ENFORCEMENT DECREE OF THE SPECIAL ACT ON ASSISTANCE TO SAKHALIN KOREANS

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Special Act on Assistance to Sakhalin Koreans and other matters necessary for the enforcement thereof.

Article 2(Promotion of commemorative projects) #

The Commissioner of the Overseas Koreans Agency may conduct the following commemorative projects under Article 3(3) of the Special Act on Assistance to Sakhalin Koreans (hereinafter referred to as the "Act"): <Amended on Apr. 5, 2023>

1. Projects to support research and academic activities related to Sakhalin Koreans;

2. Project to preserve the history and culture of Sakhalin Koreans;

3. Projects to provide education and publicity on Sakhalin Koreans;

4. Commemorative projects for Sakhalin Koreans;

5. Other projects to restore the honor of Sakhalin Koreans.

Article 2-2(Fact-finding surveys) #

(1) A fact-finding survey under Article 4-2 of the Act (hereinafter referred to as "fact-finding survey") shall include the following:

1. Matters regarding housing;

2. Matters regarding financial status, including income, expenditures, and assets;

3. Matters regarding employment, including employment status and working conditions;

4. Matters regarding health and welfare, including medical assistance and livelihood protection;

5. Other matters deemed necessary by the Commissioner of the Overseas Koreans Agency to ascertain the living conditions of Sakhalin Koreans and their accompanying family members.

(2) If necessary to conduct a fact-finding survey, the Commissioner of the Overseas Koreans Agency may request the head of a relevant central administrative agency, the head of a local government, or the head of a public institution under the Act on the Management of Public Institutions to submit relevant materials. In such cases, the head of the institution so requested shall comply with such request unless there is good cause.

(3) If necessary to conduct a fact-finding survey efficiently, the Commissioner of the Overseas Koreans Agency may entrust the survey to a research institute or organization, etc. with expertise in surveys, etc.

[This Article Added on Jul. 16, 2024]

Article 2-3(Assistance for permanent return, settlement, and livelihood stability) #

(1) Even in the event of the death of a Sakhalin Korean who was receiving housing assistance under Article 5(1)3 of the Act, the Commissioner of the Overseas Koreans Agency may continue to provide such assistance to a person who is the spouse of the Sakhalin Korean and is a citizen of the Republic of Korea.

(2) A person seeking housing assistance under paragraph (1) shall submit to the Commissioner of the Overseas Koreans Agency documents proving the death of the Sakhalin Korean and the marital relationship with the Sakhalin Korean.

(3) "Matters prescribed by Presidential Decree" in Article 5(1)4 of the Act means the provision of benefits under Article 7 of the National Basic Living Security Act.

(4) The Commissioner of the Overseas Koreans Agency may conduct invitation visit programs for Sakhalin Koreans in order to provide assistance for the permanent return, settlement, and livelihood stability of Sakhalin Koreans and their accompanying family members.

[This Article Added on Jul. 16, 2024]

Article 3(Application for assistance for permanent return, settlement, and livelihood stability) #

Sakhalin Koreans and their accompanying family members seeking assistance for permanent return, settlement, and livelihood stability under Article 6(1) of the Act shall file an application for assistance for permanent return, settlement, and livelihood stability in the form prescribed by Decree of the Ministry of Foreign Affairs, with the Commissioner of the Overseas Koreans Agency, along with the following documents by April 30 of the year in which they seek assistance; in such cases, Sakhalin Koreans and their accompanying family members residing abroad may submit the application through the head of the Embassy, Consulate General, Subconsulate, or Consulate Branch Office of the Republic of Korea having jurisdiction over their address or place of residence:

1. Documents classified as follows:

a. Sakhalin Korean: A birth certificate or other documents proving that he or she is a Korean who was born in Sakhalin or migrated thereto by August 15, 1945;

b. Accompanying family members: A marriage certificate, birth certificate, or other documents proving that they are the spouse, a child, or the spouse of a child of, a Sakhalin Korean (or, if a Sakhalin Korean has neither a child nor the spouse of a child, 1 lineal descendant and the spouse of such descendant, as prescribed in the proviso of subparagraph 2 of Article 2 of the Act);

2. A document regarding a criminal record check, officially certified by the government of a foreign country where the applicant has resided.

[This Article Wholly Amended on Jul. 16, 2024]

Article 4(Determination on whether to provide assistance) #

(1) If a person who has filed an application for assistance for permanent return, settlement, and livelihood stability under Article 3 is deemed not to undermine the national security, maintenance of order, or public welfare of the Republic of Korea, the Commissioner of the Overseas Koreans Agency shall determine to provide assistance. <Amended on Apr. 5, 2023; Jul. 16, 2024>

(2) In order to determine whether to provide assistance to a person who has filed an application for assistance for permanent return, settlement, and livelihood stability under Article 3 (hereinafter referred to as "applicant"), the Commissioner of the Overseas Koreans Agency shall submit the relevant matter to the Selection Committee for Persons Eligible for Assistance under Article 4-3 for deliberation. <Amended on Jul. 16, 2024>

(3) The Commissioner of the Overseas Koreans Agency shall notify the applicant of the determination on whether to provide assistance for permanent return, settlement, and livelihood stability, by July 31 of the year in which the application for assistance under Article 3 is received. <Added on Jul. 16, 2024>

(4) If necessary to make a determination under paragraph (1), the Commissioner of the Overseas Koreans Agency may request the head of a relevant administrative agency to conduct an identity investigation and a criminal record check on the applicant or to present opinions on other necessary matters. In such cases, the head of such agency shall provide the results of such investigation or check or present opinions unless there is good cause. <Added on Jul. 16, 2024>

(5) Detailed standards for determinations under paragraph (1) shall be determined and publicly notified by the Commissioner of the Overseas Koreans Agency. <Added on Jul. 16, 2024>

[Title Amended on Jul. 16, 2024]

Article 4-2(Withdrawal of application for assistance) #

(1) If a person notified as eligible for assistance for permanent return, settlement, and livelihood stability under Article 4(3) intends to withdraw his or her application for assistance, the person shall submit to the Commissioner of the Overseas Koreans Agency a written withdrawal of application for assistance in the form prescribed by Decree of the Ministry of Foreign Affairs. In such cases, Sakhalin Koreans and their accompanying family members residing abroad may submit such written withdrawal through the head of the Embassy, Consulate General, Subconsulate, or Consulate Branch Office of the Republic of Korea having jurisdiction over the place of their domicile or residence.

(2) If an application for assistance is withdrawn under paragraph (1), the Commissioner of the Overseas Koreans Agency may, after deliberation by the Selection Committee for Persons Eligible for Assistance under Article 4-3, additionally select persons eligible for assistance and reserve eligible persons.

[This Article Added on Jul. 16, 2024]

Article 4-3(Composition of Selection Committee for Persons Eligible for Assistance) #

(1) A Selection Committee for Persons Eligible for Assistance (hereinafter referred to as the "Committee") shall be established under the Overseas Koreans Agency to deliberate on the following matters:

1. Matters regarding the determination of persons eligible for assistance for permanent return, settlement, and livelihood stability;

2. Matters regarding the determination of reserve persons eligible for assistance for permanent return, settlement, and livelihood stability.

(2) The Committee shall consist of up to 10 members, including 1 chairperson.

(3) The Director General of the Overseas Koreans Policy Bureau of the Overseas Koreans Agency shall serve as the chairperson, and the members shall be appointed or commissioned by the Commissioner of the Overseas Koreans Agency from among any of the following persons:

1. Persons recommended by the head of their respective agency from among public officials of Grade III or IV of the Ministry of Justice, the Ministry of Health and Welfare, the Ministry of Land, Infrastructure and Transport, and the Overseas Koreans Agency;

2. Persons recommended by the president of the Republic of Korea National Red Cross under the Organization of the Republic of Korea National Red Cross Act from among its executive officers and employees;

3. Persons recommended by the president of the Korea Land and Housing Corporation established under the Korea Land and Housing Corporation Act from among its executive officers and employees.

(4) The Commissioner of the Overseas Koreans Agency may remove a member specified in paragraph (3)2 and 3, if such member falls under any of the following cases:

1. Where the member becomes incapable of performing his or her duties due to mental weakness or any other similar reason;

2. Where the member is found to have committed misconduct in connection with his or her duties;

3. Where the member is deemed unfit to serve due to negligence in duties, conduct prejudicial to dignity, or any other similar reason;

4. Where the member indicates that he or she is unable to perform his or her duties.

(5) The Committee shall exist for 5 years from the date this Decree enters into force.

Article 5(Entrustment of tasks) #

The Commissioner of the Overseas Koreans Agency shall, under Article 7 of the Act, entrust the following tasks to the Republic of Korea National Red Cross under the Organization of the Republic of Korea National Red Cross Act: <Amended on Apr. 5, 2023; Jul. 16, 2024>

1. Tasks regarding invitation and visit programs for Sakhalin Koreans under Article 2-3(4);

2. Tasks regarding the receipt of applications for assistance for permanent return, settlement, and livelihood stability under Article 3;

3. Tasks regarding the notification of determinations on whether to provide assistance for permanent return, settlement, and livelihood stability under Article 4(3).

Article 6(Processing of sensitive information and personally identifiable information) #

The Commissioner of the Overseas Koreans Agency (including a person entrusted with the duties of the Commissioner under Article 5) may process information on health under Article 23 of the Personal Information Protection Act (limited to the tasks specified in subparagraph 1), information constituting criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of that Act (limited to the tasks specified in subparagraph 2), and data containing resident registration numbers or passport numbers under subparagraph 1 or 2 of Article 19 of that Enforcement Decree, if it is unavoidable for conducting the following tasks: <Amended on Apr. 5, 2023; Jul. 16, 2024>

1. Tasks regarding the provision of assistance for permanent return, settlement, and livelihood stability under Article 5 of the Act;

2. Tasks regarding applications for, and determinations on, the provision of assistance for permanent return, settlement, and livelihood stability and other similar tasks under Article 6 of the Act (processing of information constituting criminal history records shall be limited to cases where criminal history is verified to determine whether to provide assistance to the applicant).