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Overview

The abduction of South Korean nationals to the North inflicted tremendous mental and physical damages on their family members as well as on the abductees themselves, and caused a significant social cost. Up until 1990, South Korean society as a whole showed little interest in easing their suffering or consoling them. Thus, no political or social consensus was formed to support the victims. Instead, various disadvantages were inflicted on the victims of abduction to the North, including the restriction of fishing rights, overseas travel, employment with government or public agencies, and discrimination in their military service.

However, the family members in South Korea of the abductees to the North raised their voice, requesting the checking and repatriation of the abductees when South-North summit talks were held in 2000, and 63 “unconverted long-term political prisoners” were released by the South to the North. From that moment on, South Korean society showed more interest in the issues concerning the repatriation of abductees and the provision of support to the victims.

Due to social demand, the South Korea government and the National Assembly initiated efforts to settle the abductee issue and help the victims. In 2004, the National Human Rights Commission of Korea made a formal recommendation to the Prime Minister and the Chairperson of the National Assembly that a special act should be enacted to compel the government to survey the true circumstances and status of the abductees to the North, restore the reputation of the victims, and make the appropriate compensation.

In response to this recommendation, the government decided to have a special act enacted to compensate and support the victims of abduction to the North before and after the war in January 2006. It then started preparing the legislation. From March to September, the Ministry of Unification and various related agencies jointly surveyed the conditions of the family members of the abductees to the North before and after the war, and examined the records of previous investigations of abduction cases. These records have since been used as base data in deliberating on the payment of compensation to the victims and ascertaining the damages suffered.

On 10 October 2006, the government cabinet adopted a bill for enacting the Act on Compensation and Assistance for Post-war Abductees after the Conclusion of the Military Armistice Agreement, which was approved by the National Assembly plenary session on 2 April 2007 and promulgated on 27 April 2007. The Act includes such key provisions as those on the duty of the state to settle the issue concerning abductees to the North before and after the Korean War, and the provision of reparation and compensation for damages suffered by the victims of abduction before and after the war. The government developed specific, detailed plans as the Enforcement Decree was enacted on 16 October. The Deliberation Committee on Compensation and Support for Abduction Victims was formed as the agency with the task of deliberating on the survey of abduction cases, compensation and support.

Key details of the Act on Support for Abductees to the North before and after the Korean War

The information of key details

Responsibilities of the State

The State (or government) shall exert to check the survival of abductees to the North, have them repatriated and reunited with their families, and support the stable resettlement of those who return to South Korea. (Article 4)

Deliberation Committee on Compensation and Support for Abduction Victims

The Deliberation Committee on Compensation and Support for Abduction Victims shall be organized under the Office of the Prime Minister to examine and decide upon matters related to compensation and support for abduction victims. (Article 6)

Resettlement subsidy

The government may protect and support those abductees who have returned to South Korea after three or more years of detention in North Korea, including the payment of a resettlement subsidy and assistance with their speedy resettlement and adaptation to life in South Korea, as provided under the Presidential Decree, after considering the resettlement conditions and their ability to earn living. (Article 8)

Consolation money for damages

Consolation money shall be paid to the families of those abductees who have returned to South Korea after three or more years of detention in North Korea as provided under the Presidential Decree. (Article 9)

Compensatory money

Compensatory money shall be paid to the bereaved family members of those who have been killed, or those who have been injured and their family, due to the exercise of public power by the government. (Article 10)

Medical subsidy

The government shall pay expenses for treatment, ongoing care and rehabilitation equipment, as provided under the Presidential Decree, to those who require continued treatment, ongoing care and rehabilitation equipment among those who have been injured due to the exercise of public power by the government. (Article 11)

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