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ACT ON FINDING THE TRUTH OF THE DAMAGE FROM NORTH KOREA’S ABDUCTION DURING THE KOREAN WAR AND RESTORING HONOR OF THE VICTIMS

Act No. 10190, Mar. 26, 2010

Amended by Act No. 11690, Mar. 23, 2013

Act No. 12844, Nov. 19, 2014

Act No. 14839, Jul. 26, 2017

 Article 1 (Purpose)
The purpose of this Act is to ascertain the truth of North Korea's abductions that occurred during the Korean War as well as damage to the persons abducted to North Korea and their families and to restore their honor, thereby contributing to the recovery of their human rights and national unity.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "person abducted to North Korea in wartime" means a citizen (excluding military personnel) of the Republic of Korea who was residing in South Korea but forcibly kidnapped by North Korea against his/her will during the Korean War (referring to the period from June 25, 1950 to July 27, 1953 when the military armistice agreement was concluded) and has been detained or has resided in North Korea thereafter;
2. The term "family of a person abducted to North Korea in wartime" means the spouse, lineal descendants or ascendants, and siblings of a person abducted to North Korea.
 Article 3 (Responsibilities of State)
The State shall formulate and implement policies to confirm whether the persons abducted to North Korea are alive or dead, repatriate such persons (including repatriating their remains; hereinafter the same shall apply), exchange letters with them and promote family reunions.
 Article 4 (Committee to Find Truth of Damage from North Korea’s Abduction during Korean War and Recover Honor of Victims)
(1) In order to ascertain the truth of North Korea's abductions that occurred during the Korean War and to deliberate and decide upon matters relating to the examination, determination and honor restoration of persons abducted to North Korea in wartime (hereinafter referred to as "abductees") and families of persons abducted to North Korea in wartime (hereinafter referred to as "families of abductees") under this Act, a Committee to Find the Truth of the Damage from North Korea’s Abduction during the Korean War and Recover Honor of the Victims (hereinafter referred to as the "Committee"), shall be established under the jurisdiction of the Prime Minister.
(2) The Committee shall deliberate and decide upon the following matters:
1. Fact-finding in relation to North Korea's abductions during the Korean War;
2. Collecting and analyzing the relevant data in Korea and abroad to conduct investigation on abductees;
3. Examining and identifying abductees and families of abductees;
4. Restoring honor of abductees and families of abductees;
5. Preparing a fact-finding report and a list of abductees' names;
6. Opinions or proposals on the confirmation of the life or death of abductees, their repatriation, exchange of letters with them and family reunions;
7. Financial support for memorial projects, an organization for families of abductees, etc.;
8. Any other matters prescribed by Presidential Decree to find the truth and recover honor of abductees and families of abductees.
(3) The Committee shall be comprised of not more than 15 members, including one Chairperson; and the Prime Minister shall serve as the Chairperson, and members of the Committee shall be appointed or commissioned by the Prime Minister, from among the Minister of Unification; the Minister of the Interior and Safety; the heads of relevant central administrative agencies; representatives of families of abductees; and persons with extensive knowledge about and experience in relevant fields, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(4) Matters necessary for the composition and operation of the Committee shall be prescribed by Presidential Decree.
 Article 5 (Working Committees to Find Truth of Damage from North Korea’s Abduction during Korean War and Recover Honor of Victims)
(1) In order to implement matters decided and manage matters delegated by the Committee, a working committee to find the truth of the damage from North Korea’s abduction during the Korean War and recover honor of the victims (hereinafter referred to as "working committee"), shall be established under the jurisdiction of the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor or a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/ Do Governor").
(2) A working committee shall manage the following matters:
1. Receiving reports on damage to abductees and families of abductees;
2. Investigation in relation to reports on damage;
3. Other matters delegated by the Committee.
(3) A working committee shall be comprised of not more than 15 members, including one chairperson; and the competent Mayor/Do Governor shall serve as the chairperson, and members of the working committee shall be appointed or commissioned by the chairperson from among persons with extensive knowledge and experience, including relevant public officials and representatives of families of abductees.
(4) Any other matters necessary for the composition and operation of a working committee shall be prescribed by municipal ordinances.
 Article 6 (Establishment of Secretariat)
(1) A secretariat shall be established in the Committee to conduct affairs of the Committee.
(2) Matters concerning the composition and regular staff of the secretariat shall be prescribed by Presidential Decree.
 Article 7 (Prohibition on Divulgence)
No current or former member of the Committee or a working committee shall divulge any confidential information which becomes known to him/her in the course of performing his/her duties.
 Article 8 (Prohibition of Disadvantageous Treatment)
(1) Any person may testify freely in connection with North Korea's abductions during the Korean War and abductees.
(2) None of the abductees and families of abductees shall be treated disadvantageously or unfairly on the ground that they are abductees or families of abductees.
 Article 9 (Collection and Analysis of Data relating to Abductees)
(1) The Committee shall complete collection and analysis of data relating to abductees, within four years from the date the Committee is organized.
(2) Where it is impracticable to complete investigation within the period specified in paragraph (1), the Committee shall report to the Prime Minister on the reason for failure to complete the investigation, three months before the expiration of the period, and the period may be extended by up to one year: Provided, That the period shall be extended only up to twice.
(3) If necessary to collect data under paragraph (1), the Committee or a working committee may request relevant administrative agencies or organizations to submit relevant data. In such cases, the relevant administrative agencies or organizations so requested shall comply with such request except in extenuating circumstances.
(4) Relevant central administrative agencies or organizations shall provide convenience necessary to discover and inspect data relating to abductees.
(5) Where the data requested pursuant to paragraph (3) are kept in a foreign country, the Government shall faithfully bargain with the Government of the foreign country on such data.
 Article 10 (Preparation of Fact-Finding Report)
(1) The Committee shall prepare a fact-finding report on the damage from North Korea's abduction during the Korean War within six months from the date the period specified in Article 9 (1) expires, and shall submit it to the President and the National Assembly and publicize it.
(2) Details to be included in the report referred to in paragraph (1) shall be prescribed by Presidential Decree.
 Article 11 (Memorial Projects)
In order to recover honor of the abductees and families of abductees, the Government shall promote memorial projects, such as activities to commemorate victims.
 Article 12 (Financial Support to Organization for Families of Abductees, etc.)
The Government may subsidize necessary expenses within budgetary limits for an organization consisting of families of abductees, etc. or for a research organization on North Korea's abductions during the Korean War and abductees, after deliberation by the Committee.
 Article 13 (Establishment and Public Notice of Report Centers)
The Committee shall establish a report center to receive reports on damage to abductees and families of abductees, within 30 days from the enforcement date of this Act. In such cases, the Committee shall establish report centers in overseas diplomatic missions as well for persons who stay or reside in a foreign country.
 Article 14 (Preparation of Family Relation Register)
Where a family relation register for abductees is not prepared or where any entry in the family relation register is different from the facts, a family relation register may be prepared or the entry in such family relation register may be corrected in compliance with the procedures prescribed by the Supreme Court Regulations notwithstanding the provisions of other statutes, if the preparation or correction is determined by the Committee.
 Article 15 (Delegation and Entrustment of Duties)
(1) Where deemed necessary, the Committee may partially delegate or entrust its specific duties to relevant agencies, including local governments, or to experts, or it may perform such duties jointly with relevant agencies or experts.
(2) Matters necessary for the delegation, entrustment, etc. of the duties referred to in paragraph (1) shall be prescribed by Presidential Decree.
 Article 16 (Dispatch, etc. of Public Officials)
(1) Where deemed necessary to perform its duties, the Committee may request the heads of relevant agencies to dispatch public officials or staff members under their management to the Committee.
(2) Upon receipt of a request for dispatch of public officials, etc. under paragraph (1), the heads of the relevant agencies may dispatch public officials or staff members under their management to the Committee after consultation with the Committee.
(3) Public officials or staff members dispatched to the Committee pursuant to paragraph (2) shall perform the duties of the Committee independently of the agencies to which they belong.
(4) The heads of the relevant agencies who have dispatched public officials or staff members to the Committee pursuant to paragraph (2), shall not take unfavorable measures against the said public officials or staff members in terms of human resources affairs and treatment.
 Article 17 (Legal Fiction as Public Officials for Purposes of Application of Penal Provisions)
A person other than a public official among members of the Committee or a working committee shall be deemed a public official for the purposes of applying the penal provisions under Articles 129 through 132 of the Criminal Act.
 Article 18 (Penalty Provisions)
A person who divulges any secret information in violation of Article 7 shall be punished by imprisonment for not more than two years or by a fine not exceeding 10 million won.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Preparatory Action for Enforcement of this Act) Any preparatory action for the enforcement of this Act, such as the appointment of members and staff members of the Committee and preparatory action for the establishment of the Committee, may be performed before this Act enters into force.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That amendments to Acts already promulgated but have not yet been entered into force before this Act enters into force among Acts amended pursuant to Article 6 of the Addenda, shall enter into force on the dates the respective relevant Acts enter into force.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 5 of this Addenda, amended parts of the Acts which were promulgated before this Act enters into force but the enforcement dates of which have not arrived, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 6 Omitted.