Article 1(Purpose) #
The purpose of this Act is to prescribe matters pertaining to examination of line of duty deaths, compensation, etc. for international cooperation personnel who lost their lives in the course of performing their duties as international cooperation personnel or due to injuries or diseases resulting from their performance of duties while on duty or after the release of call-up, following the abolition of the international cooperation personnel system.
Article 2(Definitions) #
The terms used in this Act shall be defined as follows:
1. The term "international cooperation personnel" means a person incorporated into international cooperation service personnel pursuant to Article 33-3 of the former Military Service Act (referring to the Military Service Act prior to being amended by Act No. 13778 on January 19, 2016) or transferred as an international cooperative doctor pursuant to Article 34 (1) of the same Act, who served as international cooperation personnel upon receiving an order to engage in international cooperation affairs pursuant to Article 5 of the International Cooperation Personnel Act (referring to the International Cooperation Personnel Act prior to being repealed by Act No. 12273 on January 21, 2014);
2. The term "international cooperation personnel who died in the line of duty" means any of the following persons, who is acknowledged by the Minister of Foreign Affairs to meet the requirements for line of duty death prescribed in Article 3 after deliberation by the Examination Committee on Line of Duty Deaths of International Cooperation Personnel referred to in Article 4:
(a) International cooperation personnel who lost their lives in the course of performing their duties while on duty;
(b) International cooperation personnel who lost their lives in the course of performing their duties due to injury or disease while on duty;
(c) International cooperation personnel who lost their lives due to injury or disease prescribed in item (b) after being released from a call-up;
3. The term "survivor" means any of the following persons being supported by a person who is or was international cooperation personnel at the time of his or her death:
(a) A spouse (limited to a person who is in a matrimonial relationship at the time of a call-up, but including a person who is in a de facto matrimonial relationship);
(b) Offspring (excluding offspring born or adopted after the release date of a call-up; an embryo or fetus at the time of the release of a call-up shall be deemed offspring born);
(c) Parents (excluding parents in cases of adoption after the release date of a call-up);
(d) Grandparents (excluding grandparents in cases of adoption after the release date of a call-up).
Article 3(Criteria for recognizing line of duty deaths) #
(1) Any international cooperation personnel shall be deemed to have died in line of duty if the person died while performing his or her duties or due to an injury or disease falling under any of the following:
1. Occupational injuries: Injuries caused by any of the following accidents:
(a) Accidents that occur during the performance of duties or any act conducted in connection thereto;
(b) Accidents that occur during a commute in the usual route and method;
(c) Other accidents that occur in relation to job performance;
2. Occupational diseases: Any of the following diseases:
(a) A disease resulting from physical, chemical, or biological factors in the course of performing duties;
(b) A disease resulting from work involving physical or mental stress in the course of performing duties;
(c) A disease resulting from any occupational injury;
(d) Other diseases caused in connection with job performance.
(2) The death of any international cooperation personnel (including death caused by an injury or disease) due to self-harm shall not be deemed death in the line of duty; provided, where the act of self-harm is committed in a state where his or her normal cognitive ability, etc. is clearly deteriorated due to a reason related to his or her job performance, with the existence of any of the reasons prescribed by Presidential Decree, such death shall be deemed a line of duty death.
(3) Detailed criteria for recognizing line of duty deaths shall be prescribed by Presidential Decree.
Article 4(Examination Committee on Line of Duty Deaths of International Cooperation Personnel) #
(1) An Examination Committee on Line of Duty Deaths of International Cooperation Personnel (hereinafter referred to as the "Committee") shall be established under the Ministry of Foreign Affairs to deliberate on matters concerning recognition of line of duty deaths of international cooperation personnel.
(2) The Committee shall consist of up to nine members, including one Chairperson.
(3) The Chairperson of the Committee shall be the Minister of Foreign Affairs, and the members shall be the persons specified in each of the following subparagraphs: <Amended on Mar. 4, 2023>
1. Three persons recommended by the Minister of Foreign Affairs;
2. One person each recommended by the Minister of Patriots and Veterans Affairs, the Minister of Personnel Management, and the Administrator of the Military Manpower Administration;
3. Two persons recommended by the president of the Korea International Cooperation Agency established under the Korea International Cooperation Agency Act (hereinafter referred to as the "Korea International Cooperation Agency).
(4) The head of each organization who recommends a member pursuant to paragraph (3) shall recommend a public official or an employee under his or her jurisdiction (including employees belonging to an affiliated organization) who is in charge of accident compensation, welfare or service-related work as a member of the Committee.
(5) The Committee may take any of the following measures if necessary for deliberation:
1. Request for attendance of and hearing of opinions from an applicant for examination or a person designated by the applicant, related public officials, and other interested persons;
2. Request for data submission from related public officials, related organizations, and so forth.
(6) Other matters necessary for the composition and operation of the Committee shall be prescribed by Presidential Decree.
Article 5(Request for examination of line of duty deaths of international cooperation personnel, and decisions thereon) #
(1) For the recognition of a line of duty death of any international cooperation personnel, survivors thereof shall request an examination of a line of duty death to the Minister of Foreign Affairs.
(2) The survivors intending to request an examination of a line of duty death referred to in paragraph (1) shall make a request by submitting relevant evidential documents, as prescribed by Presidential Decree, after obtaining verification thereof from the president of the Korea International Cooperation Agency.
(3) The Minister of Foreign Affairs in receipt of a request referred to in paragraph (1) shall decide whether to recognize the line of duty death of the relevant international cooperation personnel after deliberation by the Committee.
(4) Except as provided in paragraphs (1) through (3), necessary matters concerning the request for examination of line of duty deaths, the methods and procedures for a decision, etc. shall be prescribed by Presidential Decree.
Article 6(Compensation) #
(1) The survivors of any international cooperation personnel who died in the line of duty may receive compensation as a bereaved family member of a soldier or police officer killed in the line of duty referred to in the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State or as a bereaved family member of a soldier or police officer killed in a disaster referred to in the Act on Support for Persons Eligible for Veteran’s Compensation, as prescribed by Presidential Decree.
(2) For the registration and determination of persons eligible for compensation referred to in paragraph (1), the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State and the Act on Support for Persons Eligible for Veteran’s Compensation shall apply.
Article 7(Entrustment of duties) #
(1) Where necessary to efficiently examine line of duty deaths of international cooperation personnel, the Minister of Foreign Affairs may entrust the Korea International Cooperation Agency with duties related to the examination, such as data collection and investigation, as prescribed by Presidential Decree.
(2) The Minister of Foreign Affairs may subsidize necessary expenses within the budgetary limit when entrusting duties pursuant to paragraph (1).
(3) The Minister of Foreign Affairs may take necessary measures for supervision, such as receiving a report from the Korea International Cooperation Agency or inspecting its handling of affairs in relation to the duties entrusted to it under paragraph (1).
Article 8(Legal fiction as public officials in application of penalty provisions) #
Any of the following persons who is not a public official shall be deemed public officials for the purposes of penalty provisions pursuant to Articles 129 through 132 of the Criminal Act:
1. The members of the Committee;
2. The executive officers or employees of the Korea International Cooperation Agency who engage in duties entrusted by the Minister of Foreign Affairs pursuant to Article 7.