Article 1(Purpose) #
The purpose of this Decree is to prescribe matters delegated by the Act on Examination of Line of Duty Deaths Following Abolition of International Cooperation Personnel System and matters necessary for the enforcement thereof.
Article 2(Detailed criteria for recognizing line of duty deaths) #
(1) “Reasons prescribed by Presidential Decree” in the proviso to Article 3 (2) of the Act on Examination of Line of Duty Deaths Following Abolition of International Cooperation Personnel System (hereinafter referred to as the "Act") means any of the following reasons:
1. A state of mental abnormality that has caused international cooperation personnel who have been medically treated or are currently receiving medical care due to a mental illness caused by the performance of his or her duties or in connection with duties of the personnel to commit self-harm;
2. A state of mental abnormality attributable to an injury or disease sustained in line of duty that has caused international cooperation personnel who are receiving medical care due to such injury or disease to commit self-harm;
3. Other self-harm which is medically recognized to have been committed in a state of metal abnormality due to the performance of one‘s duties or any other reason related to the duties.
(2) Detailed criteria for recognition of line of duty death under Article 3 (3) of the Act shall be as specified in the Appendix.
Article 3(Duties of chairperson) #
(1) The Chairperson (hereinafter referred to as the "Chairperson") of the Examination Committee on Line of Duty Deaths of International Cooperation Personnel (hereinafter referred to as the "Committee") under Article 4 (1) of the Act shall represent the Committee and exercise overall control over its affairs.
(2) If the Chairperson is unable to continue to perform his or her duties due to unavoidable causes, the member designated by the Chairperson shall act on behalf of the Chairperson.
Article 4(Meetings of Committee) #
(1) The Chairperson shall convene and preside over the meetings of the Committee.
(2) A quorum for the Committee shall be a majority of members on the register, and any decision thereof shall require the concurring vote of a majority of those present.
Article 5(Secretary of Committee) #
(1) The Committee shall have one administrative secretary to perform the business affairs of the Committee.
(2) The administrative secretary shall be appointed by the Chairperson from among public officials belonging to the Ministry of Foreign Affairs.
Article 6(Allowances) #
Allowances and travel expenses may be paid to members who attend the Committee or interested persons who attend the Committee under Article 4 (5) of the Act within budgetary limits: provided, this shall not apply where public officials attend in direct connection with the affairs under their jurisdiction.
Article 7(Operating rules of Committee) #
Except as provided in this Decree, matters necessary for the operation of the Committee shall be determined by the Chairperson, following resolution by the Committee.
Article 8(Request for examination of line of duty deaths) #
(1) A bereaved family who intends to obtain confirmation from 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") pursuant to Article 5 (2) of the Act to request an examination of line of duty death shall submit to the President of the Korea International Cooperation Agency an application for confirmation of facts related to the requirements for line of duty death in attached Form 1, along with the following documents:
1. A copy of a document evidencing the death of a member of international cooperation personnel;
2. A copy of a document evidencing a survivor of the deceased member of international cooperation personnel.
(2) Upon receipt of an application under paragraph (1), the President of the Korea International Cooperation Agency shall verify the details of the death, etc. of the international cooperation personnel, and shall, if any, issue a confirmation of the fact related to the requirements for death in the line of duty in attached Form 2 within 14 days from the date of receipt of the application.
(3) Where a survivor who has been issued a written confirmation of the fact related to the requirements for line of duty death pursuant to paragraph (2) intends to request an examination of line of duty death, he or she shall submit to the Minister of Foreign Affairs a written request for examination of line of duty death in attached Form 3, accompanied by a written confirmation of the fact related to the requirements for line of duty death issued pursuant to paragraph (2).
Article 9(Examination and determination of line of duty deaths) #
(1) Upon receipt of a request for examination of line of duty deaths pursuant to Article 5 of the Act and Article 8 (3) of the Decree, the Minister of Foreign Affairs shall refer it to the Committee for deliberation without delay.
(2) The Committee shall deliberate on whether to determine that a member of international cooperation personnel died in the line of duty within 90 days from the date of receipt of a request for examination of the line of duty death referred to deliberation pursuant to paragraph (1).
(3) When the Committee deliberates on whether to determine that the member died in the line of duty under paragraph (2), the Committee shall comprehensively consider the results of investigating and verifying specific facts related to the death of the member of international cooperation personnel, working environment, nature of duties, circumstances at the time of performing their duties, etc. in order to determine whether there is a substantial causal relationship between the circumstances of death and the performance of their duties.
(4) Where a survivor who has requested an examination desires to make a statement at the Committee, the Committee may have him or her attend and make a statement.
(5) The Minister of Foreign Affairs shall make a decision on whether to die in the line of duty, taking into consideration the results of deliberation by the Committee, and notify the survivors of such decision.
Article 10(Application for compensation) #
Where a survivor of a member of international cooperation personnel determined to have died in the line of duty pursuant to Article 9 (5) intends to receive compensation under Article 6 of the Act, the survivor shall file an application for registration with the Minister of Patriots and Veterans Affairs pursuant to Article 6 of the Act on the Honorable Treatment of and Support for Persons Distinguished Service to the State or Article 4 of the Act on Support for Persons Eligible for Veteran’s Compensation. <Amended on Apr. 11, 2023>
Article 11(Entrustment of Affairs) #
The Minister of Foreign Affairs shall entrust the following affairs to the Korea International Cooperation Agency pursuant to Article 7 (1) of the Act:
1. Verification of the fact of the dispatch of a deceased member of international cooperation personnel and his duties;
2. Investigation of the details of death of a deceased international cooperation personnel and verification of the facts related to standards for recognition of line of duty death;
3. Other affairs incidental to the investigation and examination of data related to the examination of whether or not the relevant personnel has died in the line of duty.
Article 12(Management of sensitive information and personally identifiable information) #
(1) The Minister of Foreign Affairs (including a person to whom the work is entrusted by the Minister of Foreign Affairs pursuant to Article 7 (1) of the Act and Article 11 of this Decree) and the Committee may manage information on health under Article 23 of the Personal Information Protection Act, information or criminal history record referred to in 2 of Article 18 of the Enforcement Decree of that Act, or data containing resident registration numbers, passport numbers, or alien registration numbers under subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of that Act, where it is inevitable to conduct the following:
1. Affairs concerning requests for examination of line of duty deaths and determination thereon under Article 5 of the Act;
2. Affairs concerning support for compensation for survivors of an international cooperation personnel who died in line of duty under Article 6 of the Act;
3. Affairs concerning the composition, operation, etc. of the Committee under the Act and this Decree.
(4) Relevant public officials, related institutions, etc. requested by the Committee to submit data pursuant to Article 4 (5) 2 of the Act may manage data containing personal information under paragraph (1), with the exception of its subparagraphs, if it is inevitable to submit data.