(1) Reasons for Proposal

As the “Act on Consular Assistance of Protecting Overseas Korean Nationals (Consular Assistance Act)” (Act No. 16221, enacted on January 15, 2019, to be enforced on January 16, 2021) was enacted to ensure safe overseas residence, sojourn, and visit of Korean nationals by prescribing matters related to consular assistance of the State for protecting the life, body, and property of overseas Korean nationals, this Enforcement Decree aims to smoothly implement the consular assistance system for the protection of overseas Korean nationals by formulating provisions on matters delegated by the Act and other matters necessary for the said implementation, such as the composition and operation of the Committee on Protection of Korean Nationals Abroad, the provision of information on overseas safety, consular assistance where a Korean national abroad suffers criminal damage, consular assistance in cases of death of Korean nationals abroad, consular assistance to overseas Korean nationals who are minors or patients, consular assistance in cases where overseas Korean nationals are missing, consular assistance in cases of overseas disaster situation, and disposal of lost articles. 

(2) Major Provisions

A. Secure personnel and budget for consular assistance (Article 2)

B. Composition and operation of the Committee on Protection of Korean Nationals Abroad (Articles 3 - 7)

- Stipulate matters concerning the composition of the Committee on Protection of Korean Nationals Abroad (the composition of its chairperson and members, and the term of office of its members) dismissal of members, operation of the Committee (roles of the chairperson, acting on behalf of the chairperson, procedures for holding and convening meetings, procedures for voting in meetings, etc.), working committee, detailed rules and regulations, etc. 

C. Establish and operate the consular civil petition system (Article 8)

D. Provide information on overseas safety (Articles 9–10)

- Stipulate detailed information on overseas safety (basic information by country, safety-related news, travel warning, etc.), method of information provision, requirements for issuing travel warnings and special travel warnings, and the period of issuance, etc.  

E. Consular assistance in criminal procedure (Articles 11 through 14)

- Stipulate measures to protect overseas Korean nationals who have been arrested, detained, or confined in prison (including matters concerning the method of contact, identification of the reason for being confined in prison, etc., provision of attorneys and interpreters upon contact, identification of the progress on investigations or trials, filing requests for correction of human rights violations, etc.)

F. Consular assistance where a Korean national abroad suffers criminal damage (Article 15)

- Stipulate matters concerning the notification to a relative such as a family member, provision of information such as attorneys and interpreters, and identification of the progress on investigations or trials where necessary 

G. Consular assistance in cases of death and missing Korean nationals abroad and in cases of overseas disaster situation (Articles 16, 19, and 20)

H. Consular assistance to overseas Korean nationals who are minors and patients (Articles 17 through 18)

I. Disposal of lost articles (Article 21)

J. Abuse or misuse of consular assistance (Article 22)

K. Expenses-bearing (Articles 23 through 25)

- Stipulate matters concerning expenses-bearing for supporting overseas Korean nationals faced with an incident or accident (Article 19 (1) 1 of the Act), for supporting overseas Korean nationals faced with an overseas disaster (Article 19 (1) 2 and  Article 19 (3) of the Act), and for supporting overseas Korean nationals who wish to receive help regarding overseas remittance from a relative such as a family member under Article 19 (2) of the Act. 

L. Request for provision of data, financial information, etc. (Articles 26 and 27)

M. Delegation of rights, processing of unique identifier information, etc. (Articles 28 and 29)

N. Cooperation with the private sector, scope of relatives such as family members (Articles 30 and 31)