SPECIAL ACT ON EXAMINATION AND HONOR RESTORATION OF VICTIMS INVOLVED IN THE NOGEUN-RI INCIDENT
Act No. 7175, Mar. 5, 2004
Amended by Act No. 8435, May 17, 2007
Act No. 8735, Dec. 21, 2007
The purpose of this Act is to contribute to the enhancement of human rights and national unity by restoring honor to the victims of the Nogeunri incident and their bereaved family members.
The terms used in this Act shall be defined as follows: <Amended by Act No. 8735, Dec. 21, 2007>
| 1. | The term "Nogeunri incident" means an incident in which people have been victimized by the US Army troops across Haga-ri, Yeongdong-eup and Nogeun-ri, Hwanggan-myeon of Yeongdong-gun, Chungcheongbuk-do from July 25, 1950 through July 29, 1950; |
| 2. | The term "victims" means people dead, missing and wounded due to the Nogeunri incident, who have been determined as the victims of the Nogeunri incident by the committee on the examination and restoration of honor of victims involved in the Nogeunri incident pursuant to the provisions of Article 3; |
| 3. | The term "bereaved family" means the spouse (including a de facto spouse), lineal ascendants and lineal descendants of the victim: Provided, That where no spouse, lineal ascendants or lineal descendants exist, it means the siblings of the victim, and where no sibling exists, it means persons who are determined as bereaved family members as prescribed in Article 3 (2) 1 from among relatives within the fourth degree of consanguinity who perform sacrificial rites for the victim or take care of the grave of the victim; |
| 4. | The term "examination of victims" means an examination as to whether a person is a victim and as to the number of victims which have not been determined in a joint investigation into the Nogeunri incident, conducted by the governments of the Republic of Korea and the United States of America from October 25, 1999 through January 12, 2000. |
| Article 3 (Establishment, etc. of Committee) |
| (1) | In order to deliberate on and resolve matters concerning the examination and determination of victims and their bereaved family members and the restoration of honor thereof, a committee on examining and restoring honor of victims of the Nogeunri incident (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Prime Minister. |
| (2) | The Committee shall deliberate on and resolve the following matters: <Amended by Act No. 8435, May 17, 2007> |
| 1. | Matters concerning the examination and determination of victims and their bereaved family members; |
| 2. | Matters concerning the restoration of honor of victims and their bereaved family members; |
| 3. | Matters concerning memorial projects, such as the construction of a memorial tower; |
| 4. | Matters concerning the preparation of an examination report on the victims of the Nogeunri incident; |
| 5. | Matters concerning the preparation of family relationship register; |
| 6. | Other matters deemed necessary for the examination of victims and the restoration of honor thereof. |
| (3) | The Committee shall consist of not more than twenty members, including one chairperson. |
| (4) | The Committee chairperson shall be the Prime Minister and its members shall be persons appointed or entrusted by the Prime Minister from among the Chungcheongbuk-do Governor, relevant public officials, representatives of bereaved families and persons with abundant knowledge and experience in the relevant field. |
| (5) | Other matters necessary for the organization and operation of the Committee shall be prescribed by Presidential Decree. |
| Article 4 (Establishment, etc. of Working Committee) |
| (1) | In order to implement matters resolved by the Committee and to manage matters entrusted by the Committee, a working committee on the examination and the restoration of honor of victims of the Nogeunri incident (hereinafter referred to as "Working Committee") shall be established under the jurisdiction of the Chungcheongbuk-do Governor. |
| (2) | The Working Committee shall manage the following matters: |
| 1. | Matters concerning the receipt of reports on damage to victims and their bereaved family; |
| 2. | Matters concerning the examination of reported damage; |
| 3. | Matters concerning the payment of medical support costs. |
| (3) | The Working Committee shall consist of not more than fifteen members, including one chairperson. |
| (4) | The Working Committee chairperson shall be the Chungcheongbuk-do Governor, and its members shall be appointed or entrusted by the chairperson from among relevant public officials, representatives of bereaved families and persons with abundant knowledge and experience. |
| (5) | Other matters necessary for the organization and operation of the Working Committee shall be prescribed by Presidential Decree. |
| Article 5 (Examination of Victims of Nogeunri Incident) |
| (1) | The Committee shall complete the examination of victims of the Nogeunri incident between the date this Act enters into force and December 31, 2008. <Amended by Act No. 8735, Dec. 21, 2007> |
| (2) | Where it is necessary for the examination prescribed in paragraph (1), the Committee may request relevant administrative agencies or organizations (hereafter referred to as "relevant agencies, etc.") to submit relevant data or articles. In such cases, the relevant agencies, etc. that are requested to submit relevant data or articles shall comply with such request, except in extenuating grounds. |
| (3) | The Committee may hear the testimony or statements of victims, bereaved family members or relevant persons, and, if deemed necessary, make an on-site inspection of the place, etc. where the Nogeunri incident took place. |
| (4) | Relevant agencies, etc. shall provide convenience necessary for the examination of victims of the Nogeunri incident. |
| (5) | Where data or articles for which a request for submission is made under paragraph (2) are kept in a foreign country, the Government shall endeavor to faithfully negotiate with the government of the relevant foreign country for the submission of the relevant data or articles. |
| (6) | The examination of victims of the Nogeunri incident shall be based on the result of a joint investigation into the Nogeunri incident, conducted by the Government of the Republic of Korea and the government of the United States of America. |
| Article 6 (Preparation of Report on Examination of Victims) |
| (1) | The Committee shall prepare a report on the examination of victims of the Nogeunri incident within six months from the date on which the period prescribed in Article 5 (1) terminates. |
| (2) | In order to maintain objectivity and promote the project efficiently in preparing a report on the examination of victims of the Nogeunri incident prescribed in paragraph (1), the Committee may establish and operate a planning group for preparing a report on the examination of victims of the Nogeunri incident. |
| Article 7 (Prohibition of Unfavorable Treatment) |
No person shall be treated unfavorably or unfairly for providing statements or information, etc. concerning the Nogeunri incident.
| Article 8 (Memorial Projects) |
The Government may subsidize expenses necessary for memorial projects, including the construction of a memorial tower for victims of the Nogeunri incident, within budgetary limits.
| Article 9 (Medical Support Costs) |
| (1) | The Government may pay medical support costs needed for the medical treatment, medical attendance and purchase of orthotics by persons in need of continuous medical treatment, constant medical attendance or the use of orthotics from among victims. |
| (2) | No entitlement to medical support costs prescribed in paragraph (1) shall be transferred, provided as collateral or seized. |
| (3) | Matters necessary for the extent of payment, the calculation of the amount and the methods of payment of medical support costs, etc. shall be prescribed by Presidential Decree. |
| Article 10 (Recovery of Medical Support Costs) |
| (1) | Where a person who has received medical support costs falls under any of the following subparagraphs, the Government shall recover the medical support costs that he/she has received: |
| 1. | Where he/she has received medical support costs by fraud or wrongful means; |
| 2. | Where medical support costs have been erroneously paid. |
| (2) | Where medical support costs are recovered pursuant to paragraph (1), it may be recovered in the same manner as national taxes in arrears if any person who is to return medical support costs fails to return them within a specified period. |
| Article 11 (Public Announcement on Period and Place of Reporting Victims and Bereaved Family) |
Within 30 days from the date this Act enters into force, the Committee shall determine the period during which victims and their families suffered by damage from the Nogeunri incident are to be reported, specify the place to make such report and publicly announce such period and place.
| Article 12 (Preparation of Family Relationship Register) |
Where the family relationship register of a victim and bereaved family is not prepared because the family register has been destroyed or lost in the Korean War or where family relationship register is wrongfully prepared, the relevant family relationship register may, according to the determination made by the Committee, be prepared or corrected pursuant to the procedures prescribed by Supreme Court Rules, notwithstanding the provisions of other Acts and subordinate statutes.
[This Article Wholly Amended by Act No. 8435, May 17, 2007]
| Article 13 (Reexaminations) |
| (1) | If a person who intends to be determined as a victim or a bereaved family member thereof has an objection against the determination of a victim or bereaved family member thereof referred to in Article 3, he/she may file an application with the Committee for reexamination within 30 days from the date on which he/she is notified of such determination from the Committee. |
| (2) | If a victim or bereaved family member thereof has an objection against a determination concerning the payment of medical support costs prescribed in Article 9, he/she may file an application with the Working Committee for reexamination within 30 days from the date on which he/she is notified of the determination from the Working Committee. |
| (3) | Matters necessary for applications for reexamination and determination, etc. thereof prescribed in paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 8735, Dec. 21, 2007]
ADDENDUM
This Act shall enter into force three months after the date of its promulgation.
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.
ADDENDA<Act No. 8735, Dec. 21, 2007>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Reexamination) The amended provisions of Article 13 shall apply to the determination of victims and bereaved family members thereof or determination of the payment of medical support costsmade pursuant to the former provisions as at the time this Act enters into force. In such cases, applications for reexamination shall be filed within 90 days from the date this Act enters into force. |