Republic of Korea: Protection of Defecting North Korean Residents and Support of Their Settlement Act, 1997

Article 1 (Purpose)

The purpose of this Act is to specify such matters relating to protection and support as are necessary to help North Korean residents defecting from the area north of the Military Demarcation Line (hereinafter referred to as "North Korea")            and desiring protection from the Republic of Korea, to adapt themselves to, and settle down as quickly as possible in, all spheres of their life, namely, political, economic, social and cultural life.

Article 2 (Definitions)

For the purpose of this Act,

1.         "Defecting North Korean residents" mean persons who have their residence, lineal descendants, spouses and workplaces in North Korea and who have not acquired any foreign nationality after defecting from North Korea.

2.         "Protected persons" mean defecting North Korea residents who are provided care and support pursuant to this Act.

3.         "Settlement support facilities" mean facilities set up and operated to provide protection of and settlement support for protected persons pursuant to the provision of Article 10, Paragraph 1.

4.         "Protection money or articles" mean money or goods paid, delivered or lent to protected persons pursuant to this Act

Article 3 (Scope of Application)

This Act shall apply to defecting North Korean residents who have expressed their intention to be protected by the Republic of Korea.

Article 4 (Basic Principles)

(1)        The Republic of Korea shall provide protected persons with special care on the basis of humanitarianism.

(2)        Protected persons shall strive to lead a healthy and cultural life by adapting themselves to the free and democratic legal order of the Republic of Korea.

Article 5 (Criteria for Protection, etc.)

(1)        The criteria for the provision of the care of and support for protected persons shall reasonably be determined in consideration of their age, composition of the household, school education, personal career, self—supporting ability, health conditions and personal possessions.

(2)        The protection and settlement support stipulated under this Act shall, as a matter of principle, be provided on the basis of the individual, but may, where deemed necessary, be given on the basis of the household.

(3)        Protected persons shall be provided with care for one year at settlement support facilities and for two years at the place of residence. However, where there exist special grounds, the respective period of protection may be curtailed or extended following the deliberations by the Consultative Council on Defecting North Korean Residents as stipulated under the provision of Article 6.

Article 6 (Consultative Council on Defecting North Korean Residents)

(1)        There shall be established under the Ministry of National Unification the Consultative Council on Defecting North Korean Residents(hereinafter referred to as "Consultative Council") to deliberate on and coordinate policies on defecting North Korean Residents (hereinafter referred to as "Consultative Council") to deliberate on and coordinate policies on defecting North Korean residents and to deliberate on such matters relating to their protection and settlement support as stipulated in the following Subparagraphs.

1.         Matters relating to protection and curtailment or extension of the period of settlement support as prescribed under the provision of the proviso of Article 5, Paragraph 3.

2.         Matters relating to such decision on protection as prescribed under the provision of the text of Article 8, Paragraph 1.

3.         Matters relating to protection and to the suspension or termination of settlement support as prescribed under the provision of Article 27, Paragraph 1.

4.         Matters relating to measures such as correction, etc. as prescribed under the provision of Article 32, Paragraph 2.

5.         Such other matters relating to the care of and settlement support for protected persons as prescribed by the Presidential Decree.

(2)        The Consultative Council shall be comprised of members not exceeding twenty persons including a Chairman.

(3)        The Chairman shall be the Vice Minister of National Unification and exercise overall control and supervision of the affairs of the Consultative Council.

(4)        Such other matters as are necessary for the composition and operation of the Consultative Council shall be determined by the Presidential Decree.

Article 7 (Application for Protection)

(1)        Any Person who has defected from North Korea and desires to be protected under this Act shall apply for protection to the head of an overseas diplomatic or consular mission(including the commander of a military unit of different levels. This shall hereinafter be referred to as "head of an overseas diplomatic or consular mission, etc.").

(2)        The head of an overseas diplomatic or consular mission, etc. who receives such an application for protection as stipulated under the provision of Paragraph 2 shall without delay inform the fact to the Minister of National Unification and the Director of the Agency for National Security Planning via the head of the central administrative agency to which he belongs.

(3)        The Director of the Agency for National Security Planning notified pursuant to the provision of Paragraph 2 shall take provisional protective measures or other necessary steps and shall without delay inform the Minister of National Unification of the result.

Article 8 (Decision on Protection, etc.)

(1)        The Minister of National Unification shall, when he receives such a notice as stipulated under the provision of Article 7, Paragraph 3, decide on the admissibility of the application for protection following the deliberations of the Consultative Council. However, in the case of a person who is likely to attest national security to a considerable extent, the Director of the Agency for National Security Planning shall decide on the admissibility of the application, and inform or notify the Minister of National Unification and the protection applicant of the decision without delay.

(2)        Where the Minister of National Unification has decided on the admissibility of an application pursuant to the provision of the text of Paragraph 1, he shall without delay inform the head of an overseas diplomatic or consular mission, etc. via the relevant central administrative agency of the decision, and the head of an overseas diplomatic and consular mission, etc. informed as such shall without delay notify the applicant of the decision.

Article 9 (Criteria for a Protection Decision)

In determining whether or not to provide protection pursuant to the provision of the text of Article 8, Paragraph 1, such persons as stipulated in the following Subparagraphs may not be determined as protected persons.

1.         International criminal offenders involved in aircraft hijacking, drug trafficking, terrorism or genocide, etc.

2.         Offenders of nonpolitical, serious crimes such as murder, etc.

3.         Suspects of disguised defection

4.         Persons who have for a considerable period earned their living in their respective country of domicile; and

5.         Such other persons as recognized by the Presidential Decree as unfit for the designation as protected persons.

Article 10 (Setting up of Settlement Support Facilities)

(1)        The Minister of National Unification shall set up and operate settlement support facilities to provide care and settlement support for protected persons. However, in respect of the persons for whom the Director of the Agency for National Security Planning has decided to provide protection pursuant to the provision of the proviso of Article 8, Paragraph 1, the Director may set up and operate separate settlement support facilities.

(2)        Matters necessary in relation to the types, management and operation of settlement support facilities shall be determined by the Presidential Decree.

Article 11 (Protection, etc. at Settlement Support Facilities)

(1)        The head of the institution who sets up and operates settlement support facilities as stipulated under the provision of Article 10, Paragraph l shall provide care to protected persons until they move into such accommodation as stipulated under the provision of Article 22, Paragraph 1.

(2)        The head of the institution referred to under the provision of Paragraph 1 may, pursuant to the determination of the Presidential Decree, grant protection money or articles to the protected persons taken care of at settlement support facilities.

(3)        The head of the institution as referred to under the provision of Paragraph 1 may, whilst the protected persons are taken care of at settlement support facilities, confirm their identity and the motive for defection from North Korea, conduct medical checkup or take such other measures as necessary for settlement support.

Article 12 (Personal Identification Register)

(1)        The head of the institution setting up and operating settlement support facilities pursuant to the provision of Article 10, Paragraph 1 shall, when he has decided to provide protection pursuant to the provision of Article 8, Paragraph 1, administer and keep a personal identification register on which are entered such necessary particulars as permanent domicile, family relations and personal career, etc. of protected persons as stipulated by the Presidential Decree.

(2)        The Minister of National Unification shall administer and keep an integrated personal identification register combining all other registers. For the purpose of this, the Director of the Agency for National Security Planning shall inform the Minister of National Unification of such particulars as entered on the personal identification register which he administers and keeps pursuant to the provision of Paragraph 1.

Article 13 (Recognition of Academic Qualifications)

Protected persons may, in accordance with the determination of the Presidential Decree, be granted recognition of the academic qualifications corresponding to their respective levels of school education received in North Korea or foreign countries.

Article 14 (Recognition of Other Qualifications)

Protected persons may, in accordance with the determination of relevant Acts, Decrees or Orders, be granted recognition of the qualifications corresponding to all or part of those which they acquired in North Korea or foreign countries.

Article 15 (Social Adaptation Education)

The Minister of National Unification may, pursuant to the determination of the Presidential Decree, offer protected persons with such education as deemed necessary for them to settle down in the Republic of Korea.

Article 16 (Vocational Training)

The Minister of National Unification may provide protected persons desiring to receive vocational training with such training as prescribed by the Presidential Decree.

Article 17 (Arrangements for Employment)

1. After the person or persons under protection moves out from the resettlement support facilities and into their respective places of residence, in accordance to presidential decree, the Minister of Unification shall place those persons under employment protection for two years starting from their first day of employment.

2. The Minister of Unification can provide the employers of those recognized as protected persons under the regulations of condition one with employment support funds that is within 1/2 of the employee's salary under the presidential decree.

3. Employers shall recognize any previous occupational status and experience that the protected persons may have had while in North Korea and should be earnestly considered for his/her employment.   

4. The Minister of Unification can support employers who have displayed outstanding achievement in the employment of protected persons by means of purchase preference and privileges over products under the selection by presidential decree. 

5. The Minister of Unification, under the selection by presidential decree, can assist in the employment of protected persons.

Article 17 -2

Minister of Unification can, by the decision of presidential decree, limit employment protection if the protected person or persons fall under any one of the conditions below, despite the regulations stipulated under clause 1 of article 17.

1. If he/she, without proper reason, does not accept employment with the company introduced and brokered by the minister of unification.

2. If he/she, without proper reason, arbitrarily resigns from the assigned workplace before completing the minimal requirement for work hours.

3. If he/she is dismissed from the place of employment for neglect of duty or other illicit conducts. 

Article 17-3

The Minister of Unification can, in accordance to the decision by presidential decree, provide agricultural training, field experience or any other forms of support for agricultural settlement to any protected person or persons who wish to engage in agricultural occupations.

Article 18 (Special Appointments)

(1)        Protected persons who, as former public servants of North Korea, desire to be named as public servants of the Republic of Korea, may on a selective basis be appointed public servants of the central or local governments in consideration of their position held before defecting from North Korea, duties charged and personal career.

(2)        Protected persons who, as former soldiers of North Korea, desire to be reassigned to the Republic of Korea's armed forces may be granted special appointment in consideration of their former rank and position held before defecting from North Korea as well as of their personal career.

(3)        Matters necessary in relation to such special appointments as stipulated under the provision of Paragraph 1 or Paragraph 2 shall be prescribed by the Presidential Decree.

Article 19 (Special Cases of Acquiring of Permanent Domicile)

(1)        The Minister of National Unification shall, in respect of a protected person who has no permanent domicile in the area south of the Military Demarcation Line, help him determine a permanent domicile having a regard for his intention, and submit to the Seoul District Family Court an application form for permission to acquire a permanent domicile.

(2)        To the application form for permission to acquire a permanent domicile as stipulated under Paragraph 1 shall be attached a transcript of the personal identification register of the protected person which is kept pursuant to the provision of Article 12, Paragraph 1, and an identity card which is kept by reference to the method of filling in the family register.

(3)        The Seoul District Family Court shall, when it receives an application form for permission to acquire a permanent domicile, decide without delay on its admissibility, and shall, when it determines in favor of the application, send off a transcript of the permission to the head of the city(referring to a city without any metropolitan district. The same shall apply to the following provisions.), metropolitan district, town or village exercising administrative jurisdiction over the permanent domicile in question.

(4)        The head of a city, metropolitan district, town or village shall, when he receives the transcript pursuant to the provision of Paragraph 3, shall without delay make up a new family register, and inform, by attaching a transcript thereof, such particulars as the entries of declaration for the family register to the city mayor, the county or metropolitan district head exercising administrative jurisdiction over the domicile of the protected person.

Article 20 (Accommodation Support, etc.)

(1)        The Minister of National Unification may provide accommodation support for protected persons as stipulated by the Presidential Decree.

(2)        A protected person who is provided with accommodation support as stipulated under the provision of Paragraph 1 shall neither transfer the ownership, lease on deposit basis or leasehold (hereinafter referred to a "ownership, etc.") acquired as a result of the accommodation support nor settle mortgage on the property within the period of two years from the date of the moving - in declaration for residents registration, save in the case of permission of the Minister of National Unification.

(3)        The Minister of National Unification shall by proxy of protected persons apply for the registration of owner ship, etc. as stipulated under the provision of Paragraph 2. In this case, there shall be entered in the registration application form the purport to the effect that transfer or settlement of mortgage shall be prohibited in respect of ownership, etc.

Article 21 (Payment of Settlement Money, etc.)

(1)        The Minister of National Unification may dispense settlement money in consideration of settlement conditions of protected persons and their ability to earn a living.

(2)        The Minister of National Unification may grant protected persons due compensation for the information or equipment(including cash and precious stones or metals easily convertible into cash) which they have brought with them, by grading them according to their practical value.

(3)        Matters necessary in relation to the criteria for and procedure, etc. of the payment of such settlement money and compensation as stipulated under the provisions of Paragraph 1 and Paragraph 2 shall be determined by the Presidential Decree.

Article 22 (Protection of the Place of Residence)

(1)        The Minister of National Unification may provide protected persons with such care as necessary for the settlement of grievances which may arise in the course of their settling down and making a living on their own after moving into the place of residence from settlement support facilities and for their self—support and settlement.

(2)        The Minister of National Unification may, after consultation with the Minister of Home Affairs, delegate the protection service to the head of the local government (hereinafter referred to as "local government head") exercising administrative jurisdiction over the place of residence of the protected person.

Article 23 (Obligation to Report)

The local government head shall report half—yearly to the Minister of National Unification via the Minister of Home Affairs the actual situation of settlement involving protected persons as prescribed by the Presidential Decree.

Article 24 (Educational Support)

The Minister of National Unification may provide protected persons with such support as are necessary for education in consideration of their age, academic aptitude and other educational conditions as prescribed by the Presidential Decree.

Article 25 (Medical Care)

Medical care may be provided to protected persons and their family members as prescribed by the Medical Care Act.

Article 26 (Support for Minimum Living Standards)

Notwithstanding the provision of Article 3 of the Protection of Minimum Living Standards Act, any person who runs into difficulty in earning a living after the termination of such protection as stipulated under the provision of Article 11 may, upon his application, be provided within the period of five years with such protection as stipulated under the provisions of Article 7 to Article 14 of the same Act.

Article 26 -2

1. If he/she was between the ages of fifty and sixty when protection was first issued under the regulations of article 8, despite the regulations of article 56 under the National Pension Law, the person or persons shall be eligible for national pension grants once he/she meets the conditions stipulated below.

(1) For anyone below the age of sixty who is in between their fifth and tenth year of membership: On the day he/she reaches the age of sixty.

(2) For anyone above the age of sixty who is in their fifth year of membership: On the day the person or persons lose his/her membership eligibility.

2. The amount of national pension appropriated under the regulations of condition one shall be the sum of what includes an additional supplementary pension equal to 250/1000 of the basic pension amount. When one exceeds his/her fifth year, that additional supplementary pension shall be equal to 50/1000 of the basic pension amount which will be added to the total pension for every exceed year.    

3 . Issues pertaining to the national pension of any person or persons under protective status that are not mentioned in the regulations of this law shall be dealt in accordance to the regulations of the National Pension Law.

Article 26- 3

During cases in which the government or other self-governing organizations aim to obtain a license or a commission for the establishment of accommodative amenities within the facilities under their ownership, applications filed by protected person or persons in accordance to this law should take precedence over all other considerations under the decision by presidential decree. 

Article 27 (Alteration in Protection)

(1)        The Minister of National Unification may, where a protected person is involved in one of the following Subparagraphs, suspend of terminate protection and settlement support subject to the deliberations of the Consultative Council.

1.         In cases where he is sentenced to penal servitude not less than one year and his sentence has been made irrevocable

2.         In cases where he intentionally provides false information contrary to the interest of the state

3.         In cases where he is judicially declared dead or missing

4.         In cases where he attempts to go back to North Korea

5.         In cases where he violates this Act or an order issued under this Act; or

6.         Such other cases as coming under such grounds prescribed by the Presidential Decree.

(2)        The local government head may request to the Minister of National Unification via the Minister of Home Affairs the suspension or termination of protection of or settlement support for protected persons as stipulated under the provision of Paragraph 1 or the curtailment or extension of the period thereof as stipulated under the provision of the proviso of Article 5, Paragraph 3.

(3)        The Minister of National Unification shall, where he suspend or terminates protection and settlement support as stipulated under the provision of Paragraph 1 or curtail or extend the period thereof as stipulated under the proviso of Article 5, Paragraph 3, specify the grounds and notify them to the protected person involved, and inform the Minister of Home Affairs and the local government head of the fact.

Article 28 (Obligation to Report, etc.)

A protected person shall, where there occurs a change in his domicile, occupation or place of work within the period of five years from the date of moving into the place of first residence, report it in writing to the competent local government head within fourteen days from the date when such a change occurred, while the local government head reported to as such shall submit a copy of the written report to the Minister of national Unification via the Minister of Home Affairs.

Article 29 (Bearing of Expenses)

(1)        All expenses incurred to provide protection and settlement support pursuant to this Act shall be borne by the state.

(2)        The state shall every year grant the local government concerned the expenses incurred for the protection service, and additionally grant or recover the amount that is deficient or overpaid.

Article 30 (Association of Supporters for Defecting North Korean Residents)  

1. There shall be established the Association of Supporters for Defecting North Korean Residents (hereinafter referred to as "Supporters' Association") to execute the programs stipulated below.

(1) Assistance programs to support the livelihood and social adaptation of North Korean defectors.

(2) Assistance programs to support the employment of North Korean defectors

(3) Other programs commissioned to support groups by the Minister of Unification that are recognized to be vital for resettlement efforts.

2. The Minister of National Unification may provide assistance necessary for the sound operation of the Supporters' Association.

3. The Supporters' Association shall be incorporated as a juristic person.

4. Provisions relating to the incorporated foundation under the Civil Code shall be applied mutatis mutandis to the Supporters' Association.

Article 31 (Delegation or Entrustment of Powers)

(1)        Part of the powers bestowed by this Act upon the Minister of National Unification may be delegated to the head of an office, institution or otherwise attached to his Ministry or to the local government head as prescribed by the Presidential Decree.

(2)        Part of the powers bestowed by this Act upon the Minister of National Unification may be entrusted to the head of another administrative agency or to a related juristic person or organization as prescribed by the Presidential Decree.

Article 32 (Application for an Objection)

(1)        Any protected person who has an objection with respect to a disposition on protection and support provided under this Act may apply for an objection in writing within sixty days from the date of receiving the notice of the disposition.

(2)        The Minister of National Unification shall, when he receives an application for an objection as stipulated under the provision of Paragraph 1, examine it without delay, and may, where the disposition is considered unlawful and unjust, require correction thereof or take other necessary measures. In this case, prior deliberations of the Consultative Council are required.

Article 33 (Penalt Provisions)

(1)        Any person who, by resorting to deceit or other wrongful means, receives protection and support provided under this Act or helps any other person receive such protection and support shall be punished by penal servitude not exceeding five years or by a fine not exceeding ten million won.

(2)        Any person who, without just cause, takes advantage of the information or materials which he comes to know in the course of executing the affairs pursuant to this Act for purposes other than those connected with this Act shall be punished by penal servitude not exceeding one year or by a fine not exceeding two million won.

(3)        Any property or proprietary gains obtained by resorting to such means as stipulated under the provision of Paragraph 1 or Paragraph 2 shall be confiscated. When it is not feasible to confiscate the gains, the corresponding value thereof shall punitively be collected.

(4)        Attempts to commit such an offence as stipulated under the provision of Paragraph 1 shall be punishable.

ADDENDA

Article 1(Enforcement Date)

This Act shall enter into force at the expiration of six months after the date of its promulgation

Article 2 (Act Repealed)

The Act on the Protection of Defecting North Korean Compatriots (hereinafter referred to as "Defection Protection Act") shall be abolished.

Article 3 (Interim Measures relating to Deliberations of the Consultative Council)

The agenda under deliberation at the time of this Act entering into force by the Committee for the Protection of Defecting North Korean Compatriots established under the provision of Article 13 of the Defection Protection Act shall be considered by the Consultative Council established under the provision of Article 6 of this Act.

Article 4 (Interim Measures on Registration)

Persons registered as defecting North Korean compatriots pursuant to the Defection Protection Act at the time of this Act entering into force shall be regarded as being registered as protected persons under this Act.

Article 5 (Interim Measures on Social Adaptation Education and Vocational Training)

Persons registered as defecting North Korean compatriots pursuant to the Defection Protection Act at the time of this Act entering into force may receive such social adaptation education and vocational training as stipulated under the provisions of Article 15 and Article 16.

Article 6 (Interim Measures on Settlement Money and Compensation)

The settlement money and compensation which have been decided to be granted pursuant to the Defection Protection Act at the time of this Act entering into force shall be dispensed by the Minister of National Unification according to the previous provisions.

Article 7 (Interim Measures on Accommodation Support)

Persons who have been decided as entitled to receive accommodation support pursuant to the Defection Protection Act at the time of this Act entering into force shall be supported by the Minister of National Unification in accordance with the previous provisions.

Article 8 (Interim Measures on Educational Protection)

Persons who are receiving, or have been decided as entitled to receive, educational protection pursuant to the Defection Protection Act at the time of this Act entering into force shall be granted such protection by the Minister of National Unification in accordance with the previous provisions.

Article 9 (Transfer of the Budget)

Any head of the central administrative agency concerned who is, at the time of this Act entering into force, implementing such project as stipulated under the Defection Protection Act, shall transfer project budget to the Minister of National Unification on the enforcement date of this Act.

Article 10 (Preparation for the Establishment of the Supporters' Association)

(1)        The Minister of National Unification shall, within two months from the entry into force of this Act, commission organizing members not more than five persons (hereinafter referred to as "organizing members") selected from among the directors of the Association of Supporters for Defecting North Korean Compatriots established under the Defection Protection Act (hereinafter referred to as "Association of Supporters for Defecting North Korean Compatriots) to take charge of the affairs relating to the establishment of the Supporters' Association and the nomination of directors and auditor at the time of establishment.

(2)        The organizing members shall draw up articles of association and obtain approval from the Minister of National Unification.

(3)        The president of the Supporters' Association under establishment shall be appointed by the Minister of National Unification.

(4)        The organizing members shall, when they have obtained approval as stipulated under the provision of Paragraph 2, file without delay registration of incorporation for the Supporters' Association under their joint signature and transfer the duties to the president.

(5)        The organizing members shall, when the transfer of duties in completed as prescribed under the provision of Paragraph 4, be regarded as being decommissioned therefrom.

(6)        The expenses defrayed until the Supporters' Association is organized shall be borne by the Association of Supporters for Defecting North Korean Compatriots.

Article 11 (Interim Measures relating to the Association of Supporters for Defecting North Korean Compatriots)

(1)        The Association of Supporters for Defecting North Korean Compatriots shall, notwithstanding the provision of Article 2 of the Addenda, continue to exist until there is established the Supporters' Association pursuant to this Act.

(2)        At the time of this Act entering into force, the Association of Supporters for Defecting North Korean Compatriots may, on the basis of a decision of its board of directors, apply to the Minister of National Unification for the succession of all of its rights and obligations by the Supporters' Association to be established under this Act.

(3)        The Association of Supporters for Defecting North Korean Compatriots shall, when it obtains approval from the Minister of National Unification on such an applicator for succession as stipulated under the provision of paragraph 2, be regarded as being dissolved upon the establishment of the Supporters' Association under this Act, while all of the rights and obligations vested in the Association of Supporters for Defecting North Korean Compatriots shall be succeeded to by the Supporters' Association.

(4)        The value to the properties that the Supporters' association is entitled to succeed to as stipulated under the provision of Paragraph 3 shall be determined on the basis of the book price thereof as assessed on one day before the day of registration of incorporation.

Article 12 (Interim Measures relating to Penalty Provisions)

Previous provisions shall apply to a penalty applicable to a conduct committed before the implementation of this Act.

Article 13 (Amendments to Other Acts)

(1)        Medical Care Act shall be amended as follows. "The Act on the Protection of Defecting North Korean Compatriot" shall be changed into "Protection of Defecting North Korean Residents and Support of Their Settlement Act" in Article 4, Paragraph 1, Subparagraph 6.

(2)        Income Tax Act shall be amended as follows. "The Act on the Protection of Defecting North Korean Compatriot" shall be changed into "Protection of Defecting North Korean Residents and Support of Their Settlement Act" in Article 12, Paragraph 5.

 

Comments:
This is an official translation published by the Humanitarian Affairs Bureau, Ministry of National Unification. The legislation was enacted by Act No. 5259, 13 January 1997, and amended by Law 6474 of 24 May 2001. It entered into force six months after the date of its promulgation.
Disclaimer:

This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.