Plenary passes 22 bills including amendment to the Framework Act on Local Taxes

- Amendment to the Act on Appraisal and Certified Appraisers to rescind the qualifications of an appraiser who has been sentenced to imprisonment or greater for a crime committed during the performance of their duties
- Framework Act on Overseas Koreans* to stipulate comprehensive and systemic implementation of a policy concerning overseas Koreans


The National Assembly of the Republic of Korea passed 31 items, including 22 bills, during the 5th plenary meeting of the 405th extraordinary session held on April 27, 2023. Major bills tabled for consideration are as follows:


<1> Amendments to the Framework Act on Local Taxes and the Act on Appraisal and Certified Appraisers

At present, money due to a local government shall be collected in preference to other public charges or claims, and therefore national taxes on a home shall be collected in preference to repayment of deposits to lessees.

However, there is growing recognition of the need to protect the deposits of lessees amid an increase in the number of lessees whose deposits were not refunded in home rental scams.

Under the amendment to the Framework Act on Local Taxes, repayment of rental deposit shall be given to the lessee, in preference to local taxes with a statutory deadline later than the fixed date on the lease contract.

The amendment to the Act on Appraisal and Certified Appraisers enables the revocation of the license of an appraiser who has been sentenced to a punishment of imprisonment without labor, or a more severe punishment, in connection with their duties. In addition, a person for whom five years have not passed since their appraiser’s license was revoked for the above-mentioned reason cannot be employed as a clerical worker by an appraisal entity, meaning that an appraiser who engaged in a real estate-related crime cannot be involved in appraisal work.


<2> Framework Act on Overseas Koreans*

The approved bill to enact the Framework Act on Overseas Koreans* prescribes basic matters regarding comprehensive and systematic policies for overseas Koreans, such as development of basic and action plans, formation of relevant policy committees, and setup of cooperation centers.

Under the Act, the main intent of the overseas Koreans policy is to ▲promote the stable development of overseas Koreans’ society; ▲help overseas Koreans develop closer ties to the Republic of Korea; and ▲support human resources development of overseas Koreans. The Commissioner of the Overseas Koreans Agency is directed to establish and execute the basic plan for overseas Koreans policy every five years and an annual action plan.

In addition, the Act allows for the formation of a policy committee for overseas Koreans headed by the Minister of Foreign Affairs, which will engage in establishing and implementing the basic and action plans and deliberating and mediating policy-related matters.

Meanwhile, the Act allows for the setup of overseas Korean cooperation centers (hereinafter referred to as a “center”) to support policies aimed at strengthening their Korean identity and their ties to the Republic of Korea, in an effort to efficiently push forward with invitation/training/education/culture projects targeting overseas Koreans. To this end, the government shall be authorized to build a center within the allotted budget and provide funding for the project and its operation, whereas the center shall collect and use donations after receiving approval from the Commissioner of Overseas Koreans Agency in accordance with related statutes.

* English translation of original Korean title is tentative.


<3> Amendment to the Intelligent Robots Development and Distribution Promotion Act

The amendment establishes grounds for the ▲introduction of an operational safety certification system for outdoor mobile robots; and ▲insurance programs for intelligent robots (hereinafter referred to as “insurance program”).

First, the amended Act defines an outdoor mobile robot as an intelligent robot that can operate via an autonomous driving system to deliver goods, etc., and allows the Minister of Trade, Industry and Energy (hereinafter referred to as “the Minister”) to introduce an operational safety certification system concerning operation of outdoor mobile robots on sidewalks.

The Minister may designate a certifying institution for operational safety, and any person who receives such a certificate may label the robot accordingly or promote their possession of it. In connection with certification, the Minister may conduct follow-up management such as fact-finding surveys, demand corrective measures as a result of the survey, and impose sanctions such as certificate cancellation for those failing to adhere to the order.

In addition, those operating a certified outdoor mobile robot are mandated to purchase insurance or join a mutual-aid association as prescribed by Presidential Decree. Any person violating this rule shall be punishable by imprisonment with labor of up to three years or a fine of up to KRW 30 million. Also, the Machinery Financial Cooperative is permitted to engage in insurance activity that would compensate for any losses caused by intelligent robots.

Meanwhile, the amendment deletes the addenda stipulating the effective period of the Intelligent Robots Development and Distribution Promotion Act.


<4> Amendment to the Framework Act on the Management of Disasters and Safety

The amendment authorizes the Minister of the Interior and Safety or the heads of local governments to call for telecommunications business entities to provide information about unspecified persons’ connection to base stations in a specific area when a disaster or an accident occurs or is likely to occur there.

Such information can be offered to agencies that engage in disaster response services such as disaster management and emergency rescue. When asked by the agency to provide information collected for disaster response services, the Minister of the Interior and Safety or heads of local governments shall comply with the request unless there is a compelling reason not to do.

In regard to data-based disaster and safety management, the amendment mandates that the Minister collect, analyze, utilize, and disclose disaster and safety data, and establish and operate an integrated management system to effectively collect disaster and safety data.


<5> Amendment to the Defense Acquisition Program Act

The approved amendment enables expeditious procedures for facilitating the timely introduction of new technology to the armed forces and eased procedures for weapons deployment in a pilot project.

At present, the Chairman of the Joint Chiefs of Staff shall determine the requirements for weapons systems, etc. following deliberation by the Joint Chiefs of Staff, after which the Minister of the Defense Acquisition Program Administration shall conduct research and determine the methods for implementing defense forces improvement projects.

The amendment allows the Minister of the Defense Acquisition Program Administration to initiate a pilot project involving weapons systems, for which the requirements are not yet determined, in order to utilize new technology. In such cases, the Minister may determine the methods of implementing defense forces improvement projects without prior research. In addition, when purchasing weapons systems that have undergone a pilot project, the Minister of National Defense is permitted to replace testing and evaluation with the results of a performance verification test by a testing team comprising public officials, employees, and experts, to enable rapid deployment of new technology-based weapons systems.

If timely operation of a weapons system utilizing proven private-sector technology is necessary for military strength, the Chairman of the Joint Chiefs of Staff may determine expeditious procedures following deliberation by the Joint Chiefs of Staff. In such cases, the Minister of National Defense is permitted to conduct testing and evaluation of research and development by integrating a developmental test and evaluation with an operational test and evaluation.


<6> Amendment to the Special Act on the Prevention of Loss Caused by Telecommunications-based Financial Fraud and Refund for Loss

The amendment expands the scope of protections for victims of telecommunications-based financial fraud by allowing victims in various kinds of phishing cases that do not use wire transfers to utilize the procedure for remedy of damages such as payment suspension and refund for loss.

Any person committing telecommunications-based financial fraud shall be punished by imprisonment with labor for up to one year or a fine equivalent to three to five times the criminal proceeds, and imprisonment and a fine may be imposed concurrently. If a person engages in delivery of funds and is aware that such funds will be used for telecommunications-based financial fraud, or the person fails to become aware of the fact due to gross negligence, he/she shall be punished by imprisonment with labor for up to five years or a fine of up to KRW 50 million.


<7> Framework Act on National Heritage*

The approved bill to enact the Framework Act on National Heritage* provides grounds for the introduction of the term ‘national heritage’ to replace ‘cultural heritage,’ and the expanded classification of national heritage into cultural heritage, natural heritage, and intangible heritage for the protection for each.

The Act stipulates the ▲basic principles including preservation of the value of national heritage; ▲establishment and implementation of basic plans for all types of national heritage; ▲designation and registration of national heritage; ▲development of a comprehensive protection system; ▲responses to climate change; and the ▲production, collection and management of national heritage data.

Traditional materials and techniques may be used for the repair and maintenance of national heritage, and the central government shall take the lead in inter-Korean exchange and cooperation on national heritage, not the Commissioner of the Cultural Heritage Administration. Under the Cultural Heritage Administration, the National Heritage Promotion Agency* shall be established for the purpose of preservation, utilization, and dissemination of national heritage, including support for intangible heritage such as performances and exhibitions, and the development of traditional Korean culture.

* English translation of original Korean titles is tentative.


<8> Nursing Act*

The approved bill to enact the Nursing Act* separately stipulates the qualifications, work, and association of nurses.

The state and local governments are mandated to establish the necessary policies and provide support for long-term service among nurses and an increased number of skilled nursing personnel through improvements to work environments and working conditions. Nurses shall have the right to provide optimal nursing services based on their experience and expertise, and according to their conscience, as well as the right to request sufficient working hours and support for a sound work-life balance.

The Act also prohibits human rights violations such as a deterioration in nurses’ work environment and mandates that the heads of medical institutions take appropriate measures to prevent workplace bullying when the occurrence of such an act is reported, in accordance with the Labor Standards Act.

The heads of health care and medical institutions are mandated to devise necessary measures to prevent labor shortages when some workers take leave, causing the working conditions of other nurses on duty to deteriorate. Employment training centers for the nursing workforce will be renamed as nursing workforce support centers to provide support for long-term employment and prevent job hopping among nurses. Support centers shall be set up in various locations within communities and provide programs that aim to prevent career interruptions and promote re-employment.

* English translation of original Korean titles is tentative.


<9> Amendment to the Medical Service Act

The amendment expands the grounds for disqualification of medical personnel by including any person who has been punished with imprisonment without labor or a more severe punishment, and the punishment has been fully executed or the non-execution of such sentence has become final within the past five years.

The Minister of Health and Welfare shall revoke the license of any person who has been licensed as medical personnel or passed the national examination via fraudulent or other improper means.

If grounds for revocation cease to exist, or if it is determined that the person has shown significant signs of repentance and partaken in an educational program, the license may be re-issued. But no license shall be re-issued within 10 years of revocation if the license was revoked for the same reason that the person lost their license before and was punished with imprisonment or more severe sentence for it, or if the person was licensed through fraudulent or other improper means.