Home | Databases | WorldLII | Search | Feedback Laws of the Republic of Korea

ACT ON LIVELIHOOD STABILITY AND COMMEMORATIVE PROJECTS, ETC. FOR SEXUAL SLAVERY VICTIMS DRAFTED FOR THE JAPANESE IMPERIAL ARMYUNDER THE JAPANESE COLONIAL RULE

777 (Supp. 41)

ACT ON LIVELIHOOD STABILITY AND COMMEMORATIVE PROJECTS, ETC. FOR SEXUAL SLAVERY VICTIMS DRAFTED FOR THE JAPANESE IMPERIAL ARMY UNDER THE JAPANESE COLONIAL RULE

Act No. 4565, Jun. 11, 1993

Amended by Act No. 5454, Dec. 13, 1997

Act No. 6024, Sep. 7, 1999

Act No. 6400, Jan. 29, 2001

Act No. 6771, Dec. 11, 2002

Act No. 7413, Mar. 24, 2005

Act No. 7637, Jul. 29, 2005

Act No. 8852, Feb. 29, 2008

Article 1 (Purpose)

The purposes of this Act are to ensure the livelihood stability and welfare promotion of victims who were compulsorily conscripted and forced to serve as sex slaves of Japanese Imperial Army under the Japanese colonial rule, and to contribute to fostering correct views of history among Korean citizens and to promoting human rights, by protecting and supporting those victims as well as through commemorative projects to restore their honor and to find the truth on such conscription and forcing.

[This Article Wholly Amended by Act No. 6771, Dec. 11, 2002] Article 2 (Definitions)

The definitions of terms used in this Act shall be as follows:

1. The term "sexual slavery victim" means any person who was compulsorily conscripted and forced to serve as a comfort woman by the Japanese Empire and who was subjected to sexual assault; and

2. The term "person eligible for livelihood stability support" means any ACT ON LIVELIHOOD STABILITY AND COMMEMORATIVE PROJECTS, ETC. FOR SEXUAL SLAVERY VICTIMS DRAFTED FOR THE JAPANESE IMPERIAL ARMY UNDER THE JAPANESE COLONIAL RULE

(Supp. 41) 778

sexual slavery victim who is still alive and who is registered under Article 3.

[This Article Wholly Amended by Act No. 6771, Dec. 11, 2002] Article 2-2 (Responsibilities of State)

(1) The State shall actively strive for the disclosure of the truth, the educa- tion on true history, etc. to restore the honor of sexual slavery victims as well as to promote their human rights.

(2) The State shall take active measures to find out sexual slavery victims as well as to ensure that they are able to maintain stable livelihood. [This Article Newly Inserted by Act No. 7637, Jul. 29, 2005] Article 3 (Determination and Registration)

(1) Any person who intends to receive the livelihood stability support shall apply to the Minister of Gender Equality for registration as provided by Presidential Decree.

(2) The Minister of Gender Equality shall, upon receiving applications for registration under paragraph (1) of this Article, determine whether or not the applicants are eligible for livelihood stability support after deliber- ation by the Sexual Slavery Victim Livelihood Stability Support and Commemorative Project Deliberation Committee established under Article

6. (3) The Minister of Gender Equality shall register the applicants who are determined as persons eligible for livelihood stability support under para- graph (2) and notify them of such fact. Article 4 (Particulars of Livelihood Stability Support) (1) The State shall render the following assistance to persons eligible for livelihood stability support:

1. Livelihood benefits under the National Basic Living Security Act;

2. Medical benefits under the Medical Care Assistance Act;

3. Livelihood stability subsidies; and

4. Nursing service. (2) In rendering any assistance under paragraph (1), any person eligible 36

779 (Supp. 41)

for livelihood stability support shall be deemed to be a beneficiary provided for in Article 5 of the National Basic Living Security Act and Article 3 of the Medical Care Assistance Act and shall not be subject to the application of Article 3 (2) of the National Basic Living Security Act. (3) The State shall bear the expenses required for livelihood stability sub- sidies and nursing service under paragraph (1) 3 and 4, and matters neces- sary for the criteria, methods, etc. for the provision of such subsidies or service shall be prescribed by Presidential Decree.

Article 5 (Preferential Lease of Public Rental Houses) In leasing public rental houses constructed under the Housing Construction Promotion Act, the State, local governments or the Korea National Housing Corporation established under the Korea National Housing Corporation Act shall preferentially lease those houses to persons eligible for livelihood stability support who do not own houses, as determined by the Minister of Land, Transport and Maritime Affairs. Article 6 (Sexual Slavery Victim Livelihood Stability Support and Com- memorative Project Deliberation Committee)

(1) Under the Ministry of Gender Equality and Family, there shall be established a Sexual Slavery Victim Livelihood Stability Support and Commemorative Project Deliberation Committee (hereinafter referred to as the "Deliberation Committee") to deliberate on any of the following mat- ters:

1. Confirmation on application data for registration submitted by persons eligible for livelihood stability support;

2. Rendering of assistance to persons eligible for livelihood stability sup- port;

3. Commemorative projects, etc. provided in Article 11; and

4. Other matters which the Minister of Gender Equality refers to the Deliberation Committee.

(2) Necessary matters concerning the composition, operation, etc. of the Deliberation Committee shall be provided by Presidential Decree. ACT ON LIVELIHOOD STABILITY AND COMMEMORATIVE PROJECTS, ETC. FOR SEXUAL SLAVERY VICTIMS DRAFTED FOR THE JAPANESE IMPERIAL ARMY UNDER THE JAPANESE COLONIAL RULE

779-1(Supp. 41)

Article 7 (Request for Cooperation)

The Deliberation Committee may, if necessary to deliberate on whether or not applicants are eligible for livelihood stability support, hear testimonies or opinions of the said applicants, witnesses, or other relevant persons or request administrative agencies and other relevant institutions to render any necessary assistance. Article 8 (Protection of Right)

The right to receive livelihood stability subsidies under this Act shall be neither transferred, provided as security, nor seized. Article 9 (Withdrawal of Livelihood Stability Subsidies) (1) If a person receiving livelihood stability subsidies under this Act falls under any of the following subparagraphs, the Minister of Gender Equality may withdraw all or part of those subsidies from the said person:

1. Where he receives livelihood stability subsidies by false or unlawful means; or

2. Where he is overpaid or underpaid livelihood stability subsidies by mistake.

(2) In withdrawing livelihood stability subsidies under paragraph (1), the Minister of Gender Equality shall, if a person who shall return them does not so within a fixed period of time, collect them in conformity with the practices regarding national taxes. Article 10 (Survey of Actual Status)

(1) The Special Metropolitan City Mayor, other Metropolitan City Mayors, or Do governors shall, every year, survey actual status of living of persons receiving livelihood stability support and report to the Minister of Gender Equality. (2) Necessary matters concerning the time, contents, methods, etc. of survey of actual status under paragraph (1) shall be provided by Presidential Decree.

[This Article Wholly Amended by Act No. 6771, Dec. 11, 2002] Article 11 (Commemorative Projects, etc.)

(1) The State and local governments may carry out any of the following projects related to sexual slavery victims:

36

(Supp. 41)779-2

1. Commemorative projects for sexual slavery victims;

2. Collection, preservation, management and exhibition of historical mate- rials on sexual slavery victims and the survey and research thereon;

3. Education, publicity, and literacy or cultural activities related to sexual slavery victims;

4. International exchange and joint research related to sexual slavery vic- tims; and

5. Other projects incidental to those referred to in subparagraphs 1 through

4. (2) Matters necessary to carry out projects referred to in paragraph (1) shall be provided by Presidential Decree.

[This Article Newly Inserted by Act No. 6771, Dec. 11, 2002] Article 11-2 (Support for Recovery of Nationality, etc.) (1) The State and local governments shall render any necessary assistance to those sexual slavery victims who reside in foreign countries without recovering the nationality of the Republic of Korea. (2) Matters concerning assistance provided in paragraph (1) shall include the recovery of nationality, a visit to the Republic of Korea, etc. and shall be provided by Presidential Decree.

[This Article Newly Inserted by Act No. 7637, Jul. 29, 2005] Article 12 (Provision of Expenses)

(1) If the local governments carry out projects described in any subparagraph of Article 11 (1), the State may provide them with part of the expenses for such projects within the limit of budget.

(2) If individuals, corporations or organizations carry out projects described in any subparagraph of Article 11 (1), the State and local governments may provide them with part of the expenses for such projects within the limit of budget.

(3) Necessary matters concerning the qualification standards for such in- dividuals, corporations or organizations as may be provided with expenses referred to in paragraph (2) as well as concerning the procedures for such provision, etc. shall be provided by Presidential Decree. [This Article Newly Inserted by Act No. 6771, Dec. 11, 2002] Article 13 (Gratuitous Lease of State or Public Property) (1) Notwithstanding the provisions of the State Properties Act or the Local Finance Act, the State or local governments may lease state or public prop- ACT ON LIVELIHOOD STABILITY AND COMMEMORATIVE PROJECTS, ETC. FOR SEXUAL SLAVERY VICTIMS DRAFTED FOR THE JAPANESE IMPERIAL ARMY UNDER THE JAPANESE COLONIAL RULE

779-3(Supp. 41)

erty to corporations or organizations working for sexual slavery victims on a gratuitous basis if they carry out commemorative projects referred to in Article 11 (1) 1.

(2) Necessary matters concerning the qualification standards for such corpo- rations or organizations as may be subject to lease under paragraph (1) as well as concerning the procedures for such lease shall be provided by Presidential Decree.

[This Article Newly Inserted by Act No. 6771, Dec. 11, 2002] Article 14 (Delegation or Entrustment of Authority) Part of authority of the Minister of Gender Equality provided in this Act may be entrusted to the Minister of Foreign Affairs and Trade or delegated to the Special Metropolitan City Mayor, other Metropolitan City Mayors or Do governors as provided by Presidential Decree.

ADDENDA

(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.

(2) (Transitional Measures for Reported Victims) Those sexual slavery victims who have reported to the Ministry of Foreign Affairs from February 25, 1992 to February 28, 1993 through the Ministry of Home Affairs, the Korean Red Cross established under the Organization of the Korean National Red Cross Act, and relevant private organizations shall be deemed to apply for the registration under Article 3 (1).

ADDENDUM

This Act shall enter into force on January 1, 1998. (Proviso Omitted.) ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on October 1, 2000. (Proviso Omitted.) Articles 2 through 13 Omitted.

ADDENDA

Article 1 (Enforcement Date)

36

(Supp. 41)779-4

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 4 Omitted.

ADDENDA

(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.

(2) (Transitional Measures) Matters on which the Sexual Slavery Victim Livelihood Stability Support Deliberation Committee determines under pre- vious provisions before this Act enters into force, shall be deemed to be those determined by the Sexual Slavery Victim Livelihood Stability Support and Commemorative Project Deliberation Committee established under this Act. (3) Omitted.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation: Provided, That the enforcement date of any of the following matters shall be as follows:

1. Articles 2 through 4 of this Addenda shall enter into force on the date on which Presidential Decree concerning the organization of the Ministry of Gender Equality and Family under the amended provisions of Article 42 of the Government Organization Act enters into force within three months after the promulgation of this Act; or

2. Omitted. Articles 2 through 4 Omitted.

ADDENDUM

This Act shall enter into force six months after the date of its promulgation. ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 7 Omitted.