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SPECIAL ACT ON DISCOVERING THE TRUTH OF THE JEJU 4·3 INCIDENT AND THE RESTORATION OF HONOR OF VICTIMS

Act No. 6117, Jan. 12, 2000

Amended by Act No. 8264, Jan. 24, 2007

Act No. 8435, May 17, 2007

Act No. 11995, Aug. 6, 2013

Act No. 12212, Jan. 7, 2014

Act No. 14189, May 29, 2016

 Article 1 (Purpose)
The purpose of this Act is to contribute to promoting human rights, developing democracy and national unity by ascertaining the truth about the Jeju 4·3 Incident and restoring honor of the victims of this Incident and their bereaved families.
[This Article Wholly Amended by Act No. 12212, Jan. 7, 2014]
 Article 2 (Definitions)
The meanings of the terms used in this Act shall be defined as follows:
1. The term "Jeju 4·3 Incident" means an incident in which the lives of inhabitants were sacrificed in the riot that arose on April 3, 1948 starting from March 1, 1947 and in the process of armed conflicts and suppression thereof that took place in Jeju-Do and the suppression thereof until September 21, 1954;
2. The term "victim" means a person who died or went missing, suffers from the aftereffects, became disabled, or was convicted of a crime due to the Jeju 4·3 Incident, and has been determined as a victim of the Jeju 4·3 Incident in accordance with Article 3 (2) 2;
3. The term "bereaved family member" means a spouse (including a de facto spouse; hereinafter the same shall apply) and lineal ascendents and descendents of a victim: Provided, That where a victim has no spouse and lineal ascendents and descendents, the bereaved family member means his/her brothers and sisters, and where he/she has no brothers and sisters, the bereaved family member means a person determined as a bereaved family member in accordance with Article 3 (2) 2 among the de facto bereaved family member who hold a memorial service for the victim or care of his/her grave as collateral relatives within the fourth degree of consanguinity.
[This Article Wholly Amended by Act No. 12212, Jan. 7, 2014]
 Article 3 (Committee on Discovering Truth on Jeju 4·3 Incident and Restoration of Honor of Victims)
(1) The Committee on Discovering the Truth on the Jeju 4·3 Incident and the Restoration of Honor of the Victims thereof (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Prime Minister to ascertain the truth about the Jeju 4·3 Incident; examine and determine victims and their bereaved families; and deliberate on and determine upon matters concerning restoring their honor under this Act.
(2) The Committee shall deliberate on and determine upon the following matters:
1. Matters concerning collecting and analyzing related data domestically and overseas for the fact-finding about the Jeju 4·3 Incident;
2. Matters concerning examining and determining victims and their bereaved families;
3. Matters concerning restoring honor to victims and their bereaved families;
4. Matters concerning preparing a fact-finding report and creating a historical records archive;
5. Matters concerning creating a memorial cemetery and establishing a memorial tower;
6. Recommendations for stating the position, etc. of the Government on the Jeju 4·3 Incident;
7. Matters concerning preparing a family relations register referred to in Article 11;
8. Matters concerning investigating a place where a massacre was committed and a secret burial site and exhuming and collecting remains, etc.;
9. Matters concerning determining the payment of medical allowances and living allowances for victims;
10. Other matters prescribed by Presidential Decree for fact-finding and restoring honor.
(3) The Committee shall be comprised of at least 20 members, including one chairperson.
(4) The Prime Minister shall be the chairperson, and members of the Committee shall be appointed or commissioned by the he Prime Minister from among those who have abundant knowledge and experience, including the Governor of Jeju Special Self-Governing Province, relevant public officials and representatives of the bereaved families, as prescribed by Presidential Decree.
(5) Matters necessary for organizing and operating the Committee shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 12212, Jan. 7, 2014]
 Article 4 (Working Committee on Discovering Truth on Jeju 4·3 Incident and Restoration of Honor of Victims)
(1) The Working Committee on Discovering the Truth on the Jeju 4·3 Incident and the Restoration of Honor of the victims thereof (hereinafter referred to as the "Working Committee") shall be established under the jurisdiction of the Governor of Jeju Special Self-Governing to implement matters determined upon by the Committee and conduct matters entrusted by the Committee.
(2) The Working Committee shall conduct the following matters:
1. Matters concerning receiving reports on harm to victims and their bereaved families;
2. Matters concerning investigating reports on harm;
3. Matters concerning providing medical allowances and living allowances;
4. Other matters delegated by the Committee.
(3) The Working Committee shall be comprised of at least 15 members, including one chairperson.
(4) The Jeju Special Self-Governing Province Governor shall be the chairperson, and members of the Committee shall be appointed or commissioned by the chairperson from among persons who have profound knowledge and experience, including relevant public officials and representatives of the bereaved families.
(5) Matters necessary for organizing and operating the Working Committee shall be prescribed by municipal ordinance.
[This Article Wholly Amended by Act No. 12212, Jan. 7, 2014]
 Article 4-2 (Prohibition of Divulgence of Confidential Information)
No current or former member of the Committee or the Working Committee shall divulge confidential information which he/she has become aware of in the course of performing duty.
[This Article Wholly Amended by Act No. 12212, Jan. 7, 2014]
 Article 5 (Prohibition of Unfavorable Treatment)
(1) Any person may testify to the Jeju 4·3 Incident without any restraint.
(2) No victim and his/her bereaved family member shall be accorded any disadvantage or unfair treatment by reason that they are a victim and his/her bereaved family member of the Jeju 4·3 Incident.
[This Article Wholly Amended by Act No. 12212, Jan. 7, 2014]
 Article 6 (Collection and Analysis of Data Related to Jeju 4·3 Incident)
(1) The Committee shall complete collecting and analyzing data related to the Jeju 4·3 Incident within two years from the date it is fully comprised.
(2) If necessary for collecting data referred to in paragraph (1), the Committee or the Working Committee may request the relevant administrative agencies or organizations to submit related data. In such cases, the relevant administrative agencies or organizations requested to submit related data shall comply with such request except in extenuating circumstances.
(3) The relevant administrative agencies or organizations shall provide convenience necessary to discover and read data related to the Jeju 4·3 Incident.
(4) Where data to be submitted pursuant to paragraph (2) is retained by any other country, the Government shall faithfully negotiate with the government of such country.
[This Article Wholly Amended by Act No. 12212, Jan. 7, 2014]
 Article 7 (Preparation of Fact-Finding Reports)
The Committee shall prepare a fact-finding report on the Jeju 4·3 Incident within six months after the period under Article 6 (1); and may establish and operate a task force planning the preparation of the fact-finding report on the Jeju 4·3 Incident, in order to ensure objectivity and facilitate operation in preparing the fact-finding report.
[This Article Wholly Amended by Act No. 12212, Jan. 7, 2014]
 Article 8 (Memorial Projects)
The Government may provide funds necessary for performing the following projects to commemorate victims of the Jeju 4·3 Incident, utilize them as places of education for peace and human rights by commemorating the historic meaning thereof, and facilitate the convenience of memorial rites, etc., within budgetary limits:
1. Creating a memorial cemetery;
2. Establishing a memorial tower;
3. Building the Jeju historical records archive;
4. Creating a memorial park;
5. Other related memorial projects.
[This Article Wholly Amended by Act No. 12212, Jan. 7, 2014]
 Article 8-2 (Contribution to Foundation Related to Jeju 4·3 Incident)
The State and local governments may contribute funds to a foundation established for the purpose of the operation and management of the Jeju 4·3 historical records archive and peace park, and the performance of other projects, such as additional fact-finding, and livelihood stabilization and welfare promotion of victims and their bereaved families to promote peace and human rights, as prescribed by Presidential Decree. <Amended by Act No. Act No. 11995, Aug. 6, 2013; Act No. 14189, May 29, 2016>
[This Article Newly Inserted by Act No. 8264, Jan. 24, 2007]
 Article 8-3 (Special Case concerning Receipt of Entrusted Donations)
(1) The foundation referred to in Article 8-2 may receive any voluntarily entrusted donations to the extent meeting its business objectives, notwithstanding the main sentence of Article 5 (2) of the Act on the Collection and Use of Donations.
(2) Matters necessary for procedures for receiving donations entrusted pursuant to paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. Act No. 11995, Aug. 6, 2013]
 Article 9 (Medical Allowances and Living Allowances)
(1) The Government may provide persons who require continuous medical treatment or regular use of nursing care or supporting aids among the victims with medical allowances and purchase of nursing care and supporting aids and living allowances.
(2) No entitlement to medical allowances and living allowances shall be transferred, provided as security or attached.
(3) Necessary matters concerning the scope of provision, computation of the amount and methods of provision of medical allowances and living allowances, shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 12212, Jan. 7, 2014]
 Article 10 (Establishment and Public Announcement of Offices to which Victims and their Bereaved Families are to Report)
The Committee shall request diplomatic establishments outside of the Republic of Korea to establish offices to receive reports on harm inflicted on victims and their bereaved families of the Jeju 4·3 incident from them and publicly announce such offices established within 30 days from the date (referring to April 13, 2000, the date of entry into force of the Special Act on Discovering the Truth on the Jeju 4·3 Incident and the Restoration of Honor of Victims of Act No. 6117) this Act enters into force.
[This Article Wholly Amended by Act No. 12212, Jan. 7, 2014]
 Article 11 (Preparation of Family Relations Registers)
Notwithstanding the provisions of other Acts, where a person's family relations register has not been prepared due to the misplacement of his/her family register during the Jeju 4·3 Incident, or his/her family relations is incorrectly entered in his/her family relations register, the competent authorities may prepare his/her family relations register or correct matters in the record thereof in accordance with the procedure prescribed by the Rules of the Supreme Court, according to the determination of the Committee.
[This Article Wholly Amended by Act No. 12212, Jan. 7, 2014]
 Article 12 (Reexamination)
(1) A person who intends to be determined as a victim or his/her bereaved family member has an objection to the determination of a victim or his/her bereaved family member or the determination on provision of medical allowances and living allowances under the provisions of Article 3, he/she may apply to the Committee for reexamination within 30 days from the date he/she is notified of the determination by the Committee.
(2) Matters necessary for an application for reexamination and the determination thereof, etc. under the provisions of paragraph (1), shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 12212, Jan. 7, 2014]
 Article 13 (Transposition System of Administrative Determination before Litigation)
(1) A lawsuit concerning the determination of a victim or his/her bereaved family member or the payment of medical allowances and living allowances under Article 3 may only be instituted after the Committee has made a determination on such determination or payment: Provided, That this shall not apply where the Committee fails to make such determination even after 90 days have passed from the date a report or application is filed.
(2) A lawsuit under paragraph (1) shall be instituted within 60 days from the date he/she is notified of a determination (including a determination on an application for reexamination) of the Committee.
[This Article Wholly Amended by Act No. 12212, Jan. 7, 2014]
 Article 14 (Penal Provisions)
Any person who divulges confidential information, in violation of Article 4-2, shall be punished by imprisonment for not more than two years or by a fine not exceeding ten million won.
[This Article Wholly Amended by Act No. 12212, Jan. 7, 2014]
ADDENDUM
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 8264, Jan. 24, 2007>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Transitional Measures concerning Former Determination) The amended provisions of Article 12 shall also apply to the determination of a victim and his/her bereaved family member or the determination on the provision of medical allowances and living allowances under the former provisions as at the time this Act enters into force; however, in such cases, a person shall apply for reexamination to the Committee within 90 days from the date this Act enters into force.
ADDENDA <Act No. 8435, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 11995, Aug. 6, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 12212, Jan. 7, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 14189, May 29, 2016>
This Act shall enter into force six months after the date of its promulgation.