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ACT ON INQUIRY INTO HUMAN RIGHTS ABUSES SUFFERED BY PERSONS AFFECTED BY HANSEN'S DISEASE AND ON PROVIDING ASSISTANCE TO SUCH VICTIMS

Act No. 8644, Oct. 17, 2007

Amended by Act No. 9847, Dec. 29, 2009

Act No. 13666, Dec. 29, 2015

 Article 1 (Purpose)
The purpose of this Act is to investigate and reveal of the facts of human rights abuses suffered by persons affected by Hansen's disease and provide assistance to such victims so as to promote their human rights and stabilize their livelihoods.
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 9847, Dec. 29, 2009>
1. The term "person affected by Hansen's disease" means any person who contracts Hansen's disease or who has completed an appropriate course of therapy;
2. The term "inmate affected by Hansen's disease"means any person affected by Hansen's disease who is quarantined in the Sorokdo National Hospital or any communicable disease control institution under Articles 36 and 37 of the Communicable Disease Control and Prevention Act (hereinafter referred to as "leprosarium");
3. The term "human rights abuses suffered by persons affected by Hansen's disease" means any of the following incidents;
(a) Incident in which inmates affected by Hansen's disease were assaulted, unduly confined, or subjected to the sterilization operation without their consent while quarantined in leprosariums during the period between August 16, 1945, and February 8, 1963;
(b) Incident in which persons affected by Hansen's disease were killed, missing or injured in violence by staff members of the Sorokdo rehabilitation center located in Sorok Island, Doyang-eup, Goheung-gun, jeollanam-do,on or around August 20, 1945;
(c) Incident in which persons affected by Hansen's disease were subjected to forced labor in relation to the reclamation works to connect Bongambando and Poongyangbando, Doyang-myeon, Goheung-gun, jeollanam-do, between July 10, 1962, and July 25, 1964;
(d) Other incidents determined through deliberation by the Commission for Inquiry into Human Rights Abuses Suffered by Persons Affected by Hansen's Disease (hereinafter referred to as the "Commission") under Article 3;
4. The term "victim" means any person determined by the Commission pursuant to Article 3 (2) 2 among those abused in the incidents referred to in each item of subparagraph 3 of Article 2;
5. The term "bereaved family" means a victim's spouse (including his/her de facto spouse) and lineal ascendants and descendants: Provided, That where he/she has neither a surviving spouse nor any lineal ascendants and descendants, it refers to his/her siblings.
 Article 3 (Commission for Inquiry into Human Rights Abuses Suffered by Persons Affected by Hansen's Disease)
(1) The Commission for Inquiry into Human Rights Abuses Suffered by Persons Affected by Hansen's Disease shall be established under the control of the Prime Minister to investigate and reveal the facts of human rights abuses suffered by persons affected by Hansen's disease and to deliberate on and resolve matters regarding review and determination of victims under this Act.
(2) The Commission shall deliberate on and resolve the following matters: <Amended by Act No. 13666, Dec. 29, 2015>
1. Matters relating to the collection and analysis of domestic and overseas related materials to inquire into the actual status of human rights abuses suffered by persons affected by Hansen's disease;
2. Matters relating to review and determination of victims;
3. Matters relating to decisions to pay subsidies for medical treatment and to make condolence payments, etc.; (hereinafter referred to as "medical subsidies, etc.")
4. Matters relating to the preparation of a fact-finding report;
5. Other matters related to fact-finding investigations as prescribed by Presidential Decree.
(3) The Commission shall be comprised of not more than 20 members including one chairperson; and the chairperson shall be designated by the Prime Minister, and the members thereof shall be the Vice Minister of Health and Welfare and those appointed or commissioned by the Prime Minister, from among both related public officials prescribed by Presidential Decree and those who have abundant expertise and experience including representatives of persons affected by Hansen's disease.
(4) Other necessary matters regarding the composition and operation of the Commission shall be prescribed by Presidential Decree.
 Article 4 (Working Committee for Inquiry into Human Rights Abuses Suffered by Persons Affected by Hansen's Disease)
(1) A Working Committee for Inquiry into Human Rights Abuses Suffered by Persons Affected by Hansen's Disease (hereinafter referred to as the "Working Committee") shall be established under the control of the Minister of Health and Welfare to execute the Commission's resolutions and deal with the matters delegated by the Commission.
(2) The Working Committee shall address the following matters:
1. Matters relating to the receipt of a report of allegations of abuse filed by a victim and his/her bereaved family;
2. Execution of investigations into a report of allegations of abuse;
3. Matters relating to the payment of a medical subsidy, etc.;
4. Other matters delegated by the Commission.
(3) The Working Committee shall be comprised of not more than 15 members, including one chairperson; and the chairperson shall be the Vice Minister of Health and Welfare, and the members thereof shall be appointed or commissioned by the Minister of Health and Welfare from among both related public officials prescribed by Ordinance of the Ministry of Health and Welfare and those who have abundant academic knowledge and experience including representatives of persons affected by Hansen's disease.
(4) Other necessary matters regarding the composition and operation of the Working Committee shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 5 (Prohibition of Unfavorable Treatment, etc.)
(1) Any person may freely express his/her opinions on human rights abuses suffered by persons affected by Hansen's disease.
(2) Victims and their bereaved families shall not be given any unfavorable or unjust treatment on the grounds of their status as such.
 Article 6 (Collection and Analysis of Materials Related to Human Rights Abuses Suffered by Persons Affected by Hansen's Disease)
(1) The Commission shall complete the collection and analysis of materials related to human rights abuses suffered by persons affected by Hansen's disease by no later than two years after it is instituted.
(2) The Commission or its Working Committee, if necessary to collect materials under paragraph (1), may request related administrative agencies or organizations (hereafter in this Article referred to as "related agencies or organizations") to submit relevant materials. In such cases, the related agencies or organizations so requested shall comply therewith unless any extenuating circumstance exists otherwise.
(3) Related agencies or organizations shall provide necessary conveniences to collect and have access to materials related to human rights abuses suffered by persons affected by Hansen's disease.
(4) Where any materials requested pursuant to paragraph (2) are deemed to be kept abroad, the Government shall faithfully negotiate with the government of the relevant country.
 Article 7 (Preparation of Fact-Finding Report)
The Commission shall prepare a fact-finding report on human rights abuses suffered by persons affected by Hansen's disease by no later than six months after the period prescribed under Article 6 (1) expires.
 Article 8 (Memorial Projects)
(1) The State and local governments may carry out the following projects to render memorial services for the victims of human rights abuses and to utilize them as the forum on human right education to reflect on the historical significance thereof:
1. Establishment of memorial halls;
2. Collection, investigation, research, preservation, management and exhibition of materials related to human rights abuses suffered by persons affected by Hansen's disease;
3. Creation of memorial parks;
4. Other memorial service-related projects.
(2) The State and local governments may reimburse any juridical persons or organizations carrying out the projects provided for in each subparagraph of paragraph (1), within budgetary limits, for all or some of the project expenses.
 Article 9 (Medical Subsidies, etc.)
(1) The State shall make condolence payments to persons affected by Hansen's disease who are determined as victims pursuant to Article 3 (2) 2 and may grant subsidies for medical treatment: Provided, That where they have received medical subsidies, etc. from the State or a local government in accordance with any other statute, the amount equivalent thereto shall not be paid. <Amended by Act No. 13666, Dec. 29, 2015>
(2) No entitlement to medical subsidies, etc. may be transferred, pledged as security, or seized.
(3) Necessary matters regarding the scope of payment of subsidies for medical treatment, calculation of the amount, methods of payment, etc. of medical subsidies, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 13666, Dec. 29, 2015>
 Article 10 (Establishment of Facilities, etc. for Residence and Welfare of Persons Affected by Hansen's Disease)
(1) The State and local governments may establish residents' welfare facilities and medical welfare facilities for the sake of persons affected by Hansen's disease as victims.
(2) Matters regarding facility standards for residents' welfare facilities and medical welfare facilities for persons affected by Hansen's disease, eligibility for admission thereto, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 11 (Recovery of Medical Subsidies, etc.)
(1) The State shall recover a medical subsidy, etc. if the recipient thereof falls under any of the following subparagraphs:
1. Where he/she has obtained a medical subsidy, etc. by fraud or other wrongful means;
2. Where a medical subsidy, etc. is mistakenly paid.
(2) If any person liable to return a medical subsidy, etc. under paragraph (1) fails to do so within a prescribed period, the amount to be recovered may be collected in the same manner as delinquent national taxes are collected.
ADDENDUM
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 9847, Dec. 29, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 22 Omitted.
ADDENDUM <Act No. 13666, Dec. 29, 2015>
This Act shall enter into force three months after the date of its promulgation.