United Nations Peacekeeping Operations Participation Act

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 Article 1 (Purpose)   print
The purpose of this Act is to help the Republic of Korea participate in United Nations peace keeping operations in a prompt and proactive manner by providing for matters concerning the dispatch and withdrawal of the contingent and personnel which are to take part in the peace keeping operations of the United Nations, thereby contributing to the maintenance and promotion of international peace.
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 Article 2 (Definitions)   print
The terms used in this Act shall be defined by as follows:
1. The term "United Nations peace keeping operations" (hereinafter referred to as the "peace keeping operations") means support of implementing peace agreements, surveillance on the cease-fire, maintenance of the public order and stability, election support, humanitarian relief, restoration, rehabilitation, development support or other various activities conducted in specific nations (or regions) with finance from the United Nations under the direction of the commander nominated by the secretary general of the United Nations, in accordance with the resolution adopted by the Security Council of the United Nations: Provided, That this does not include peace keeping operations independently performed by individual or group nations with the approval of the United Nations or other military activities:
2. The term "contingent" means the military unit (excluding the union or alliance of soldiers engaged in military activities on their own) dispatched overseas to take part in peace keeping operations.
3. The term "personnel participating in peace keeping operations" means soldiers (excluding soldiers belonging to the contingent), police officers, other public officials or civilians dispatched overseas to take part in peace keeping operations;
4. The term "disaster" means damage from calamities (including terrorist activities) under subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety.
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 Article 3 (Establishment and Operation of Standing Armed Forces)   print
(1) The Government may establish and operate a national armed forces unit (hereinafter referred to as "standing armed forces") which remains on standby for overseas dispatch for participation in peace keeping operations.
(2) Matters concerning the establishment and operation of standing armed forces under paragraph (1) shall be prescribed by Presidential Decree.
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 Article 4 (Basic Principles in Performing Duties)   print
The contingent and personnel participating in peace keeping operations shall observe international laws and faithfully perform their duties within the authority and guidelines granted and provided by the United Nations.
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 Article 5 (Decision on Participation in Peace Keeping Operations)   print
(1) When the United Nations requests the Republic of Korea to take part in the peace keeping operations, the Minister of Foreign Affairs and Trade shall notify the Minister of National Defense of such request and consult with him/her on matters concerning the dispatch of the contingent, etc.
(2) The Government shall dispatch an investigation team to the relevant nations or regions to ascertain general conditions, such as the local circumstances, safety, etc. and prepare a report thereon (hereinafter referred to as "investigative report") for the dispatch of standing armed forces.
(3) The Government shall decide on whether to dispatch national armed forces to peace keeping operations requested by the United Nations and the purpose, size, period or duties of the national armed forces, after undergoing the deliberation of the State Council and obtaining the approval of the President.
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 Article 6 (Consent of National Assembly on Dispatch of National Armed Forces)   print
(1) When the Government intends to dispatch national armed forces overseas to participate in peace keeping operations, it shall receive consent from the National Assembly, in advance.
(2) When the Government submits the motion regarding the dispatch of national armed forces to the National Assembly under paragraph (1), it shall include the following matters:
1. Investigative reports;
2. Place for dispatch;
3. Necessity of dispatching national armed forces;
4. Size of the contingent;
5. Period of dispatch;
6. Duties of the contingent;
7. Other materials concerning the dispatch of national armed forces, which are prescribed by Presidential Decree.
(3) The Government may tentatively agree with the United Nations on matters falling under subparagraphs of paragraph (2), so as to dispatch national armed forces to peace keeping operations satisfying the following requirements within the scope of 1,000 military personnel (including the number of military personnel already dispatched):
1. When the relevant peace keeping operations obtain consent from the host nation;
2. When the period of dispatch is not longer than one year;
3. When the national armed forces perform non-military duties, such as humanitarian or reconstruction support, the performance of their duties is unlikely to be directly connected with combat activities or military forces are unlikely to be used;
4. When the United Nations requests for the prompt dispatch of armed forces.
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 Article 7 (Dispatch of National Armed Forces)   print
(1) When the Government dispatches national armed forces to peace keeping operations after obtaining consent from the National Assembly under Article 6, it shall closely consult with the United Nations and the governments of related nations to dispatch the standing armed forces in a prompt manner.
(2) The Minister of Foreign Affairs and Trade shall promote consultations under paragraph (1) and conclude relevant international agreements, through consultation with the Minister of National Defense.
(3) The Minister of National Defense shall prepare and implement the detailed guidelines and procedures of dispatching armed forces, after deciding the type and size of the contingent for peace keeping operations,
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 Article 8 (Extending Period of Dispatch)   print
(1) When the Government intends to extend the period of dispatching the contingent, it shall receive consent from the National Assembly, in advance.
(2) The period of extension under paragraph (1) shall be one year and Article 6 (2) shall apply mutatis mutandis to the submission of the motion on extending the dispatch.
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 Article 9 (Termination of Dispatch)   print
The Government may terminate the dispatch of the contingent, in any of the following cases:
1. When the contingent completes its mission;
2. When the Government deems that it need not maintain the contingent any longer, before the period of dispatch expires.
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 Article 10 (Requests for Termination of Dispatch)   print
(1) The National Assembly may request the Government to terminate the dispatch of the contingent through resolutions, even before the contingent completes its mission or the period of dispatch expires.
(2) The Government shall comply with requests of the National Assembly for the termination of dispatch under paragraph (1), unless any extenuating ground exists.
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 Article 11 (Reports to National Assembly)   print
The Government shall report details on the achievements of the contingent, its activities, the completion of its mission, its withdrawal or other changes in the regular session of the National Assembly each year.
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 Article 12 (Education and Training)   print
The head of each central administrative agency may entrust or dispatch public officials belonging thereto, who are scheduled to take part in peace keeping operations, to the relevant institutions in Korea and abroad, in an effort to provide education and training necessary for helping them to be equipped with knowledge and qualifications as personnel participating in peace keeping operations.
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 Article 13 (Prohibition against Unfavorable Measures and Guarantee of Status)   print
(1) No one shall take any unfavorable measure against a person who is or was participating in peace keeping operations, due to their participation in peace keeping operations.
(2) Public officials (including soldiers on service and police officers) taking part in peace keeping operations shall be deemed to maintain the status of personnel participating in peace keeping operations as well as a status as public officials of the Republic of Korea during their dispatch.
(3) Civilians of the Republic of Korea, who are taking part in peace keeping operations, shall maintain the status of personnel maintaining the international peace and security as well as the status of nationals of the Republic of Korea, and shall be protected under international laws.
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 Article 14 (Payment of Allowances)   print
The Government may pay allowances to personnel taking part in peace keeping operations under the relevant Acts and subordinate statues, by considering the working condition in regions, to which they are dispatched, and their duties.
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 Article 15 (Prevention of Accidents and Disasters)   print
The Government shall prepare and implement comprehensive measures for the safety of soldiers belonging to the contingent and personnel participating in peace keeping operations and the prevention of accidents as well as measures to prevent disasters.
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 Article 16 (Establishment and Operation of Council on Policies of Peace Keeping Operations)   print
(1) The council on polices of peace keeping operations (hereinafter referred to as the "Policy Council") shall be established under jurisdiction of the Ministry of Foreign Affairs and Trade for the efficient implementation of Government policies on peace keeping operations, as well as cooperation and conciliation between the relevant agencies.
(2) The Policy Council shall be comprised of not more than ten members, including the Chairperson, and the Minister of Foreign Affairs and Trade shall be the Chairperson.
(3) The working committee comprised of public officials of the Senior Civil Service in the relevant central administrative agencies shall be established under jurisdiction of the Policy Council and the Vice Minister of Foreign Affairs and Trade shall be the head of the working committee.
(4) Other matters concerning the composition and operation of the Policy Council and the working committee shall be prescribed by Presidential Decree.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Transitional Measures) National armed forces, soldiers, police officers and civilians dispatched for participation in peace keeping operations by the Government, before this Act enters into force, shall be deemed dispatched under this Act.