ACT ON SPECIAL MEASURES FOR THE RESTORATION OF HONOR OF THE PERSONS INVOLVED IN THE GEOCHANG INCIDENT
Act No. 5148, Jan. 5, 1996
Amended by Act No. 8435, May 17, 2007
Act No. 12200, Jan. 7, 2014
The purpose of this Act is to contribute to national unity and the advancement of democracy by restoring honor of the persons who died in connection with the Geochang Incident, etc. and their bereaved families.
[This Article Wholly Amended by Act No. 12200, Jan. 7, 2014]
The terms used in this Act shall be defined as follows:
| 1. | The term "Geochang Incident, etc." means an incident during which residents were sacrificed during operations conducted by troops of the Korean Army by reason of the suppression of communist guerrillas; |
| 2. | The term "bereaved family member" means a spouse and lineal ascendents and descendents of a person who died during the Geochang Incident, etc. (hereinafter referred to as the "deceased"): Provided, That where no spouse and lineal ascendents nor descendents remain, a bereaved family member means brothers and sisters of the deceased. |
[This Article Wholly Amended by Act No. 12200, Jan. 7, 2014]
| Article 3 (The Deliberative Committee on Restoration of Honor of Persons Involved in Geochang Incident, etc.) |
| (1) | The Deliberative Committee on the Restoration of Honor of the Persons Involved in the Geochang Incident, etc. (hereinafter referred to as the "Committee") shall be established under the control of the Prime Minister to deliberate on and resolve matters concerning the determination of the deceased and their bereaved families and the restoration of their honor under this Act. |
| (2) | The Committee shall deliberate on and pass resolutions on the following: |
| 1. | Matters concerning the determination of the deceased and their bereaved families; |
| 2. | Matters concerning the restoration of honor of the deceased and their bereaved families; |
| 3. | Matters concerning the beautification of the cemetery, a memorial service, and the erection of a memorial tower. |
| (3) | The Committee shall be comprised of not more than 15 members, including one chairperson. |
| (4) | The Prime Minister shall be the chairperson and shall commission or appoint members of the Committee, from among those who have profound knowledge and extensive experience, including not less than five representatives of the bereaved families, and related public officials. |
| (5) | Necessary matters concerning the organization and operation of the Committee shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 12200, Jan. 7, 2014]
| Article 4 (Working Committee on Restoration of Honor of Persons Involved in Geochang Incident, etc.) |
| (1) | The Working Committee on the Restoration of Honor of the Persons Involved in the Geochang Incident, etc. (hereinafter referred to as the "Working Committee") shall be established under the control of the relevant Mayor/Do Governor to deal with matters entrusted by the Committee. |
| (2) | The Working Committee shall be comprised of not more than nine members, including one chairperson. |
| (3) | The relevant Mayor/Do Governor shall be the chairperson and shall commission or appoint members of the Working Committee, from among those who have profound knowledge and extensive experience, including not more than four representatives of the bereaved families, and public officials. |
[This Article Wholly Amended by Act No. 12200, Jan. 7, 2014]
| Article 5 (Prohibition of Unfavorable Treatment) |
No bereaved family shall receive any unfavorable treatment because they are bereaved family members of the Geochang Incident, etc.
[This Article Wholly Amended by Act No. 12200, Jan. 7, 2014]
| Article 6 (Preparation of Family Relation Register) |
Notwithstanding the provisions of other Acts, a person whose family relation register has not been prepared owing to the disappearance of his/her family relation register at the time of the Geochang Incident, etc. may prepare his/her family relation register according to the regulations of the Committee.
[This Article Wholly Amended by Act No. 12200, Jan. 7, 2014]
| Article 7 (Registration of Bereaved Families) |
| (1) | A bereaved family member shall register with the Working Committee as a bereaved family member along with the documentary evidence concerned, as prescribed by Presidential Decree. |
| (2) | The ranking of registration of a bereaved family member shall be as follows: |
| 2. | A child (where a child dies, his/her successor to property); |
| 3. | Parents or grand parents; |
| 4. | Where no person falls under subparagraphs 1 through 3, brothers and sisters of the deceased. |
[This Article Wholly Amended by Act No. 12200, Jan. 7, 2014]
| Article 8 (Financial Support, etc.) |
Where bereaved families promote a joint cemetery management project, the Government may grant a subsidy for some of the expenses incurred therein.
[This Article Wholly Amended by Act No. 12200, Jan. 7, 2014]
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.
ADDENDUM <Act No. 12200, Jan. 7, 2014>
This Act shall enter into force on the date of its promulgation.