Article 1(Purpose) #
The purpose of this Act is to prescribe matters mandated by the Special Act on Protection of Rights of Sufferers, Truth-Finding, and Prevention of Recurrence of October 29 Itaewon Disaster and the matters necessary for the enforcement thereof.
Article 2(Quota of employees of Investigation Commission) #
(1) Pursuant to Article 17(1) of the Special Act on Protection of Rights of Sufferers, Truth-Finding, and Prevention of Recurrence of October 29 Itaewon Disaster (hereinafter referred to as the "Act"), the number of employees, excluding commissioners, of the National Commission for the Investigation of the October 29 Itaewon Disaster under Article 6 of the Act (hereinafter referred to as the "Investigation Commission") shall be 59.
(2) The quota by rank of the chairperson of the Investigation Commission (hereinafter referred to as the "Investigation Commission chairperson"), standing commissioners, and public officials assigned to the Investigation Commission under paragraph (1) shall be as specified in Appendix 1.
Article 3(Organization of Investigation Commission) #
(1) Pursuant to Article 19(1) of the Act, the secretariat of the Investigation Commission (hereinafter referred to as the "secretariat") shall be comprised of the Planning and Support Division, the Truth-Finding Bureau, and the Safe Society Bureau under Article 17(2) of the Act.
(2) One aide shall be assigned to the Investigation Commission chairperson.
Article 4(Secretary general) #
(1) The secretary general assigned to the secretariat under Article 19(2) of the Act shall be deemed a public official in extraordinary civil service belonging to the Senior Civil Service, and the duty grade shall be Grade A.
(2) The aide shall be appointed as a public official in extraordinary civil service equivalent to Grade IV.
(3) The aide shall assist the Investigation Commission chairperson in the following matters:
1. Reviewing and coordinating agenda items to be submitted to the Investigation Commission;
2. Collecting opinions and promoting cooperation with experts, organizations, and research institutes related to the duties under the jurisdiction of the Investigation Commission;
3. Coordinating with departments responsible for policy support in relevant agencies;
4. Other matters instructed by the chairperson.
Article 5(Planning and Support Division) #
(1) A public official in general service with a rank of Grade III or IV shall be appointed as the director of Planning and Support Division.
(2) The director of the Planning and Support Division shall be responsible for the following matters:
1. Overall coordination of the duties of the Investigation Commission and the secretariat;
2. Convening and operating meetings of the Investigation Commission and other related meetings;
3. Operation and management of internal and external events of the Investigation Commission;
4. Organization and operation of the advisory body under Article 20 of the Act (hereinafter referred to as the "advisory body");
5. Enactment, amendment, and implementation of statutes and regulations related to the Investigation Commission and rules of the Investigation Commission;
6. Management of the organization and the personnel quota;
7. Management of requests for information disclosure and receipt and handling of misconduct reports;
8. Property registration of affiliated public officials;
9. Personnel affairs, including appointment, training, pensions, salaries, and other matters for affiliated employees;
10. Operation of customized welfare programs and general employee welfare;
11. Management of the service of affiliated employees;
12. Composition and operation of the disciplinary committee under Article 22(1) of the Act;
13. Security, access control to the building, and management of office space;
14. Management of official seals and seal registers;
15. Management of State-owned property and inventory, including property inspections;
16. Execution, settlement, and accounting of revenue and expenditure budgets;
17. Matters related to audits;
18. Receipt, dispatch, and sorting of official documents and mail;
19. Introduction, maintenance, and repair of information systems;
20. Establishment, maintenance, and repair of broadcasting and communication equipment;
Article 6(Truth-Finding Bureau) #
(1) The director of the Truth-Finding Bureau shall be deemed a public official in extraordinary civil service belonging to the Senior Civil Service, and the duty grade shall be Grade B.
(2) The Truth-Finding Bureau shall be comprised of the General Affairs and Coordination Division, Investigation Division 1, and Investigation Division 2; and the head of each Division shall be appointed as a public official in extraordinary civil service equivalent to Grade IV.
(3) The director of the General Affairs and Coordination Division shall be responsible for the following matters:
1. Management of general administrative affairs and services of the Bureau;
2. Planning and monitoring of the implementation status of the business affairs under the jurisdiction of the Bureau;
3. Reviewing agenda items regarding business affairs under the jurisdiction of the Bureau that are to be presented to the Investigation Commission;
4. Supporting the operation of subcommissions under Article 18(1) of the Act (limited to business affairs under the jurisdiction of the Bureau);
5. Filing accusations and requesting investigations under Article 30 of the Act, and imposing and collecting administrative fines under Article 80 of the Act;
6. Requesting an audit by the Board of Audit and Inspection under Article 32 of the Act;
7. Conducting hearings under Article 33 of the Act;
8. Reviewing, and improving the completeness of, investigation reports prepared by Investigation Division 1 and Investigation Division 2 regarding the truth-finding investigation (hereinafter referred to as the "investigation") into the October 29 Itaewon Disaster under Article 24 of the Act (hereinafter referred to as "investigation reports");
9. Conducting investigations and preparing investigation reports on matters not assigned to other divisions of the Bureau, as designated by the Investigation Commission chairperson;
10. Supporting the operation of advisory bodies regarding business affairs under the jurisdiction of the Bureau;
11. Preparing reports and written opinions regarding business affairs under the jurisdiction of the Bureau;
12. Other duties not falling under the jurisdiction of other divisions of the Bureau.
Article 7(Safe Society Bureau) #
(1) The director general of the Safe Society Bureau shall be appointed from among public officials in extraordinary civil service who are members of the Senior Executive Service; and the duty grade for the position shall be Class B.
(2) The Safety Society Bureau shall have the Disaster Safety Division, the Suffer Rights Protection Division, and the External Cooperation Division; the directors of the Disaster Safety Division and the External Cooperation Division shall be appointed as public officials in extraordinary civil service of a rank equivalent to Grade IV, and the director of the Sufferer Rights Protection Division shall be appointed as a public official in general service with a rank of Grade IV or technical Grade IV.
(3) The director of the Disaster Safety Division shall be responsible for the following matters:
1. Investigating the appropriateness of the entire process implemented by the State, etc. in relation to the October 29 Itaewon Disaster, including disaster prevention, preparedness, response, recovery, and other related stages;
2. Establishing measures or improving statutes, regulations, systems, policies, or practices related to disaster and safety management to prevent recurrence of disasters similar to the October 29 Itaewon Disaster;
3. Reviewing agenda items regarding business affairs under the jurisdiction of the Bureau that are to be presented to the Investigation Commission;
4. Supporting the operation of advisory bodies related to the business affairs under the jurisdiction of the Bureau;
5. Preparing reports and opinions regarding the business affairs under their jurisdiction.
(4) The director of the Sufferer Rights Protection Division shall be responsible for the following matters:
1. Investigating the actual conditions of damage and rights violations sustained by the sufferers and victims after the October 29 Itaewon Disaster, as well as relief measures;
2. Reviewing, improving, or establishing measures for supporting sufferers;
3. Supporting the operation of subcommissions related to the business affairs under the jurisdiction of the Bureau;
4. Preparing reports and opinions regarding the business affairs under their jurisdiction.
(5) The director of the External Cooperation Division shall be responsible for the following matters:
Article 8(Quota of public officials dispatched to Investigation Commission) #
(1) The quota of public officials dispatched to the Investigation Commission under Article 23(5) of the Act shall be 27.
(2) The rank-based quota of public officials under paragraph (1) shall be as specified in Appendix 2; in such cases, among the public officials prescribed in Appendix 2, 1 person (Grade V administrative official) shall be from 1 person (Grade VI information processing official or broadcasting and communications official) from the Ministry of Science and ICT, 1 person (Grade VI immigration official) from the Ministry of Justice, 8 persons from the Ministry of the Interior and Safety, consisting of 1 person (Grade III public official or Grade IV public official), 1 person (Grade V administrative official), 1 person (Grade V information processing official), 1 person (Grade V disaster and safety official or Grade V administrative official), 2 persons (Grade VI disaster and safety officials or Grade VI administrative officials), 1 person (Grade VII disaster and safety official or Grade VII administrative official), and 1 person (Grade VI librarian or records researcher), 1 person (Grade V administrative official) from the Ministry of Culture, Sports and Tourism, 2 persons from the Ministry of Health and Welfare, consisting of 1 person (Grade IV official for science and technology or Grade IV public official) and 1 person (Grade V health official or Grade V administrative official), 2 persons from the Ministry of Land, Infrastructure and Transport, consisting of 1 person (Grade VI facility official or Grade VI disaster and safety official), 1 from the Ministry of Planning and Budget (1 Administrative Officer), and 1 person (Grade VII facility official or Grade VII disaster and safety official), 2 persons from the Ministry of Personnel Management, consisting of 1 person (Grade V administrative official) and 1 person (Grade VI administrative official), 3 persons from the Public Prosecutors' Office, consisting of 2 persons (Grade VI prosecution officials) and 1 person (Grade VII prosecution official), 3 persons from the National Police Agency, consisting of 1 Senior Inspector and 2 Inspectors, and 3 persons from the National Fire Agency, consisting of 1 Fire Superintendent and 2 Fire Lieutenants. <Amended on Dec. 30, 2025>
Article 9(Investigation procedures and methods) #
(1) Where the Investigation Commission hears a statement under Article 28(1)2 of the Act (hereafter in this Article referred to as "statement hearing"), it shall prepare a written record of the hearing. In such cases, if necessary, the Investigation Commission may, with the consent of the person under investigation or a person for reference, have its staff record the content of the statement or video-record the scene of the statement.
(2) A statement hearing shall be conducted at the office of the Investigation Commission, except in cases of an on-site investigation under Article 28(1)6 of the Act (hereafter in this Article referred to as "on-site investigation"); provided, if requested by the person under investigation or a person for reference or if necessary, the hearing may be conducted at another location with the approval of the Investigation Commission chairperson.
(3) Where the Investigation Commission conducts an on-site investigation, it shall notify in advance the relevant institutions, facilities, or organizations of the date, location, and purpose thereof, and the commissioners and staff of the Investigation Commission participating in the on-site investigation shall present to the relevant persons identification specified in Appendix 3 verifying their authority.
(4) If the Investigation Commission deems it necessary, it may have relevant public officials or experts participate in the on-site investigation or seek opinions from domestic and foreign experts by means such as holding public hearings.
(5) Where the Investigation Commission determines that a person under investigation, a person for reference, or relevant evidence or materials is located outside the territory of the Republic of Korea, it may request cooperation from the relevant foreign government through diplomatic channels.
Article 10(Protection of witnesses) #
(1) The Investigation Commission shall not disclose the identity of any person who provides information or submits evidence or materials necessary to uncover the truth behind the October 29 Itaewon Disaster, unless such person has given prior consent.
(2) Where the Investigation Commission determines that any of its commissioners or staff, members of its advisory bodies, or witnesses, appraisers, or persons for reference related to the Commission's work is subject to or is likely to be subject to threats to their life or body from others, it may have its staff provide personal protection or request personal protection from the relevant authorities.
Article 11(Request for cooperation from State agencies) #
If necessary for performing the duties under the subparagraphs of Article 6(2) of the Act, the Investigation Commission may request cooperation from State agencies, local governments, or public institutions under Article 4 of the Act on the Management of Public Institutions.
Article 12(Term of office of commissioners of October 29 Itaewon Disaster Damage Relief Deliberation Commission) #
(1) The term of office of commissioners of the October 29 Itaewon Disaster Damage Relief Deliberation Commission (hereinafter referred to as the "Deliberation Commission") who are appointed from among the persons referred to in Article 51(1)1 through 4 of the Act under Article 50(1) of the Act shall be 2 years and may be renewed only once.
(2) A commissioner under paragraph (1) may continue to perform their duties until their successor is appointed, even after the expiration of their term.
Article 13(Disqualification, challenge, and recusal of commissioners of Deliberation Commission) #
(1) A commissioner of the Deliberation Commission shall be disqualified from participating in the deliberation or resolution of the Commission where any of the following applies:
1. Where the commissioner or their spouse or former spouse is a party to the relevant agenda item or is a joint obligee or joint obligor with a party to the agenda item;
2. Where the commissioner is or was a relative of a party to the relevant agenda item;
3. Where the commissioner has testified, made a statement, or given an expert opinion with respect to the relevant agenda item;
4. Where the commissioner is or was a legal representative of a party to the relevant agenda item;
5. Where the commissioner has participated in investigation, trial, or other remedy procedures under any other statute in connection with the relevant agenda item.
(2) A party to the agenda item subject to deliberation by the Deliberation Commission may file a request for challenge with the Commission if a ground for disqualification under paragraph (1) exists or if there is any circumstance that makes it impracticable to expect fair deliberation or resolution from the commissioner, and the Commission shall determine whether to grant such request by resolution, in which case the commissioner subject to the request for challenge shall not participate in the resolution.
(3) A commissioner of the Deliberation Commission shall voluntarily recuse themselves from the deliberation or resolution of the relevant agenda item if any ground under paragraph (1) or (2) applies to them.
(4) Where the Prime Minister determines that a commissioner of the Deliberation Commission falls under any of the grounds for disqualification under the subparagraphs of paragraph (1) or there exists any circumstance that renders it impracticable to expect fair deliberation, but the commissioner fails to voluntarily recuse themselves, the Prime Minister may dismiss or remove such commissioner.
Article 14(Meeting of the Deliberation Commission) #
(1) The chairperson of the October 29 Itaewon Disaster Damage Relief Deliberation Commission (hereinafter referred to as the "Deliberation Commission chairperson") shall convene and preside over the meetings of the Deliberation Commission.
(2) Where the Deliberation Commission chairperson is unable to perform their duties due to unavoidable circumstances, a commissioner of the Deliberation Commission designated in advance by the Deliberation Commission chairperson shall act on their behalf.
(3) A majority of the incumbent commissioners of the Deliberation Commission shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of the commissioners present.
Article 15(Allowance) #
Allowances and travel expenses may be paid, within the budget, to commissioners who attend meetings of the Deliberation Commission or review agenda items; provided, this shall not apply where a commissioner who is a public official attends a meeting or reviews an agenda item in direct relation to their official duties.
Article 16(Support organization of Deliberation Commission) #
A Support Group for the Relief and Remembrance of 10·29 Itaewon Disaster (hereinafter referred to as the "Support Group") shall be established to perform the business affairs of the Deliberation Commission in accordance with Article 51(3) of the Act.
Article 17(Detailed operational rules of Deliberation Commission) #
Except as provided in this Decree, matters necessary for the operation of the Deliberation Commission and the Support Group for the handling of its business affairs shall be determined by the Deliberation Commission chairperson through resolution of the Deliberation Commission.
Article 18(Application for recognition of sufferers and payment of relief payments) #
(1) A person who intends to be recognized as a sufferer due to the October 29 Itaewon Disaster under the former part of Article 52(1) of the Act (hereinafter referred to as the "applicant") shall submit to the Deliberation Commission an application for recognition as a sufferer and payment of relief payments in Form 1 (hereafter in this Article referred to as the "application form") along with the following documents; the same shall apply where the applicant simultaneously applies for the payment of relief payments under the latter part of Article 52(1) of the Act:
1. Documents proving that the applicant is a sufferer:
a. A certificate of family relations under Article 15(1)1 of the Act on Registration of Family Relations (limited to cases where the applicant is a bereaved family member);
b. A copy of the register of overseas Korean nationals under Article 7 of the Act on the Registration of Overseas Koreans (limited to cases where the applicant is an overseas Korean national);
c. Documents proving participation in emergency rescue or recovery at the time of the October 29 Itaewon Disaster (limited to cases falling under Article 2(3)b1) of the Act);
d. Documents proving that the applicant was operating a business or engaged in work in the vicinity of the site of the October 29 Itaewon Disaster at the time (limited to cases falling under Article 2(3)b2) of the Act);
e. Other documents equivalent to items a through d that can prove the applicant is a sufferer;
2. Where the victim or sufferer is a minor, a certificate of birth under Article 15(1)2 of the Act on Registration of Family Relations;
3. A copy of the bank account of a financial institution to receive the relief payment (applicable only where applying for the payment of the relief payment);
4. Other documents proving the damage and amount of damage caused by the October 29 Itaewon Disaster.
(2) Upon receipt of the application, the Deliberation Commission shall verify the certified copy of the resident registration record or the abstract thereof (limited to cases where such verification is not possible through the certified copy of the resident registration record) of the applicant through the administrative data matching system under Article 36(1) of the Electronic Government Act; provided, if the applicant does not consent to such verification, the applicant shall be required to attach the relevant document.
Article 19(Fact-finding investigation for recognition of sufferers) #
(1) The Deliberation Commission may conduct a fact-finding investigation as necessary under Article 52(4) of the Act, through methods such as visiting the site of the damage or interviewing the applicant and relevant persons; provided, in any of the following cases, the fact-finding investigation may be conducted based solely on the documents submitted under Article 18(1):
1. Where the damage and the amount of damage can be verified by the submitted documents alone;
2. Where the damage falls below the threshold amount determined by the Deliberation Commission;
3. Where the applicant has already received damage recovery or livelihood support under Article 66(3) of the Framework Act on the Management of Disasters and Safety.
(2) Where a fact-finding investigation is conducted under the main clause of paragraph (1), the Deliberation Commission may utilize materials such as the social disaster damage report submitted under Article 5(2) of the Regulations on the Standards for Payment of Expenses for Social Disaster Relief and Recovery.
(3) The Deliberation Commission may, if necessary for the fact-finding investigation under paragraph (1), seek opinions from experts or other relevant individuals.
(4) A person who provides a statement to the Deliberation Commission under Article 52(5) of the Act, or an expert who submits an opinion under paragraph (3), may be paid allowances and travel expenses within the budget.
Article 20(Decision and delivery of decision document) #
(1) When the Deliberation Commission makes a decision on whether to recognize a person as a sufferer and whether to pay a relief payment under Article 52(3) of the Act, it shall prepare a decision document on the recognition of a sufferer and the payment of a relief payment in Form 2 (hereafter in this Article referred to as the "decision document"), which shall state the matters set forth in the following subparagraphs and bear the official seal of the Deliberation Commission:
1. Name, date of birth, and address of the applicant;
2. Date of decision;
3. Details of the decision;
4. Grounds for the decision.
(2) Upon preparing the decision document, the Deliberation Commission shall, without delay, serve the applicant (including the legal representative or an appointed agent, if any) with the original copy of the decision document attached to a notice of decision on the recognition of a sufferer and the payment of a relief payment in Form 3.
(3) With respect to the service under paragraph (2), the provisions on service under the Civil Procedure Act shall apply mutatis mutandis.
Article 21(Reconsideration) #
(1) A person who intends to request a reconsideration under Article 53(1) of the Act shall submit to the Deliberation Commission an application for reconsideration of recognition as a sufferer and payment of a relief payment in Form 4, along with documents and materials evidencing the grounds for the request.
(2) Where the application for reconsideration under paragraph (1) is incomplete, Article 18(3) shall apply mutatis mutandis to the request for supplementation and the exclusion of the supplementation period from the period for rendering a reconsideration decision, in which case "the period for making a decision on whether to recognize the applicant as a sufferer and pay relief payments under Article 52(3) of the Act" shall be construed as "the period for making a decision on reconsideration under Article 53(2) of the Act."
(3) Where the Deliberation Commission makes a decision on reconsideration under Article 53(2) of the Act, it shall prepare a reconsideration decision document on the recognition of a sufferer and the payment of a relief payment in Form 5 (hereinafter referred to as the "reconsideration decision document"), stating the following matters:
1. Name, date of birth, and address of the applicant;
2. Date of decision;
3. Details of the decision;
4. Grounds for the decision.
(4) Upon preparing the reconsideration decision document, the Deliberation Commission shall, without delay, serve the applicant (including the legal representative or an appointed agent, if any) with the original copy of the reconsideration decision document attached to the notice of decision on reconsideration of recognition as a sufferer and payment of a relief payment in Form 6.
(5) With respect to the service under paragraph (4), the provisions on service under the Civil Procedure Act shall apply mutatis mutandis.
Article 22(Scope of payment of livelihood support payments) #
(1) A livelihood support payment under Article 57(1)1 of the Act (hereinafter referred to as "livelihood support payment") shall be provided based on the number of household members to which the victim or the sufferer under Article 2(3)b of the Act belongs; provided, among the parents, children, or siblings (if the victim or sufferer has no parent or child, referring to persons within the fourth degree of kinship) of a victim or a sufferer under Article 2(3)b of the Act who do not belong to the same household, persons recognized as in need of livelihood support due to their participation in relief activities related to the October 29 Itaewon Disaster may be included in the number of household members by resolution of the Deliberation Commission.
(2) The criteria for paying livelihood support payments shall be based on the cost necessary to assist the living expenses of the household members to which the victim or sufferer belongs under paragraph (1), and the specific criteria shall be determined by the Deliberation Commission.
(3) Livelihood support payments may be made in a lump sum or in installments.
(4) The Minister of the Interior and Safety may pay livelihood support payments through the Special Metropolitan City Mayor, the Special Self-Governing Province Governor (excluding a Special Self-Governing Province Governor having jurisdiction over a Si or Gun that is a local government; hereafter in this Article the same shall apply), or the heads of Si/Gun/Gu (referring to the head of an autonomous Gu; hereafter in this Article the same shall apply) having jurisdiction over the address of the person eligible for payment.
(5) The Minister of the Interior and Safety, the Special Metropolitan City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request the head of a relevant administrative agency or a relevant person to submit materials for the purpose of verifying eligibility for livelihood support payments, and unless there is a compelling reason not to do so, such head or person shall comply with the request.
(6) Except as provided in paragraphs (1) through (5), matters necessary for the payment of livelihood support payments shall be determined by the Deliberation Commission.
Article 23(Scope and period of payment of medical relief payments) #
(1) The scope of a medical relief payment under Article 57(1)2 of the Act (hereinafter referred to as "medical relief payment") shall include expenses incurred by a sufferer due to the October 29 Itaewon Disaster for the treatment of physical or mental illness, injury, and their aftereffects, and for nursing care or the purchase and use of assistive devices (limited to expenses incurred by October 28 2032); provided, where the medical expenses related to such illness, injury, or aftereffects have been supported under other statutes or regulations, such expenses shall be excluded.
(2) Except as provided in paragraph (1), matters necessary for the specific scope, methods, and procedures for the payment of medical support payments shall be determined by the Deliberation Commission.
Article 24(Details of support for psychological counseling) #
(1) The support under Article 58(1) of the Act shall include the detection of mental illness in sufferers, psychological counseling, and social rehabilitation training.
(2) The heads of relevant central administrative agencies and local governments may provide psychological evaluation and counseling for sufferers through a mental health welfare center under Article 15 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients (hereinafter referred to as "mental health welfare center"), the National Trauma Center under Article 15-2(1) of that Act (hereinafter referred to as the "National Trauma Center"), and a regional trauma center under paragraph (3) of that Article (hereinafter referred to as "regional trauma center").
(3) The heads of relevant central administrative agencies and local governments may implement the support under Article 58(1) of the Act in connection with the counseling support under Article 66(5) of the Framework Act on the Management of Disasters and Safety.
(4) Except as provided in paragraphs (2) and (3), matters necessary for the support for psychological counseling, etc. shall be determined by the Deliberation Commission.
Article 25(Support for medical examination and treatment of psychological symptoms and mental illness) #
(1) The support under Article 59(1) of the Act to enable a sufferer to receive a medical examination or treatment for psychological symptoms and mental illnesses that have worsened due to the October 29 Itaewon Disaster shall include the following:
1. Support for medical examinations at specialized medical institutions, etc., as necessary to accurately assess and appropriately treat the psychological symptoms and mental illnesses of a sufferer;
2. Provision of information and counseling services to enable a sufferer to receive necessary treatment such as consultation with a psychiatrist, medication, or psychological therapy;
3. Provision of customized treatment and management programs for a sufferer requiring long-term care;
4. Other types of support deemed necessary for the examination and treatment of psychological symptoms and mental illnesses.
(2) Where the head of a mental health welfare center, the head of the National Trauma Center, or the head of a regional trauma center determines that a medical examination or treatment is necessary based on the psychological counseling support under Article 24, they may request a medical institution to examine or treat the sufferer.
(3) Where a sufferer receives a medical examination or treatment under paragraph (1), the head of a relevant central administrative agency may provide full or partial financial support for the associated costs (limited to expenses incurred by October 28 2032).
(4) Except as provided in paragraphs (1) through (3), matters necessary for supporting the examination and treatment of psychological symptoms and mental illnesses shall be determined by the Deliberation Commission.
Article 26(Application for medical leave of absence) #
(1) A worker who intends to apply for a medical leave of absence under Article 60(1) of the Act (hereinafter referred to as "medical leave of absence") shall submit an application for medical leave of absence in Form 7 to their employer at least 30 days prior to the scheduled commencement date of the leave. In such cases, the employer may, if necessary, request the worker to submit documents proving that they are a sufferer.
(2) An employer who receives an application for medical leave of absence under paragraph (1) shall, within 10 days from the date of receipt, determine whether the applicant is a sufferer in need of such leave and shall notify the worker and the head of the competent employment security agency having jurisdiction over the location of the workplace (referring to a local employment and labor administration agency under Article 2-2(1) of the Employment Security Act or an employment security agency established by the Governor of Jeju Special Self-Governing Province under Article 395(1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City), using the notice of medical leave of absence in Form 8.
(3) A worker who has applied for a medical leave of absence shall, in any of the following cases, submit a request for modification of medical leave of absence in Form 9 to the employer at least 7 days prior to the relevant date as specified in each of the following subparagraphs:
1. Where the worker intends to change the scheduled commencement date of the medical leave of absence: The newly scheduled commencement date;
2. Where the worker intends to extend the period of the medical leave of absence: The original expiration date of the leave;
3. Where the worker intends to shorten the period of the medical leave of absence: The new expiration date of the leave;
4. Where the worker intends to withdraw the medical leave of absence: The originally scheduled commencement date.
Article 27(Payment of employment retention costs for workers on medical leave of absence) #
(1) Employment retention costs under Article 61(1) of the Act for a worker who takes a medical leave of absence (hereinafter referred to as "employment retention costs") shall consist of the following:
1. Costs to compensate, in whole or in part, for payments made by the employer to the worker on medical leave of absence (hereinafter referred to as "worker on leave") during the period of such leave;
2. Where the employer hires a replacement worker after the date the employee applies for medical leave of absence and employs the replacement for at least 30 consecutive days, a portion of the wages paid to the replacement worker.
(2) Employment retention costs shall be calculated based on the following criteria; in such cases, the period of medical leave of absence and the period of replacement employment shall be calculated in months, and any remaining days shall be calculated on a pro rata basis based on a 30-day month:
1. For the costs under paragraph (1)1: The amount determined by the Deliberation Commission multiplied by the duration of the medical leave of absence;
2. For the costs under paragraph (1)2: The amount determined by the Deliberation Commission multiplied by the duration of the replacement employment.
(3) An employer who intends to receive employment retention costs shall submit an application for payment of employment retention costs for a worker on medical leave of absence in Form 10 to the head of the employment security agency having jurisdiction over the location of the workplace by the following deadlines:
1. Where the employer applies after the end of the leave: By the end of the month following the month in which the medical leave of absence ends;
2. Where the employer applies before the end of the leave: By the end of the month following the month in which each 1-month period from the start date of the leave falls.
(4) The employer shall attach the following documents to the application under paragraph (3):
1. A copy of the application for medical leave of absence;
2. Documents proving that the worker has taken a medical leave of absence;
3. A copy of the application for modification of medical leave of absence (only if such an application was submitted);
Article 28(Scope of persons in need of emergency aid) #
(1) "Persons prescribed by Presidential Decree" in Article 62(1) of the Act means persons in need of emergency aid who require livelihood support under Article 9(1)a of the Emergency Welfare Support Act (hereinafter referred to as "persons in need of emergency aid").
(2) The amount of emergency aid provided to persons in need of emergency aid shall be determined in accordance with the standards publicly notified by the Minister of Health and Welfare under the main clause of Article 2(2) of the Enforcement Decree of the Emergency Aid and Support Act.
(3) The period of support for persons in need of emergency aid shall not exceed 6 months, which is the maximum period for livelihood support under the latter part of Article 10(3) of the Emergency Aid and Support Act.
(4) Where necessary to provide support for persons in need of emergency aid, an emergency aid institution under Article 6 of the Emergency Aid and Support Act may request the head of a relevant administrative agency or any relevant person to submit related materials. In such cases, the head of the relevant administrative agency or the relevant person shall comply with such request unless there is a good cause not to do so.
(5) Except as provided in paragraphs (1) through (4), matters necessary for the standards, methods, and procedures of support for persons in need of emergency aid shall be governed by the Emergency Aid and Support Act.
Article 29(Priority provision period of child care services) #
(1) The period for the priority provision of child care services under Article 62(2) of the Act shall be 5 years from the enforcement date of this Decree.
(2) The methods and procedures for providing child care services under Article 62(2) of the Act shall be governed by the Child Care Support Act.
Article 30(Protection and support measures for minor sufferers) #
(1) The heads of the relevant central administrative agencies and the heads of local governments having jurisdiction over the addresses of minor sufferers whose legal guardians died or whose status is unknown due to the October 29 Itaewon Disaster (hereafter in this Article referred to as "minor sufferers") shall, under Article 62(3) of the Act, establish protection and support measures for such minor sufferers within 6 months from the enforcement date of this Decree, and finalize such measures after deliberation by the Deliberation Commission.
(2) The heads of the relevant central administrative agencies and the heads of the competent local governments may provide financial support necessary for implementing the protection and support measures under paragraph (1), within the budget.
Article 31(Legal support for sufferers) #
(1) The Minister of the Interior and Safety may provide sufferers with necessary legal consultation and representation in civil litigation during an ex officio investigation or application-based investigation process and during the damage relief process including applications for recognition of suffers under Article 52 of the Act.
(2) The Minister of the Interior and Safety may request the Korea Legal Aid Corporation under Article 8 of the Legal Aid Act and the Korean Bar Association under Article 78 of the Attorney-at-Law Act to provide the support referred to in paragraph (1) (hereafter in this Article referred to as "legal support") to sufferers.
(3) The Minister of the Interior and Safety may bear the expenses incurred for legal support within the budget.
(4) Except as provided in paragraphs (1) through (3), matters necessary for legal support shall be determined by the Deliberation Commission.
Article 32(Support for the implementation of community recovery programs) #
(1) A community recovery program, the whole or part of the costs of which may be subsidized under Article 65(2) of the Act (hereinafter referred to as the "Program"), shall be any of the following:
1. Education related to community recovery;
2. Various counseling and advisory services for community recovery;
3. Any other program deemed necessary by the Deliberation Commission to promote psychological stability of sufferers and residents of affected areas and to recover the community.
(2) The period during which the whole or part of the costs necessary for participation in the Program is subsidized under Article 65(2) of the Act shall be 3 years. In such cases, the Deliberation Commission may adopt a resolution each year on whether to continue the subsidy and extend the period.
(3) Except as provided in paragraphs (1) and (2), matters necessary for subsidizing the costs required for participation in the Program shall be determined by the Deliberation Commission.
Article 33(Facilities and equipment of memorial hall) #
(1) "Facilities and equipment prescribed by Presidential Decree" in Article 67(2) of the Act means facilities and equipment necessary for collecting, preserving, managing, exhibiting, investigating, or researching materials related to the October 29 Itaewon Disaster; facilities and equipment for information and communications; and facilities and equipment necessary for handling the business affairs of the memorial hall.
(2) Detailed matters regarding the facilities and equipment of the memorial hall under paragraph (1) shall be determined by the Commission to Commemorate Victims of the October 29 Itaewon Disaster under Article 68(1) of the Act.
Article 34(Composition of Commission to Commemorate Victims of the October 29 Itaewon Disaster) #
(1) Commissioners of the Commission to Commemorate Victims of the October 29 Itaewon Disaster under Article 68(1) of the Act (hereinafter referred to as the "Memorial Commission") shall be appointed or commissioned by the Prime Minister from among the following persons:
1. Relevant public officials falling under any of the following items:
a. The heads of relevant administrative agencies;
b. The heads of metropolitan governments where memorial programs are performed;
2. A person falling under any of the following items, as recommended by an organization of bereaved families and have extensive knowledge and experience:
a. A person who has worked for at least 5 years in the field of human rights, including service at the National Human Rights Commission of Korea or in a nonprofit private organization, corporation, or international organization in the field of human rights;
b. A person who has worked for at least 5 years in the fields of disaster and safety management or commemorative facilities;
c. A person who has served for at least 5 years in a position equivalent to or higher than associate professor in a college or an accredited research institution in a relevant field, such as disaster and safety, urban planning, architecture, environment, landscaping, education, or culture;
e. A person who holds the qualifications of an attorney-at-law and has at least 5 years of experience in a relevant field of work;
3. A bereaved family member under subparagraph 3a of Article 2 of the Act.
(2) Where a commissioner of the Memorial Commission appointed from among the persons referred to in paragraph (1)1 is unable to attend a meeting due to unavoidable circumstances, a public official designated by such commissioner may attend the meeting as a proxy and perform the duties of the commissioner.
(3) The term of office of a commissioner of the Memorial Commission commissioned from among the persons referred to in paragraph (1)2 and 3 shall be 2 years and may be renewed only once.
(4) A commissioner of the Memorial Commission commissioned from among the persons referred to in paragraph (1)2 and 3 may continue to perform their duties until a successor is commissioned, even after the expiration of the term of office under paragraph (3).
Article 35(Duties of Memorial Commission chairperson) #
(1) The chairperson of the Memorial Commission (hereinafter referred to as the "Memorial Commission chairperson") shall represent the Memorial Commission and have general supervision and control its duties.
(2) If the Memorial Commission chairperson is unable to perform their duties due to unavoidable circumstances, a commissioner of the Memorial Commission designated in advance by the Memorial Commission chairperson shall act on their behalf.
Article 36(Meetings of Memorial Commission) #
(1) A meeting of the Memorial Commission shall be convened by the Memorial Commission chairperson if they deem it necessary, or upon the request of at least 1/3 of the incumbent commissioners of the Memorial Commission.
(2) Where the Memorial Commission chairperson intends to convene a meeting, they shall notify each commissioner of the date, venue, and agenda of the meeting at least 3 days in advance; provided, in cases of emergency, such notification may be given by the day before the meeting.
(3) A majority of the commissioners of the Memorial Commission shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present.
(4) Relevant institutions, including central administrative agencies and local governments, shall actively cooperate in implementing the matters resolved by the Memorial Commission.
Article 37(Requests for cooperation from relevant institutions) #
(1) Where necessary for the operation of the Memorial Commission or for the performance of duties by the support group for handling the business affairs of the Memorial Commission, the Memorial Commission chairperson may request the dispatch of public officials from relevant central administrative agencies and local governments, or the dispatch of executives or employees from public institutions under Article 4 of the Act on the Management of Public Institutions.
(2) Where deemed necessary for the performance of its duties, the Memorial Commission may request public officials of relevant administrative agencies, executives or employees of relevant institutions or organizations, or other experts to attend its meetings and state their opinions, or may request the submission of data or opinions or other forms of cooperation. In such cases, a person who receives a request from the Memorial Commission shall comply with the request, unless there is a compelling reason not to do so.
Article 38(Allowances) #
Allowances and travel expenses may be paid, within the budget, to commissioners, public officials of relevant administrative agencies, executives or employees of relevant institutions or organizations, and other experts who attend the Memorial Commission or review its agenda items; provided, this shall not apply where a public official attends the Memorial Commission or reviews an agenda item in direct relation to their official duties.
Article 39(Support organization of Memorial Commission) #
The support group shall handle the business affairs of the Memorial Commission, including the collection and review of materials necessary for deliberation and resolution under Article 68(5) of the Act, and the promotion of memorial programs.
Article 40(Operating Rules of the Memorial Commission) #
Except as provided in this Decree, matters necessary for the operation of the support group for handling the business affairs of the Memorial Commission, and for the operation of the Memorial Commission shall be determined by the Memorial Commission chairperson, subject to resolution by the Memorial Commission.
Article 41(Special cases concerning establishment of memorial facilities) #
(1) Where the head of a relevant central administrative agency or the head of a local government intends to establish a memorial park, memorial hall, or memorial monument (hereinafter referred to as "memorial facility") under Article 70(1) of the Act, they shall prepare a plan for the development or construction of the memorial facility and submit it to the Memorial Commission.
(2) The Memorial Commission shall adopt a resolution on the plan for the development or construction of the memorial facility under paragraph (1).
Article 42(Procedures for receiving donated money or goods) #
(1) Where the foundation under Article 71(1) of the Act (hereinafter referred to as the "Foundation") receives donated money or goods under Article 72(1) of the Act, it shall receive such donations by depositing them into an account at a postal service agency or financial institution, and shall immediately issue a receipt to the donor; provided, where the donation is made anonymously or the donor cannot be identified, a receipt may not be issued.
(2) Upon receiving donated money or goods under paragraph (1), the Foundation shall manage them in a separate account.
(3) If a donor designates a specific purpose for the use of the donated money or goods, the Foundation shall use them solely for that purpose; provided, if any of the following applies, the Foundation may, with the donor's consent, use them for a similar purpose:
1. Where the designated purpose cannot be achieved using the donation;
2. Where there is a remaining amount after the donation has been used for the designated purpose.
(4) The Foundation shall keep ledgers regarding the status of receipt and use of donated money or goods and shall make them available for review by donors.
(5) The Foundation shall disclose the status of receipt and program performance for the previous year's donations on its website by the end of February each year.
Article 43(Processing of sensitive information and personally identifiable information) #
Where unavoidable for the performance of any of the following duties, the Investigation Commission, the Deliberation Commission, the heads of relevant central administrative agencies, the heads of relevant local governments, and the head of an employment security agency may process data containing information on health under Article 23 of the Personal Information Protection Act, or resident registration numbers, passport numbers, or alien registration numbers under Article 19(1)1, 2, or 4 of the Enforcement Decree of that Act:
1. Duties related to investigations;
2. Duties related to applications for recognition as sufferers under Article 52 of the Act;
3. Duties related to reconsideration under Article 53 of the Act;
4. Duties related to examinations and treatment support for psychological symptoms or mental illnesses under Article 59 of the Act;
5. Duties related to medical leave of absence for workers under Article 60 of the Act;
6. Duties related to the payment of employment retention costs under Article 61 of the Act.
Article 44(Criteria for imposition of administrative fines) #
The criteria for the imposition of administrative fines under Article 80(1) and (2) of the Act shall be as specified in Appendix 4.