ACT ON CONSULAR ASSISTANCE OF PROTECTING OVERSEAS KOREAN NATIONALS

Article 1(Purpose) #

The purpose of this Act is to ensure safe overseas residence, sojourn, and visit of Korean nationals by prescribing matters related to consular assistance of the State for protecting the life, body, and property of overseas Korean nationals.

Article 2(Definitions) #

The terms used in this Act are defined as follows:

1. The term “overseas Korean national” means a national of the Republic of Korea who resides or sojourns in, or visits, a foreign country;

2. The term “consular assistance” means assistance provided by the State to an overseas Korean national pursuant to this Act to protect their life, body, and property from an incident and accident;

3. The term “incident and accident” means any situation in which danger to the life and body, or serious damage to property, of an overseas Korean national occurs or is highly likely to occur in the country he or she resides, sojourns, or visits;

4. The term “overseas disaster situation” means a situation which falls under any of the following items, among incidents and accidents:

(a) Overseas disaster referred to in subparagraph 2 of Article 3 of the Framework Act on the Management of Disasters and Safety;

(b) Urgent situation in which a war breaks out or is highly likely to break out;

(c) Situation in which the relevant country’s function to maintain public peace or other function is extremely paralyzed to be normally exercised due to occurrence of a rebellion or riot;

(d) Situation in which any terrorist act under subparagraph 1 of Article 2 of the Act on Counter-Terrorism for the Protection of Citizens and Public Security occurs or is highly likely to occur;

5. The term “diplomatic mission abroad” means a diplomatic mission abroad of the Republic of Korea under Article 2 of the Act on the Establishment of Diplomatic Missions Abroad of the Republic of Korea (including offices conducting consular affairs in an area where a diplomatic mission is not established, and branch offices and sub-branches under Article 3 of the same Act, but excluding a diplomatic mission abroad which does not perform consular affairs or has no consular jurisdictional area);

6. The term “stationed country” means a country in which a diplomatic mission abroad is established and shall include a country of concurrent accreditation and a jurisdictional area of such diplomatic mission abroad.

Article 3(Responsibility of the State) #

(1) The State shall endeavor to protect the life, body, and property of overseas Korean nationals from incidents and accidents and shall formulate and implement policies necessary for protecting overseas Korean nationals.

(2) The State shall secure the human resources and budget necessary for fulfilling the obligations under paragraph (1).

Article 4(Obligation of Overseas Korean Nationals) #

(1) Overseas Korean nationals shall exercise due diligence to secure their own safety, such as by complying with the statutes, regulations, and institutions of the countries or regions they are residing or sojourning in, or visiting, respecting the culture and custom thereof, and acquainting themselves with safety information regarding the relevant countries or regions.

(2) Overseas Korean nationals shall fully cooperate with the State in taking measures to secure their safety.

Article 5(Relationship to Other Statutes) #

(1) With respect to consular assistance, this Act shall prevail over other statutes.

(2) Except as prescribed in this Act, the Framework Act on the Management of Disasters and Safety and the Act on Counter-Terrorism for the Protection of Citizens and Public Security shall apply to overseas disaster situations.

Article 6(Committee on Protection of Overseas Koreans Nationals) #

(1) The Committee on Protection of Overseas Koreans Nationals (hereinafter referred to as the “Committee“) shall be established under the Minister of Foreign Affairs to deliberate on matters concerning protection of overseas Korean nationals.

(2) The Committee shall deliberate on the following:

1. Matters concerning important policies on protection of overseas Korean nationals;

2. Matter concerning general plans for protecting overseas Korean nationals and implementation plans under Article 7;

3. Other matters placed on the agenda by the Chairperson.

(3) The Commission shall be comprised of up to 20 members, including one Chairperson.

(4) The Chairperson shall be the Minister of Foreign Affairs, and the members shall be appointed or commissioned by the Minister of Foreign Affairs from among the vice ministerial-level public officials of the relevant central administrative agencies or persons with abundant knowledge and experience on protection of overseas Korean nationals.

(5) Other matters concerning the composition and operation of the Committee shall be prescribed by Presidential Decree.

Article 7(Formulation of General Plans for Protecting Overseas Korean Nationals) #

(1) The Minister of Foreign Affairs shall formulate a general plan for protecting overseas Korean nationals (hereinafter referred to as “basic plan”) every five years and finalize it after deliberation by the Committee.

(2) Each general plan shall include the following:

1. Basic direction-setting for policies for protecting overseas Korean nationals;

2. Direction of priority implementation by region and character of affairs of protecting overseas Korean nationals;

3. Matters concerning human resources and budget necessary for protecting overseas Korean nationals;

4. Matters concerning prevention of incidents and accidents involving overseas Korean nationals, such as publicity regarding overseas travel safety;

5. Matters concerning establishment of international cooperation systems for protecting overseas Korean nationals;

6. Matters concerning evaluation and improvement of affairs of protecting overseas Korean nationals;

7. Other matters deemed necessary by the Minister of Foreign Affairs for protecting overseas Korean nationals.

(3) The Minister of Foreign Affairs shall formulate each year an implementation plan for protecting overseas Korean nationals (hereinafter referred to as “implementation plan”) based on the general plan and finalize it after deliberation by the Committee.

(4) When the Minister of Foreign Affairs formulates a general plan and implementation plan, he or she shall notify the heads of diplomatic missions abroad thereof, who shall, in turn, take measures necessary for implementing such plans.

(5) The Minister of Foreign Affairs shall prepare and manage statistics concerning incidents and accidents involving overseas Korean nationals to effectively formulate the general plan and implementation plan.

Article 8(Provision of Information on Overseas Safety) #

(1) The Minister of Foreign Affairs shall take necessary measures, such as the issuance of a travel warning to inform Korean nationals of the information necessary for protecting overseas Korean nationals, such as the countries and regions requiring caution with respect to residence, sojourn, or visit, the degree of danger thereof, the code of conduct, and other matters.

(2) Information on overseas safety, such as the issuance of a travel warning, under paragraph (1), shall be prescribed by Presidential Decree.

Article 9(Cooperation with Relevant Agencies of Stationed Countries) #

The head of a diplomatic mission abroad shall maintain a cooperative relationship with the relevant agencies of the stationed country to effectively perform affairs of protecting overseas Korean nationals.

Article 10(Basic Principles of Consular Assistance) #

(1) Consular assistance shall be provided in compliance with the related treaties, such as the Vienna Convention on Consular Relations, generally recognized international law, and the statutes and regulations of the stationed country.

(2) In determining the concrete scope and level of consular assistance, special circumstances such as the institutions and culture of the stationed country shall be considered.

(3) Consular assistance shall be provided only when an overseas Korean national faced with an incident or accident cannot settle it by any other method, such as self-assistance, receipt of a relative’s assistance or receipt of the stationed country’s assistance.

(4) Consular assistance shall not exceed the level of the protection provided by the Government to a national in a similar situation that occurs in the Republic of Korea.

Article 11(Consular Assistance in Criminal Procedure) #

(1) When the head of a diplomatic mission abroad becomes aware that an overseas Korean national is arrested, detained, or incarcerated in the area under his or her jurisdiction, he or she shall report such fact to the Minister of Foreign Affairs without delay and try to contact such overseas Korean national.

(2) The head of a diplomatic mission abroad shall request the relevant agencies of the stationed country to give assistance so that an overseas Korean national can receive a humanitarian treatment and prompt and fair investigation and trial, according to international law and the statutes and regulations of the stationed country, and shall, if necessary, provide assistance, such as provision of a list of attorneys-at-law and interpreters to the extent possible.

(3) Where an overseas Korean national is incarcerated after being sentenced to imprisonment without labor or heavier punishment, the head of a diplomatic mission abroad shall keep contact with such overseas Korean national through periodical visits, interviews, or other methods.

(4) Necessary matters concerning detailed content and provision method and procedure, etc. of consular assistance in criminal procedure under paragraphs (1) through (3) shall be prescribed by Presidential Decree.

Article 12(Consular Assistance Where Overseas Korean National Suffers Criminal Damage) #

(1) When the head of a diplomatic mission abroad becomes aware that an overseas Korean national suffers damage due to a crime in the area under his or her jurisdiction, he or she shall provide such overseas Korean national with guidance about how to report such damage to the police agency of the stationed country, and shall, if necessary, provide consular assistance, such as requesting the relevant agencies of the stationed country for prompt and fair investigation, providing information about medical institutions, and providing a list of attorneys-at-law and interpreters to the extent possible.

(2) Necessary matters concerning detailed content and provision method and procedure, etc. of consular assistance under paragraph (1) where an overseas Korean national suffers criminal damage shall be prescribed by Presidential Decree.

Article 13(Consular Assistance in Cases of Death of Overseas Korean Nationals) #

(1) When the head of a diplomatic mission abroad becomes aware that an overseas Korean national has died due to an incident or accident in the area under his or her jurisdiction, he or she shall, without delay, notify such fact to the relatives, such as family members, of that overseas Korean national and report it to the Minister of Foreign Affairs.

(2) The head of a diplomatic mission abroad shall take necessary measures, such as provision of guidance about the procedures of the stationed country for the investigation of the cause of death of the decedent and the treatment of the dead body thereof, as well as request for the cooperation of the relevant agencies of the stationed country.

(3) Necessary matters concerning detailed content and provision method and procedure, etc. of consular assistance under paragraphs (1) and (2) in cases of death of an overseas Korean national shall be prescribed by Presidential Decree.

Article 14(Consular Assistance to Overseas Korean Nationals Who Are Minors or Patients) #

(1) When the head of a diplomatic mission abroad becomes aware that any incident or accident has occurred to an overseas Korean national who is a minor or patient in the area under his or her jurisdiction, he or she shall notify the fact to a relative, such as a legal guardian or family member, of such overseas Korean national.

(2) When the head of a diplomatic mission abroad becomes aware that a case of an overseas Korean national who is a patient deemed to require urgent medical treatment has occurred in the area under his or her jurisdiction, he or she shall provide assistance to that overseas Korean national, such as provision of information about medical institutions, and ensure the medical treatment of the relevant overseas Korean national in consultation with the relatives, such as family members of such person, and the relevant agencies of the stationed country.

(3) Necessary matters concerning detailed content and provision method and procedure, etc. of consular assistance to an overseas Korean national who is a minor under paragraphs (1) and consular assistance to an overseas Korean national who is a patient under paragraphs (2) shall be prescribed by Presidential Decree.

Article 15(Consular Assistance in Cases of Missing of Overseas Korean Nationals) #

(1) When the head of a diplomatic mission abroad receives a request for the ascertainment of whereabouts of an overseas Korean national who is out of contact in the area under his or her jurisdiction, he or she shall provide the relevant requester with guidance about procedures for reporting the missing to the police agencies of the Republic of Korea and the stationed country and shall endeavor to ascertain the whereabouts of such overseas Korean national in cooperation with the relevant agencies of the stationed country.

(2) Where the whereabouts of the missing overseas Korean national is ascertained, the head of a diplomatic mission abroad shall notify it without delay to the relatives, such as family members, of such overseas Korean national. In such cases, if that overseas Korean national is an adult, his or her opinion shall be respected.

(3) Necessary matters concerning the guidance under paragraph (1) and detailed method and procedure, etc. for the notification under paragraph (2) shall be prescribed by Presidential Decree.

Article 16(Consular Assistance in Cases of Overseas Disaster Situation) #

(1) Where the head of a diplomatic mission abroad becomes aware that an overseas disaster situation occurs or is significantly likely to occur in the areas under his or her jurisdiction, he or she shall without delay report such fact to the Minister of Foreign Affairs and notify it to the overseas Korean nationals located in such area.

(2) The Minister of Foreign Affairs in receipt of a report under paragraph (1) shall take necessary measures, such as dispatching a prompt response team separately from management support groups under Article 14-2 of the Framework Act on the Management of Disasters and Safety and mobilizing means to move overseas Korean nationals to safe districts.

(3) Where the head of a diplomatic mission abroad becomes aware that an overseas disaster situation occurs or is highly likely to occur in the area under his or her jurisdiction, he or she shall endeavor to ascertain whereabouts of overseas Korean nationals located in the area under his or her jurisdiction, and may, if necessary, organize an emergency countermeasure team.

(4) An overseas Korean national faced with an overseas disaster situation may request the head of a diplomatic mission abroad for emergency rescue.

(5) Where the head of a diplomatic mission abroad becomes aware, through a request for an emergency rescue, etc. under paragraph (4), that an overseas Korean national is faced with an overseas disaster situation and is in need of emergency rescue, he or she shall take practicable measures, such as requesting the relevant agency of the stationed country to rescue such overseas Korean national.

(6) In cases falling under any of the following subparagraphs, the head of a diplomatic mission abroad may provide information on the whereabouts or the safety of an overseas Korean national located in the area under his or her jurisdiction to the relatives, such as family member, of such overseas Korean national:

1. Where a relative makes such request;

2. Where it is difficult for the overseas Korean national to contact his or her relatives.

(7) Necessary matters concerning detailed content of, and method and procedure, etc. for, consular assistance in cases of an overseas disaster situation under paragraphs (1) through (6) shall be prescribed by Presidential Decree.

Article 17(Disposal of Lost Articles) #

Where the head of a diplomatic mission abroad acquires any article which is presumed to belong to a national of the Republic of Korea, he or she shall endeavor to have such article returned to the person who lost it or the owner thereof, as prescribed by Presidential Decree.

Article 18(Refusal and Interruption of Provision of Consular Assistance) #

In cases falling under any of the following subparagraphs, the head of a diplomatic mission abroad may refuse or interrupt the provision of consular assistance: Provided, That this shall not apply where it is necessary to urgently protect an overseas Korean national due to a serious risk to his or her life or body:

1. Where an overseas Korean national definitely refuses consular assistance;

2. Where an overseas Korean national significantly impedes the provision of consular assistance to him or her, by committing an act of violence or intimidation, etc.;

3. Where it is proven that an overseas Korean national has falsely requested consular assistance;

4. Where an overseas Korean national misuses or abuses consular assistance.

Article 19(Expenses-Bearing) #

(1) An overseas Korean national shall bear the expenses incurred in protecting his or her life, body, and property in the course of providing consular assistance: Provided, That the State may bear the expenses in cases falling under any of the following subparagraphs where it is necessary to urgently protect an overseas Korean national:

1. Where it is deemed impossible for an overseas Korean national faced with an incident or accident to bear the expenses due to his or her insolvency, etc.;

2. Where the State mobilizes transportation means?because an overseas Korean national faced with an overseas disaster has no transportation means to evacuate to a safe area.

(2) The head of a diplomatic mission abroad may assist the overseas remittance from a relative of an overseas Korean national who is faced with an urgent situation due to loss or theft so that such overseas Korean national can promptly receive help from his or her relative.

(3) Where it is difficult for an overseas Korean national not falling under the proviso to paragraph (1) to promptly pay the expenses to be borne by himself or herself and the Minister of Foreign Affairs mobilizes transportation means for moving that overseas Korean national to a safe area, the Minister of Foreign Affairs may pay expenses on behalf of such overseas Korean national. In such cases, such overseas Korean national shall repay the expenses claimed by the Minister of Foreign Affairs within a reasonable extent. <Amended on Apr. 20, 2021>

(4) Where a repayment obligor under paragraph (3) fails to pay the relevant amount, the Minister of Foreign Affairs may collect it in the same manner as delinquent national taxes.

(5) Necessary matters concerning detailed content, method, procedure, etc. of expenses-bearing under paragraphs (1) through (3) shall be prescribed by Presidential Decree.

Article 20(Requests for Provision of Data) #

(1) The Minister of Foreign Affairs may request the heads of relevant agencies to provide necessary data prescribed by Presidential Decree, such as electronic data of resident registration under the Resident Registration Act, computerized information data on registered matters concerning family relations under the Act on the Registration of Family Relationships, and immigration data under the Immigration Act, to efficiently provide consular assistance where an overseas Korean national dies or is missing due to an incident or accident or where it is essential for performing his or her duties. In such cases, the heads of the relevant agencies so requested shall comply therewith except in extenuating circumstances.

(2) The Minister of Foreign Affairs may, if deemed necessary to provide consular assistance, request for cooperation of the heads of relevant agencies or the heads of local governments. In such cases, the heads of the relevant central administrative agencies or the heads of the local governments so requested shall comply therewith except in extenuating circumstances.

Article 21(Provision of Financial Information) #

(1) Where the Minister of Foreign Affairs bears or intends to bear the expenses incurred in the course of providing consular assistance pursuant to the proviso to Article 19 (1), he or she may, in order to verify whether an overseas Korean national falls under Article 19 (1) 1, request the head of a financial institution, etc. (referring to a financial institution, etc. under subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and a credit information collection agency under subparagraph 6 of Article 2 of the Credit Information Use and Protection Act; hereinafter the same shall apply) to provide financial information, credit information, or insurance information (hereinafter referred to as “financial information, etc.”), by a document in an electronic form which is transformed from the written agreement submitted by such overseas Korean national, notwithstanding Article 4 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (2) of the Credit Information Use and Protection Act.

(2) The head of a financial institution, etc. in receipt of a request for the provision of financial information, etc. pursuant to paragraph (1) shall provide it, notwithstanding Article 4 of the Act on Real Name Financial Transactions and Confidentiality and Article 32 of the Credit Information Use and Protection Act.

(3) The head of a financial institution, etc. providing financial information, etc. pursuant to paragraph (2) shall inform such provision of financial information, etc. to the person concerning whom such financial information, etc. is provided: Provided, That if that person consents, such notification need not be made, notwithstanding Article 4-2 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (7) of the Credit Information Use and Protection Act.

(4) When requesting the provision of financial information, etc. and providing it in accordance with paragraphs (1) and (2), it is required to use any information and communications network under Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.: Provided, That this shall not apply in extenuating circumstances such as damage of information and communications networks.

(5) No person who performs or has performed the duties under paragraphs (1) and (2) shall either use the financial information, etc. which is obtained in the course of performing his or her duties, in a manner different from the purpose provided for in this Act, or provide or divulge such financial information, etc. to any third person or institution.

Article 22(Delegation or Entrustment of Authority) #

@Part of the authority of the Minister of Foreign Affairs under this Act may be delegated to the heads of diplomatic missions abroad or entrusted to the heads of relevant administrative agencies in accordance with Presidential Decree.

Article 23(Penalty Provisions) #

Any person who uses financial information, etc. for any purpose other than the purposes prescribed in this Act or provides or divulges such information, etc. to any third person or institution in violation of Article 21 (5) shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won.