor or equivalent in a university, college or authorized research institute;
2. A person with at least ten years’ experience as a public official, judge, public prosecutor, or attorney-at-law;
3. A person with at least five years’ experience engaging in the activities related to the improvement of human rights in North Korea at any of the following institution or organization:
(a) A non-profit, non-governmental organization defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act (hereinafter referred to as "non-profit, non-governmental organization");
(b) A non-profit-making juristic person incorporated with the permission of the competent authority under Article 32 of the Civil Act;
(c) An international organization.
(2) The Minister of Unification may request the National Assembly to give due consideration as to whether the Committee members it recommends under paragraph (1), have personal experience in the status of human rights in North Korea and to their gender.
(3) The term of office of the Committee members shall be two years: Provided, That a member appointed to fill a vacancy occurring before the expiration of the term for which his/her predecessor was appointed, shall serve for the remainder of such term.
(4) The Minister of Unification may dismiss a Committee member from office, if:
1. The member becomes incapable of performing his/her duties due to a mental disorder;
2. The member engages in misconduct in connection with his/her duties;
3. The member is deemed unfit as a member due to neglect of a duty, loss of dignity, or on any other ground;
4. Where the negotiation body of the National Assembly that has recommended the member, loses its position as a negotiation body;
5. The member voluntarily admits that it is impracticable for him/her to perform his/her duties.
(5) Upon dismissing a member from office under paragraph (4), the Minister of Unification shall notify the National Assembly of such dismissal without delay.
(6) The Committee shall advise the Minister of Unification on the following:
1. Matters concerning the formulation of master plans and action plans to improve human rights in North Korea under Article 6 (1) and (2) of the Act;
2. Matters concerning the operation of the North Korean Human Rights Foundation under Article 10 (1) of the Act;
3. Matters concerning the operation of the Center for North Korean Human Rights Records under Article 13 (1) of the Act;
4. Other matters the Minister of Unification deems necessary to improve human rights in North Korea.
Article 3(Subcommittees and Expert Members) #
(1) Subcommittees may be established where necessary to perform the functions of the Committee efficiently.
(2) Members of a subcommittee may be appointed by the Minister of Unification following consultation with the chairperson of the Committee from among the Committee members, considering their expertise, etc., and the chairperson of the subcommittee shall be elected by and from among the members of the subcommittee.
(3) The Minister of Unification may appoint an expert member where necessary to conduct specialized investigations and research regarding the functions of the Committee and to assist the Committee in performing its functions.
Article 4(Matters Necessary for Composition, Operation, etc. of Committee) #
Except as otherwise expressly provided for in Articles 2 and 3, the composition and operation of the Committee and subcommittees, the duties of expert members, and other necessary matters, shall be prescribed by the Minister of Unification.
Article 5(Master Plans to Improve Human Rights in North Korea) #
"Matters prescribed by Presidential Decree" in Article 6 (1) 3 of the Act, means the following:
1. Assessment of the status of human rights of North Koreans;
2. Objectives of policies related to the improvement of human rights in North Korea and directions to implement such policies;
3. Detailed tasks and methods of implementing policies related to the improvement of human rights in North Korea;
4. Domestic and international cooperation for improving human rights in North Korea;
5. Support for education and research on the improvement of human rights in North Korea;
6. Establishment of, and support for, a cooperative system with civic society organizations related to human rights of North Koreans (referring to civic society organizations defined in subparagraph 5 of Article 2 of the National Human Rights Commission Act);
7. Other matters the Minister of Unification deems necessary to improve human rights in North Korea.
Article 6(Promotion of Inter-Korean Dialogue on Human Rights) #
The Minister of Unification shall promote dialogues and exchanges necessary to improve human rights in North Korea under Article 7 of the Act, and may provide necessary administrative and financial support for non-profit, non-governmental organizations, etc. to achieve such objectives.
Article 7(Humanitarian Assistance) #
(1) Humanitarian assistance referred to in Article 8 (1) of the Act, shall be as follows:
1. Assistance necessary to protect the lives and health of North Koreans;
2. Assistance necessary to cope with an urgent crisis North Koreans are facing due to a disaster, etc.;
3. Other assistance the Minister of Unification deems necessary to improve human rights in North Korea.
(2) Procedures for providing the humanitarian assistance referred to in paragraph (1), detailed methods for the provision thereof, and other necessary matters, shall be prescribed by the Minister of Unification.
Article 8(Ambassador for North Korean Human Rights Issues) #
(1) An Ambassador for North Korean Human Rights Issues to be appointed under Article 9 (2) of the Act (hereinafter referred to as "Ambassador for North Korean Human Rights Issues"), shall have the expertise necessary to improve human rights in North Korea and the diplomatic capability necessary to secure international cooperation.
(2) Duties of the Ambassador for North Korean Human Rights Issues shall be as follows:
1. International activities to improve human rights in North Korea;
2. Other duties the Minister of Unification deems necessary for international cooperation to improve human rights in North Korea.
Article 9(Articles of Association of Foundation) #
(1) The articles of association of the Foundation for North Korean Human Rights established under Article 10 (1) of the Act (hereinafter referred to as the "Foundation"), shall contain the following:
1. Objectives;
2. Name;
3. Location of the office;
4. Matters concerning the administrative affairs of the Foundation;
5. Matters concerning the operation of the board of directors of the Foundation;
6. Matters concerning executive officers and employees;
7. Matters concerning the property and accounting of the Foundation;
8. Matters concerning the amendment of the articles of association;
9. Matters concerning the procedures for the enactment, amendment or repeal of bylaws of the Foundation;
10. Matters concerning public notice.
(2) The Foundation shall obtain approval from the Minister of Unification to enact, amend or repeal any of its bylaws regarding the following:
1. Matters concerning the organizational structure and the prescribed number of executive officers and employees of the Foundation;
2. Matters concerning remuneration for executive officers and employees and their services;
3. Matters concerning the use and management of funds;
4. Other matters prescribed by the Minister of Unification regarding the operation of the Foundation.
(3) The Minister of Unification may determine guidelines necessary for the Foundation to perform its functions prescribed in Article 10 (3) of the Act.
Article 10(Provision of Contributions, etc.) #
(1) Where the Government intends to provide contributions to the Foundation under Article 11 (1) of the Act, the Minister of Unification shall include the contribution in the budget.
(2) Upon finalizing the budget for contributions to be provided under paragraph (1), the Minister of Unification shall notify the Foundation thereof.
(3) In order to receive contributions, the Foundation shall file an application for contributions in the form prescribed by Ordinance of the Ministry of Unification, along with its business plan, budget execution plan, etc.
(4) Upon receipt of an application for contributions filed under paragraph (3), the Minister of Unification shall provide contributions in accordance with the business plan and budget execution plan only if he/she finds such plans feasible following examination thereof.
(5) Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary to provide contributions and to manage the execution thereof, shall be prescribed by the Minister of Unification.
Article 11(Guidance and Supervision of Foundation) #
(1) The Foundation shall prepare a business plan and a budget bill of each business year and obtain approval from the Minister of Unification. The same shall also apply where the Foundation intends to modify the business plan or the budget bill.
(2) The Minister of Unification may require the Foundation to file a necessary report on its business affairs, accounting, and property or authorize subordinate public officials to inspect the books of account, documents or other things of the Foundation.
(3) The Minister of Unification may issue a corrective order to the Foundation or require the Foundation to take necessary measures, if deemed necessary based on the report filed or an inspection conducted under paragraph (2).
Article 12(Procedures, etc. for Receipt of Donated Money or Other Valuables) #
(1) The Foundation shall receive money or other valuables donated under Article 11 (2) of the Act by requiring them to be deposited in an account opened at a postal service agency or financial institution and issue a receipt to the donor immediately: Provided, That the Foundation need not issue a receipt if a donation is made anonymously or the relevant donor is unknown.
(2) Upon receipt of a donation under paragraph (1), the Foundation shall manage it in a separate account.
(3) Where a donor donates money or other valuables restricting their use to a particular purpose, the Foundation shall use them only for such purpose: Provided, That the Foundation may use the money or other valuables for a similar purpose with the consent of the donor in the following circumstances:
1. Where it is impossible to achieve the purpose if the Foundation uses the donated money or other valuables for the purpose designated by the donor;
2. Where any of the donated money or other valuables remains after using them for the purpose designated by the donor.
(4) The Foundation shall report the status of donations it has received during a six-month period to the Minister of Unification within ten days after the end of each six-month period.
(5) The Foundation shall keep a register containing the status of donations it receives, their use, and other relevant matters and make the register available to the donors.
(6) The Foundation shall disclose the status of donations and the outcomes of its business during the preceding year on its homepage, by not later than the end of February each year: Provided, That the Foundation need not disclose the name of a donor, use of his/her donation, etc., with the approval of the Minister of Unification, if the donor requests not to disclose such information.
Article 13(Appointment, etc. of Auditor of Foundation) #
(1) The Foundation shall have one auditor, who shall be appointed by the Minister of Unification.
(2) The term of office of the Auditor appointed under paragraph (1), shall be three years, and may be consecutively renewed only once.
(3) Executive officers (including the auditor; hereinafter the same shall apply) of the Foundation shall be appointed from among the following persons who have abundant knowledge about, and experience in, improving human rights in North Korea and humanitarian assistance, and are acknowledged as capable of impartially performing affairs to improve human rights in North Korea:
1. A person with at least ten years’ experience as at least an assistant professor or equivalent in a university, college or authorized research institute;
2. A person with at least ten years’ experience as a public official, judge, public prosecutor, or attorney-at-law;
3. A person with at least seven years’ experience engaging in the activities related to the improvement of human rights in North Korea at any institution or organization referred to in Article 2 (1) 3.
(4) The Minister of Unification may request the National Assembly to give due consideration as to whether the directors it recommends pursuant to Article 12 (1) of the Act, have personal experience in the status of human rights in North Korea and to their gender.
(5) Where any subparagraph of Article 2 (4) applies to an executive officer of the Foundation, the Minister of Unification may dismiss the executive officer after hearing the opinion of the board of directors.
(6) Upon dismissing an executive officer of the Foundation under paragraph (5), the Minister of Unification shall notify the National Assembly of such dismissal without delay.
(7) The Minister of Unification may request the head of a public institution (referring to a public institution prescribed in Article 4 of the Act on the Management of Public Institutions; hereinafter the same shall apply) to dispatch its executive officers or employees, if necessary to achieve the objectives of the Foundation.
Article 14(Operation of Center for North Korean Human Rights Records) #
(1) Where a public official of the Center for North Korean Human Rights Records established under Article 13 (1) of the Act (hereinafter referred to as the "Center"), collects necessary materials and information while hearing a statement from a related person pursuant to paragraph (2) of the same Article, the public official shall record the relevant details in a written inquiry form prescribed by Ordinance of the Ministry of Unification, and require the related person to affix his/her name and seal on or to sign the last page of the written inquiry form: Provided, That, if the statement is complex or the related person desires, the public official may allow the related person to prepare and submit a handwritten statement, as prescribed by Ordinance of the Ministry of Unification.
(2) In hearing a statement from a related person under paragraph (1), a public official of the Center shall collect and record the human rights violation cases committed against North Koreans and the relevant evidence systematically and may video-record the process of giving a statement with the consent of the related person, if deemed necessary for such purposes.
(3) The Minister of Unification shall notify the Minister of Justice of the status of materials collected and recorded by the Center pursuant to Article 13 (2) of the Act within ten days after the end of each quarter and transfer the originals of such materials to the Minister of Justice within 20 days after the end of each quarter pursuant to Article 13 (5) of the Act.
(4) The Minister of Unification may request the head of a related administrative agency to dispatch public officials, if necessary to operate the Center.
(5) Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary to operate the Center shall be prescribed by Ordinance of the Ministry of Unification.
Article 15(North Korea Human Rights Archive) #
(1) The name of the organization to be established under the jurisdiction of the Ministry of Justice under Article 13 (5), is the "North Korea Human Rights Archive."
(2) The North Korea Human Rights Archive referred to in paragraph (1) (hereinafter referred to as the "North Korea Human Rights Archive"), shall perform the following:
1. Affairs necessary to receive materials transferred under Article 13 (5) of the Act;
2. Affairs related to systematically preserve and manage materials transferred under Article 13 (5) of the Act (hereinafter referred to as "transferred materials");
3. Other affairs the Minister of Justice deems necessary to preserve and manage transferred materials.
(3) The Minister of Justice may request the head of a related administrative agency to dispatch public officials, if necessary to operate the North Korea Human Rights Archive.
(4) Except as otherwise expressly provided for in paragraphs (1) through (3), matters necessary to operate the North Korea Human Rights Archive shall be prescribed by Ordinance of the Ministry of Justice.
Article 16(Consultation on Collection of Information about Status of Human Rights in North Korea) #
The head of a State agency, local government or public institution shall pre-consult with the Minister of Unification in order to collect information about the status of North Korean human rights and information for improving their human rights, from North Korean refugees defined in subparagraph 1 of Article 2 of the North Korean Refugees Protection and Settlement Support Act and record it.
Article 17(Consultative Body for Recording, etc. North Korean Human Rights) #
(1) The Minister of Unification may organize and operate a consultative body in which public officials belonging to the Senior Civil Service of the related administrative agencies or other public officials participate, if necessary to collect and manage information about the status of North Korean human rights and information for improving their human rights and to efficiently implement and promote policies related to the improvement of human rights in North Korea.
(2) The composition and management of the consultative body referred to in paragraph (1), and other necessary matters, shall be prescribed by the Minister of Unification.
Article 18(Management of Personally Identifiable Information) #
The Minister of Unification and the Minister of Justice may manage the data that contains 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 the Personal Information Protection Act, if it is essential to perform the affairs classified as follows:
1. The Minister of Justice: Affairs related to collecting and recording the status of North Korean human rights and information for improving their human rights under Article 13 (2) of the Act;
2. The Minister of Justice: Affairs related to the preservation and management of transferred materials.