ACT ON RESTORATION OF HONOR OF VICTIMS IN DONG-EUI UNIVERSITY INCIDENT AND COMPENSATION THEREFOR
Act No. 11337, Feb. 22, 2012
Amended by Act No. 11690, Mar. 23, 2013
Act No. 12844, Nov. 19, 2014
Act No. 14839, Jul. 26, 2017
The purpose of this Act is to promote the stabilization of livelihood of bereaved families of police officers and riot police killed or wounded in the Dong-Eui University Incident that occurred in Busan in 1989 and to contribute to national reconciliation by restoring their honor and adequately compensating them for their injuries.
The terms used in this Act shall be defined as follows:
| 1. | The term "Dong-Eui University Incident" means the incident in which seven police officers and riot police were killed and ten police officers and riot police were wounded by firebombs thrown by students in a sit-in demonstration, while attempting to rescue riot police confined in the Dong-Eui University in Busan on May 3, 1989; |
| 2. | The term "victims" means police officers and riot police killed or wounded while performing their mission to rescue riot police confined on May 3, 1989 when the Dong-Eui University Incident occurred, who are determined as eligible for compensation under this Act; |
| 3. | The term "bereaved family members" means heirs to the estate, as defined in the Civil Act, of a police officer or riot police killed in the Dong-Eui University Incident. |
| Article 3 (Committee for Deliberation on Restoration of Honor of Victims in Dong-Eui University Incident and Compensation therefor) |
| (1) | There is hereby established a Committee for Deliberation on Restoration of Honor of Victims in Dong-Eui University Incident and Compensation therefor (hereinafter referred to as "Committee for Restoration of Honor") under the jurisdiction of the Prime Minister to deliberate on the restoration of honor of the victims and support the victims pursuant to this Act. |
| (2) | The Committee for Restoration of Honor shall perform the following functions: |
| 1. | Deliberation on the restoration of honor of the victims and decision-making thereon; |
| 2. | Deliberation on the special compensation for victims (hereinafter referred to "compensation") and decision-making thereon; |
| 3. | Other functions for supporting bereaved families and wounded persons. |
| (3) | The Committee for Restoration of Honor shall be comprised of no more than ten members, including one chairperson, and the Prime Minister shall serve as chairperson, while members shall be appointed or commissioned by the Prime Minister from among persons who have abundant knowledge and experience, and relevant public officials, as prescribed by Presidential Decree. |
| (4) | Relevant public officials referred to in paragraph (3) shall include public officials recommended by the head of each agency to which the public officials belong, from among Grade-III or higher-ranking public officials of the Ministry of Strategy and Finance, the Ministry of Justice, the Ministry of the Interior and Safety, the Ministry of Patriots and Veterans Affairs, the Ministry of Personnel Management, and the Korean National Police Agency and public officials in an equivalent position. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (5) | Matters necessary for the composition and operation of the Committee for Restoration of Honor shall be prescribed by Presidential Decree. |
| Article 4 (Working Committee for Restoration of Honor of Victims in Dong-Eui University Incident and Compensation therefor) |
| (1) | A working committee for restoring honor of victims in the Dong-Eui University Incident and compensation therefor (hereinafter referred to as the "Working Committee") shall be established within the Korean National Police Agency to execute resolutions adopted by the Committee for Restoration of Honor established under Article 3 and perform tasks delegated by the Committee for Restoration of Honor. |
| (2) | The Working Committee shall perform the following functions: |
| 1. | Formulation and implementation of various programs for the restoration of honor of victims; |
| 2. | Fact-finding investigations for paying compensation to victims and execution of compensation; |
| 3. | Other tasks related to the execution of resolutions adopted by the Committee for Restoration of Honor. |
| (3) | The Working Committee shall be comprised of no more than ten persons, including one chairperson, and the Commissioner General of the Korean National Police Agency shall serve as chairperson, while members shall be appointed or commissioned by the Commissioner General of the Korean National Police Agency, from among persons who have abundant knowledge and experience, and relevant public officials, as prescribed by Presidential Decree. |
| (4) | Matters necessary for the composition and operation of the Working Committee shall be prescribed by Presidential Decree. |
| Article 5 (Projects for Restoring Honor) |
| (1) | In order to restore the honor of police officers and riot police killed in the Dong-Eui University Incident while on duty and to widely infuse their noble spirit of sacrifice among people, the State may formulate and implement the following projects for restoring honor: |
| 1. | Holding of commemoration ceremonies and election of memorials; |
| 2. | Production of commemorative movies and related publications; |
| 3. | Related academic research and holding of seminars; |
| 4. | Other projects determined by the Committee for Restoration of Honor. |
| (2) | The Working Committee shall formulate a detailed plan for projects for restoring honor under the subparagraphs of paragraph (1) and submit the plan to the Committee for Restoration of Honor, and the Committee for Restoration of Honor shall deliberate on the plan to finalize it. |
| Article 6 (Payment of Compensation) |
| (1) | The State shall pay compensation to bereaved families of police officers and riot police killed, among the victims. The amount payable to the bereaved family of a police officer killed, shall be determined based on the amount calculated by converting an amount equivalent to 442/10 of the average monthly standard income of all public officials at that time into the present value as on the date compensation is determined, while the amount payable to the bereaved family of a riot police killed shall be determined based on the amount calculated by converting an amount equivalent to 55 times the monthly salary to which a major in the tenth salary grade was entitled at that time, into the present value as on the date compensation is determined. |
| (2) | The State shall pay compensation not exceeding 50 million won per victim to police officers and riot police wounded, among the victims, according to the grade of injury of each victim. |
| (3) | The scope of victims eligible for the payment of compensation under paragraphs (1) and (2), the methods of calculating and paying such compensation, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 7 (Application for Payment of Compensation) |
When a bereaved family member of a victim or a victim him/herself intends to obtain compensation under this Act, he/she shall file an application for payment of compensation in writing with the Committee for Restoration of Honor, along with relevant evidentiary documents, as prescribed by Presidential Decree.
| Article 8 (Deliberation on and Determination of Compensation) |
The Committee for Restoration of Honor shall conduct investigations into relevant facts within 90 days after receipt of an application for payment of compensation filed and shall determine whether to pay compensation and the amount of compensation.
| Article 9 (Service of Written Determinations) |
| (1) | When the Committee for Restoration of Honor determines whether to pay compensation, it shall serve the original written determination on the relevant applicant within 30 days. |
| (2) | The provisions regarding service in the Civil Procedure Act shall apply mutatis mutandis to the service under paragraph (1). |
| Article 10 (Payment of Compensation) |
When an applicant who has received the original written determination on compensation intends to obtain the compensation, he/she shall present the determination to the Committee for Restoration of Honor, along with a written consent to the determination.
| Article 11 (Reviews on Compensation) |
| (1) | A bereaved family member or a party who has an objection to determination made by the Committee for Restoration of Honor under Article 8 may file an appeal for review with the Committee for Restoration of Honor within 30 days from the date on whom the original written determination on compensation is served. |
| (2) | The Committee for Restoration of Honor shall conduct re-investigations into relevant facts or review the methods of calculation, etc. within 60 days after receipt of the appeal for review filed and may alter the amount of compensation, etc. |
| (3) | Article 9 shall apply mutatis mutandis to the service of an original written determination on review under paragraph (2). |
| Article 12 (Procedures for Reimbursement and Payment of Expenses) |
| (1) | Expenses incurred in the implementation of projects for restoring honor and the payment of compensation shall be borne by the State. |
| (2) | The Committee for Restoration of Honor shall pay compensation within 30 days from the date on which the compensation is finally determined under Article 8 or 9. |
| (3) | The procedures for the payment of compensation and other necessary matters shall be prescribed by Presidential Decree. |
| Article 13 (Protection of Compensation and Exemption from Taxes) |
| (1) | No entitlement to receive compensation under this Act shall be transferred to a third person, provided to a third person as security, or subject to seizure. |
| (2) | Compensation under this Act shall be exempted from national and local taxes. |
| Article 14 (Principle of Decision Prior to Lawsuit) |
| (1) | A lawsuit for the payment of compensation under this Act may be filed only after the Committee for Restoration of Honor determines to pay compensation or to dismiss the relevant application: Provided, That the foregoing shall not apply where 90 days elapse from the date on which an application for the payment of compensation is filed. |
| (2) | A lawsuit under paragraph (1) shall be filed within 60 days from the date on which the relevant original written determination (including the relevant original written determination on review) is served. |
| Article 15 (Relationship to other Acts and Subordinate Statutes) |
If the State has already paid benefits of the same category as the compensation for the bereaved family of a person killed while on duty pursuant to any other Act or subordinate statute (excluding compensation paid pursuant to the Act on the Honorable Treatment and Support for Persons, etc. of Distinguished Services to the State), the State may deduct an amount equivalent to such benefits from the compensation in calculating a reasonable amount of compensation.
| Article 16 (Recovery of Compensation and Extinctive Prescription) |
| (1) | If a person to whom compensation has been paid under this Act falls under any of the following cases, the State may fully or partially recover such compensation: |
| 1. | If it is discovered that a person received compensation by fraud or other wrongful means; |
| 2. | If compensation is paid mistakenly in violation of the guidelines prescribed by this Act for compensation. |
| (2) | An entitlement to receive compensation under this Act shall lapse by extinctive prescription, if the entitlement is not exercised within three years from the date on which the original written determination on the payment of such compensation is served on the applicant. |
ADDENDA
Article 1 (Enforcement Decree)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Payment of Compensation)
Article 6 shall become applicable from January 1 of the fiscal year for which the budget required under this Act is secured.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Decree)
This Act shall enter into force on the date of its promulgation: Provided, That provisions amending Acts that were promulgated before this Act enters into force but have yet to enter into force, among Acts amended pursuant to Article 6 of the Addenda, shall enter into force on the respective date the relevant Act enters 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.