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

Presidential Decree No. 16803, May 10, 2000

Amended by Presidential Decree No. 17141, Feb. 27, 2001

Presidential Decree No. 18091, Aug. 21, 2003

Presidential Decree No. 18312, Mar. 17, 2004

Presidential Decree No. 19507, jun. 12, 2006

Presidential Decree No. 19513, jun. 12, 2006

Presidential Decree No. 20022, Apr. 25, 2007

Presidential Decree No. 21214, Dec. 31, 2008

Presidential Decree No. 22075, Mar. 15, 2010

Presidential Decree No. 22151, May 4, 2010

Presidential Decree No. 22467, Nov. 2, 2010

Presidential Decree No. 22753, Mar. 29, 2011

Presidential Decree No. 23807, May 23, 2012

Presidential Decree No. 24101, Sep. 14, 2012

Presidential Decree No. 24425, Mar. 23, 2013

Presidential Decree No. 24852, Nov. 20, 2013

Presidential Decree No. 25141, Feb. 5, 2014

Presidential Decree No. 25435, jun. 30, 2014

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 26683, Nov. 30, 2015

Presidential Decree No. 28211, Jul. 26, 2017

Presidential Decree No. 28490, Dec. 26, 2017

 Article 1 (Purpose)
The purpose of this Decree is to prescribe the matters delegated by the Special Act on Discovering the Truth of the Jeju 4·3 Incident and the Restoration of Honor of Victims and those necessary for the implementation thereof. <Amended by Presidential Decree No. 28490, Dec. 26, 2017>
 Article 2 (Matters Subject to Deliberation and Resolution)
The phrase “other matters prescribed by Presidential Decree for fact-finding and restoring honor” referred to in Article 3 (2) 10 of the Special Act on Discovering the Truth of the Jeju 4·3 Incident and the Restoration of Honor of Victims (hereinafter referred to as “the Act”) means the following: <Amended by Presidential Decree No. 20022, Apr. 25, 2007; Presidential Decree No. 28490, Dec. 26, 2017>
1. Matters concerning the operation of the Task Force for Preparing the Report on the Fact-Finding Investigations of the Jeju 4·3 Incident under Article 12 (1);
2. Deleted; <by Presidential Decree No. 20022, Apr. 25, 2007>
3. Other matters deemed by the Committee necessary for fact-finding and honor restoration.
 Article 3 (Composition of Committee)
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") under Article 3 of the Act shall be comprised of not more than 20 members, such as the Minister of Strategy and Finance; the Minister of Justice, the Minister of National Defense; the Minister of the Interior and Safety, the Minister of Health and Welfare; the Minister of Government Legislation; and the Jeju Special Self-Governing Province Governor; and the representatives of the bereaved families; the relevant experts and persons with abundant knowledge and experience commissioned by the Prime Minister, including the Prime Minister who is the chairperson of the Committee. <Amended by Presidential Decree No. 20022, Apr. 25, 2007; Presidential Decree No. 21214, Dec. 31, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
 Article 4 (Duties of Chairperson)
(1) The Chairperson of the Committee shall represent the Committee and have overall control over the affairs of the Committee.
(2) When the Chairperson is unable to perform his/her duties for any unavoidable reason, a Committee member pre-appointed by the Chairperson shall act on his/her behalf.
 Article 5 (Meetings of Committee)
(1) The Chairperson shall convene Committee meetings and chair Committee meetings.
(2) The Committee shall hold its meetings when a majority of the incumbent members are present, and shall adopt resolutions with the concurrent votes of a majority of the members present.
 Article 6 (Staff Members of Committee)
(1) The Committee shall have one executive secretary to handle its affairs. In such cases, the executive secretary shall be the head of the Past History- Related Support Group under Article 5 of the Regulations on the Treatment, etc. of the Past History-Related Recommendations. <Amended by Presidential Decree No. 22753, Mar. 29, 2011>
(2) and (3) Deleted. <by Presidential Decree No. 22753, Mar. 29, 2011>
(4) The executive secretary shall handle administrative affairs under the orders of the Chairperson, and may attend and speak at the Committee. <Newly Inserted by Presidential Decree No. 18091, Aug. 21, 2003>
 Article 7 (Allowances, etc.)
Allowances may be paid and travel expenses reimbursed within budgetary limits to non-public official members of the Committee who attend meetings thereof.
 Article 8 (Report as Victim and Bereaved Family Member)
(1) A person who intends to report himself/herself as a victim or bereaved family member under Article 4 (2) 1 of the Act shall file a report (including an electronic document) in Form 1, 2, 2-2 or 2-3 with the Working Committee on Discovering Truth on the Jeju 4·3 Incident and Restoration of Honor of Victims (hereinafter referred to as "the Working Committee"), together with the following documents (including electronic documents): <Amended by Presidential Decree No. 17141, Feb. 27, 2001; Presidential Decree No. 18091, Aug. 21, 2003; Presidential Decree No. 18312, Mar. 17, 2004; Presidential Decree No. 19507, Jun. 12, 2006; Presidential Decree No. 20022, Apr. 25, 2007; Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 22467, Nov. 2, 2010; Presidential Decree No. 28490, Dec. 26, 2017>
1. One certified transcript of records of family relations of the victim or one copy of archived family relation register thereof (limited to the bereaved family members of a decedent or missing victim, who are unidentifiable with the certified transcript concerning records of family relations): An explanatory statement on non-existence of such certified transcript and register, however, if the bereaved family members have neither of them.
2. One diagnostic certificate issued by a national general hospital, a hospital affiliated with a medical college, or a hospital designated by the Working Committee, in cases of a victim who suffers from the aftereffects;
3. Materials evidencing the ground for application: however, a certificate of guaranty in Form 2 prepared separately or jointly by two persons who resided in the Jeju Island at the time of the Jeju 4·3 Incident, where it is impossible to submit such evidential materials together.
(2) A report under paragraph (1) shall be made during a period from January 1, 2018 to December 31, 2018. <Amended by Presidential Decree No. 17141, Feb. 27, 2001; Presidential Decree No. 18091, Aug. 21, 2003; Presidential Decree No. 20022, Apr. 25, 2007; Presidential Decree No. 24101, Sep. 14, 2012; Presidential Decree No. 28490, Dec. 26, 2017>
(3) The Chairperson of the Working Committee in receipt of a report by a victim or bereaved family member pursuant to paragraph (1) shall enter that report in the receipt register in Form 4 and, after investigating and verifying such report, request the Committee to deliberate and determine on such report, attaching his/her opinion: Provided, That a report is received by a diplomatic or consular mission abroad, the head thereof may directly submit it to the Committee.
(4) The Chairperson of the Working Committee shall make a public announcement of matters concerning the reporting places and methods, etc. before the reporting period under paragraph (2) commences. <Amended by Presidential Decree No. 28490, Dec. 26, 2017>
 Article 9 (Fact-Finding Investigations)
(1) The Chairperson of the Working Committee in receipt of a report under Article 8 shall conduct fact-finding investigations on the matters entered in such report and accompanied documents before requesting the Committee to deliberate and determine thereon.
(2) If necessary to conduct fact-finding investigations under paragraph (1), the Chairperson of the Working Committee may request the head of a relevant agency, the head of a diplomatic or consular mission abroad or a relevant person to submit materials, provide other necessary information, or state his/her opinions In such cases, the head of a relevant agencies, the heads of a diplomatic or consular mission abroad or the relevant person in receipt of such request shall actively give cooperation.
(3) Matters necessary for the methods and subject matter of fact-finding investigations shall be determined by the Chairperson of the Committee via a resolution by the Committee.
 Article 10 (Deliberation and Determination, etc.)
(1) The Committee in receipt of a request for deliberation and determination pursuant to Article 8 (3) shall, after verifying the fact, deliberate and determine on such request within 90 days from the date of receiving it, and notify the outcome to the Working Committee.
(2) The Working Committee in receipt of the notification under paragraph (1) shall inform without delay the deliberated and determined matters to the relevant reporter, as prescribed by the municipal ordinance of the Jeju Special Self-Governing Province.
 Article 11 (Preparation, etc. of List)
(1) The Working Committee shall prepare and keep a list of the persons determined as victims and bereaved family members pursuant to Article 10.
(2) If so requested by the reporter or a relative of a victim, either allow him/her to peruse the list under paragraph (1) or provide a copy thereof, the Working Committee shall except in extenuating circumstances. <Amended by Presidential Decree No. 20022, Apr. 25, 2007>
 Article 11-2 (Exhumation, etc. of Remains)
If necessary for investigating massacre sites and secret burial sites and exhuming and collecting remains, the Commission may request the relevant agencies or public institutions to assist or submit any relevant materials. <Amended by Presidential Decree No. 28490, Dec. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 20022, Apr. 25, 2007]
 Article 12 (Establishment and Operation of Task Force)
(1) The Task Force for Preparing the Report on the Fact-Finding Investigations of the Jeju 4·3 Incident (hereinafter referred to as the “Task Force”) shall be established under the Commission to gather and analyze materials under Article 6 (1) of the Act and prepare a report on the fact-finding investigations into the Jeju 4·3 Incident under Article 7 of the Act.
(2) The Task Force shall be comprised of 15 members, including one chief, and the chief shall be appointed by the Chairperson of the Committee, from among the members of the Task Force, and the other members shall be commissioned by the Chairperson of the Committee, from among Director General-level public officials of the relevant Ministers designated by the Minister of Justice; the Minister of National Defense; the Minister of the Interior and Safety; and the Minister of Government Legislation, respectively; the Vie-Governor designated by the Jeju Special Self-Governing Province Governor; the representatives of the bereaved family members; relevant experts; and other persons with abundant knowledge and experience. <Amended by Presidential Decree No. 21214, Dec. 31, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
(3) The Task Force shall have several expert members for fact-finding investigations, who shall be public officials in a fixed-term position. <Amended by Presidential Decree No. 24852, Nov. 20, 2013>
(4) Other matters necessary for operating the Task Force shall be determined by the Chairperson of the Committee via a resolution by the Committee.
 Article 12-2 (Contribution to Incorporated Foundation Relevant to Jeju 4·3 Incident)
(1) If it is necessary for the Government to contribute under Article 8-2 of the Act, the Jeju Special Self-Governing Province Governor may request the Government to contribute to an incorporated foundation (hereinafter referred to as the “Incorporated Foundation”) established for performing the projects necessary for operating and managing the Jeju 4·3 Historical Records Archive and the Peace Park and conducting additional fact-finding investigations. <Amended by Presidential Decree No. 25141, Feb. 5, 2014>
(2) The projects of the Incorporated Foundation to which the Government contributes shall be as follows:
1. Operation and Management of the Jeju 4·3 Historical Records Archive and the Peace Park;
2. Additional fact-finding investigations into the Jeju 4·3 Incident;
3. Memorial projects for the Jeju 4·3 Incident, and projects for welfare of the bereaved family members;
4. Cultural and academic projects related to the Jeju 4·3 Incident;
5. Projects related to the Jeju 4·3 Incident prescribed by the articles of incorporation of the Incorporated Foundation.
[This Article Newly Inserted by Presidential Decree No. 20022, Apr. 25, 2007]
 Article 12-3 (Methods of Receiving Donated Money and Goods, and Other Matters)
(1) where receiving donated money pursuant to Article 8-3 (1) of the Act, the Incorporated Foundation shall receive it in a manner of depositing it into the account of a postal service office under the Postal Savings and Insurance Act or a financial institution, and immediately issue a receipt to the donor: Provided, That a receipt need not to be issued where donated money is contributed anonymously or the donor is unknown.
(2) Where the Incorporated Foundation receives donated money pursuant to paragraph (1), it shall manage it through a separate account.
(3) Where a donor designates the purpose of donated money, the Incorporated Foundation shall use it only for such purpose: Provided, That in any of the following cases, such donated money may be used for any similar purpose with donor consent.
1. If such donated money is used for the designated purpose, where it is impossible to achieve such purpose;
2. Where some donated money remains after using it for the designated purpose.
(4) The Incorporated Foundation shall report to the Minister of the Interior and Safety a half-yearly status of receiving donated money and goods by the tenth day of the next month after the last day of the relevant half-year <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
(5) The Incorporated Foundation shall keep books of account concerning both the status of receiving donated money and goods, and the record of using them so that the donors can keep track of them.
(6) The Incorporated Foundation shall publish on its internet website the records of receipt and use of donated money and goods of the previous year by the last day of February every year.
[This Article Newly Inserted by Presidential Decree No. 20022, Apr. 25, 2007]
 Article 13 (Medical Allowances)
(1) The amount of medical allowances such as expenses for henceforth medical treatment, expenses for nursing care and expenses for purchasing assistive devices referred to in Article 9 (1) of the Act shall be that calculated as follows: <Amended by Presidential Decree No. 20022, Apr. 25, 2007>
1. Expenses for henceforth medical treatment shall be calculated based on the written estimation of expenses for medical treatment issued by a national general hospital, a hospital affiliated with a medical college or a hospital designated by the Working Committee (hereinafter referred to as “designated hospital, etc.”): Provided, That expenses for henceforth medical treatment shall be an amount determined by the Working Committee, taking into account expenses for henceforth medical treatment in similar cases, if a designated hospital, etc. recognizes the need for henceforth medical treatment, but is unable to estimate expenses for henceforth medical treatment;
2. Expenses for nursing care shall be 562,000 won a month, in cases where judging from the diagnostic certificate issued by a designated hospital, etc., it is deemed to difficult for the relevant person to move without the assistance of any other person due to his/her physical disability even after he/she is completely covered;
3. Where, based upon the diagnostic certificate issued by a designated hospital, etc., it is deemed necessary to wear assistive devices, expenses for purchasing assistive devices shall be calculated by multiplying the market purchasing price of assistive devices by the number of the purchases deemed necessary during the life expectancy of the relevant person based on the useful life of assistive devices: Provided, That the life expectancy of the relevant person is shorter than the useful life of assistive devices purchased once, the useful life shall be deemed to the life expectancy.
(2) In calculating the amount paid for expenses for henceforth medical treatment and expenses of purchasing assistive devices under paragraph (1), intermediary interest shall be subtracted from such payment amount by using the simple interest formula at the statutory rate, and the life expectancy applied at the time of purchasing assistive devices shall be based on the standards announced by the Statistics Korea.
 Article 14 (Living Allowances)
(1) Persons eligible to receive living allowances under Article 9 (1) shall be those in needy circumstances who have no family member obliged to support them and are no longer capable to work; or who have a family member obliged, but unable, to support them, but those who are already being paid living allowances pursuant to other statute shall be excluded therefrom.
(2) The living allowances under paragraph (1) may be paid every month, as determined by the Committee within budgetary limits based upon the amount calculated by dividing into three equal parts 40/100 of the standard median income (referring to the standard median income of 3-person households) under subparagraph 11 of Article 2 of the National Basic Living Security Act. <Amended by Presidential Decree No. 26683, Nov. 30, 2015>
(3) Other detailed matters necessary for methods for paying living allowances shall be determined by Jeju municipal ordinance.
 Article 15 (Occurrence Time of Entitlement to Receive Medical Allowances and Living Allowances)
An Entitlement to receive medical allowances and living allowances under Article 9 of the Act shall occur on the date of filing a report on a victim or bereaved family member under Article 8.
 Article 15-2 (Re-deliberation)
(1) A person intending to apply for re-deliberation under Article 12 of the Act shall file an application for re-deliberation in Form 5 with the Committee.
(2) The Committee in receipt of an application for re-deliberation under paragraph (1) shall make re-deliberation and determination thereon within 60 days form the date of receiving the application and inform the applicant thereof without delay.
[This Article Newly Inserted by Presidential Decree No. 20022, Apr. 25, 2007]
 Article 16 (Detailed Implementation Rule)
The detailed matters necessary for implementing this Decree shall be determined by the Chairperson of the Commission via a resolution by the Committee.
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 17141, Feb. 27, 2001>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measure concerning Forms) The Forms prepared pursuant to the former provisions which are being used as at the time this Decree enters into force shall continue to be used, but by reflecting the content amended by this Decree.
ADDENDUM <Presidential Decree No. 18091, Aug. 21, 2003>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 19507, Jun. 12, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 20022, Apr. 25, 2007>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 13 (1) 2 shall enter into force on August 1, 2007.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22753, Mar. 29, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 2011.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23807, May 23, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure Concerning Amendment of Forms)
The Forms prepared pursuant to the former provisions as at the time this Decree enters into force may be used concurrently with the forms prepared pursuant this Decree by August 31, 2012.
ADDENDUM <Presidential Decree No. 24101, Sep. 14, 2012>
This Decree shall enter into force on December 1, 2012.
ADDENDA <Presidential Decree No. 24425, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24852, Nov. 20, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 12, 2013.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 25141, Feb. 5, 2014>
This Decree shall enter into force on February 7, 2014.
ADDENDA <Presidential Decree No. 25435, Jun. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure Concerning Amendment of Forms)
The former forms referred to in the following subparagraphs which are being used as at the time this Decree enters into force may be used concurrently with the forms under the amended provisions of this Decree by December 31, 2014:
1. Omitted;
2. Forms No. 2 (a) and No. 4 of the Enforcement Decree of the Special Act on Discovering the Truth on the Jeju 4·3 Incident and the Restoration of Honor of Victims;
3. Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26683, Nov. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28490, Dec. 26, 2017>
This Decree shall enter into force on the date of its promulgation.