Law Viewer

Back Home

SPECIAL ACT ON THE MAY 18 DEMOCRATIZATION MOVEMENT, ETC.

Act No. 5029, Dec. 21, 1995

Amended by Act No. 10182, Mar. 24, 2010

Act No. 13722, Jan. 6, 2016

 Article 1 (Purpose)
The purpose of this Act is to tighten national discipline, settle democracy and nourish national spirit by prescribing matters concerning the suspension of prescription of public prosecution, etc. against crimes disrupting constitutional order committed on or around December 12, 1979 and May 18, 1980 and other relevant matters.
[This Article Wholly Amended by Act No. 10182, Mar. 24, 2010]
 Article 2 (Suspension of Prescription of Public Prosecution)
Crimes disrupting constitutional order under Article 2 of the Act on Special Cases concerning the Prescription for Public Prosecution, etc. against Crimes Disrupting Constitutional Order committed on or around December 12, 1979 and May 18, 1980 shall be deemed suspended during the period from the date each of the relevant crimes terminated until February 24, 1993.
[This Article Wholly Amended by Act No. 10182, Mar. 24, 2010]
 Article 3 (Special Provisions on Applications for Rulings)
(1) When a person who lodges any complaint or accusation regarding a crime referred to in Article 2, is notified that the competent public prosecutor or military prosecutor will not institute public prosecutions, he/she may apply for a ruling as to whether the decisions not to institute public prosecutions are appropriate with the competent High Court or High Military Court corresponding to the competent High Public Prosecutor's Office or High Military Prosecutor's Office to which the relevant public prosecutor or the military prosecutor belongs. The same shall also apply where it has been determined not to institute a public prosecution against a crime referred to in Article 2 before the Special Act on May 18 Democratization Movement, Etc. (Act No. 5029) enters into force. <Amended by Act No. 13722, Jan. 6, 2016>
(2) The relevant provisions of the Criminal Procedure Act or the Military Court Act shall apply to an application for a ruling under paragraph (1).
[This Article Wholly Amended by Act No. 10182, Mar. 24, 2010]
 Article 4 (Special Reopening of Procedures)
(1) Notwithstanding Article 420 of the Criminal Procedure Act and Article 469 of the Military Court Act, a person, on whom a judgment of guilty has become conclusive and binding due to deterring or opposing any act related to the May 18 Democratization Movement or any crime referred to in Article 2, may file a request for reopening of procedures.
(2) The court which has made original judgment shall have jurisdiction over the request for reopening of procedures: Provided, That if the court which has made original judgment on a person not subject to the application of the Military Criminal Act is the court-martial or military court, the court at the place of his/her domicile, the level of which corresponds thereto, shall have jurisdiction.
(3) The court having jurisdiction over reopening of procedures shall investigate ex officio the fact that a person who had committed a crime referred to in Article 2 was judged guilty in relation to such crime and the punishment became final and conclusive.
(4) Notwithstanding Articles 326 through 328 of the Criminal Procedure Act and Articles 381 through 383 of the Military Court Act, where a person who has requested reopening of procedures under paragraph (1) was granted a pardon or the punishment on him/her became invalidated, the court having jurisdiction over reopening of procedures shall make a final judgment of the fact.
(5) The procedures for reopening of procedures under paragraph (1) shall be subject to the application of the relevant provisions of the Criminal Procedure Act and the Military Court Act within the extent not conflicting with the character of the reopening of procedure.
[This Article Wholly Amended by Act No. 10182, Mar. 24, 2010]
 Article 5 (Memorial Projects)
The Government shall promote memorial projects succeeding to the spirit of the May 18 Democratization Movement.
[This Article Wholly Amended by Act No. 10182, Mar. 24, 2010]
 Article 6 (Legal Fiction as Compensation)
A reward conferred under the Act on Compensation, etc. to Persons Associated with the May 18 Democratization Movement shall be deemed compensation.
[This Article Wholly Amended by Act No. 10182, Mar. 24, 2010]
 Article 7 (Deprivation of Awards and Decorations)
If any evaluation of the Government on persons who have been conferred awards or decorations in connection with the May 18 Democratization Movement reveals, as a result thereof, that any person has been conferred an award or decoration only owing to the recognition of his/her meritorious service in suppressing the May 18 Democratization Movement, such conferment of awards or decorations shall be revoked and the decoration, etc. shall be recovered under Article 8 of the Awards and Decorations Act.
[This Article Wholly Amended by Act No. 10182, Mar. 24, 2010]
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) The request for reopening of procedures under the latter part of Article 3 shall be filed within 30 days from the enforcement date of this Act.
ADDENDUM <Act No. 10182, Mar. 24, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13722, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year and six months after the date of its promulgation date. (Proviso Omitted.)
Articles 2 through 10 Omitted.