ACT ON THE EXCAVATION OF THE REMAINS OF SOLDIERS KILLED IN THE KOREAN WAR
Act No. 8924, Mar. 21, 2008
Amended by Act No. 10465, Mar. 29, 2011
Act No. 11250, Feb. 1, 2012
Act No. 12563, May 9, 2014
Act No. 12844, Nov. 19, 2014
Act No. 13236, Mar. 27, 2015
Act No. 13609, Dec. 22, 2015
Act No. 14416, Dec. 20, 2016
Act No. 14839, Jul. 26, 2017
Act No. 15045, Nov. 28, 2017
The purpose of this Act is to search for and excavate the remains of soldiers killed in the Korean War, which have yet to be recovered, and rebury them in National Cemeteries so as to honor the noble spirits of those who sacrificed their lives and serve to inspire citizens with the spirit of patriotism.
The terms used in this Act shall be defined as follows: <Amended by Act No. 13609, Dec. 22, 2015>
| 2. | The term "war dead" means any of the following persons who were killed or went missing in action during the Korean War: |
| (d) | Person recognized by the Minister of National Defense to have served in the Korean War (including any juvenile who served in the War as a volunteer soldier); |
| (e) | Person recognized by the Commissioner General of the National Police Agency to have served in the Korean War under the direction and control of the chief of any police station or other police office; |
| (f) | War correspondent who was killed or went missing in the course of combat or other military operations while serving in the Korean War with approval of the Government; |
| (g) | Person who was killed or went missing in combat or other similar action or during related military education and training as a person mobilized pursuant to the Mobilization of Labor Force in Time of War Act (referring to the Act which was in force before it was repealed by Act No. 5846 on February 8, 1999), member of a young men's association, member of a homeland defense corps, fire officer, volunteer fire officer, student soldier or member of any other patriotic organization; |
| 3. | The term "remains of the war dead" means the whole or part of the skulls and bones of the war dead under subparagraph 2. |
| Article 3 (Relationship with Other Acts) |
This Act shall take precedence over any other Act governing the search for and excavation (including the recovery, field identification, etc. of remains; hereinafter referred to as "search and excavation") of the remains of the war dead.
| Article 4 (Duties of State) |
The State shall establish a policy necessary to search for and excavate the remains of the war dead and rebury them in National Cemeteries, as well as to return them to their surviving families.
| Article 5 (Establishment of Agency for KIA Recovery and Identification) |
| (1) | The Agency for Killed in Action (KIA) Recovery and Identification shall be established within the Ministry of National Defense to perform the work of searching for, excavating and identifying the remains of the war dead. |
| (2) | The Agency for KIA Recovery and Identification shall have one Director and other necessary servicepersons and civilian employees. |
| (3) | The Director shall be appointed and dismissed by the Minister of National Defense, from among field-grade officers and civilian employees. |
| (4) | Other necessary matters regarding the establishment and operation of the Agency for KIA Recovery and Identification shall be prescribed by Presidential Decree. |
| Article 6 (Establishment and Implementation of Basic Plans for Search for, Excavation, etc. of War Dead Remains) |
| (1) | The Minister of National Defense shall establish and implement a five-year basic plan for the search for, excavation, etc. of he remains of the war dead. |
| (2) | The Minister of National Defense shall establish and implement an implementation plan annually to implement the basic plans. |
| Article 7 Deleted. <by Act No. 13236, Mar. 27, 2015> |
| Article 8 (Protection, Report on Discovery, etc. of Remains of War Dead) |
| (1) | No person shall damage or deal with the remains or relics of the war dead at his/her discretion. |
| (2) | Any person who discovers any remains presumed to be those of the war dead shall leave the current state of such remains unaltered and report such discovery, without delay, to the head of the Si/Gun/Gu (referring to an autonomous Gu), the chief of the police station (including the chief of a coast guard station; hereinafter the same shall apply), or the commander of the military unit (hereinafter referred to as "head of an administrative agency, etc.") having jurisdiction over the place where such remains have been discovered. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | The head of an administrative agency, etc. upon receipt of such report under paragraph (2) shall inform the Minister of National Defense of the details thereof. |
| (4) | The Minister of National Defense may request the head of an administrative agency, etc. to take certain measures prescribed by Presidential Decree to protect the remains of the war dead, such as erecting an information board on the site where they are found. |
| Article 9 (Search for and Excavation of War Dead Remains) |
| (1) | If it is deemed that the remains of the war dead are buried, the Minister of National Defense may search for and excavate the relevant land, public water area, etc. (hereinafter referred to as "land, etc."), and make access to or temporarily use another's land, etc. or, if unavoidable, remove or make alterations on crops, trees or other obstacles, to the extent necessary to carry out such search and excavation. |
| (2) | The Minister of National Defense shall, when seeking to search for and excavate the remains of the war dead, first develop a plan for such search and excavation and give notice thereof to the owner, occupant or manager of the relevant land, etc. and other interested persons. |
| (3) | If any land, etc. recognized to contain the remains of the war dead is located within an area in which making cultural heritage assets available to the public is restricted pursuant to Article 48 (2) and (3) of the Cultural Heritage Protection Act or falls under the area, etc. recognized to contain any buried cultural heritage asset under Article 4 of the Act on Protection and Inspection of Buried Cultural Heritage, the Minister of National Defense may first consult with the Administrator of the Cultural Heritage Administration and then search for and excavate the remains of the war dead depending on the results of such consultation, notwithstanding Articles 35 and 48 (5) of the Cultural Heritage Protection Act and Article 11 of the Act on Protection and Inspection of Buried Cultural Heritage. In such cases, if any buried cultural heritage asset is discovered in the process of search and excavation, the Minister shall immediately give notice thereof to the Administrator of the Cultural Heritage Administration to hold an additional consultation with him/her. <Amended by Act No. 15045, Nov. 28, 2017> |
| (4) | If it is deemed that the remains of the war dead are buried in any such unclaimed grave as referred to in Article 28 of the Act on Funeral Services, etc., the Minister of National Defense may search for, excavate and bury such remains elsewhere, notwithstanding the provisions of the said Article. |
| (5) | The Minister of National Defense shall, upon completion of search for and excavation of the remains of the war dead, restore the relevant land, etc. to the original state: Provided, That this shall not apply in cases where it is impossible or very difficult to restore such land, etc. to the original state and so compensation is made pursuant to Article 13. |
| (6) | Any person who intends to make access to another's land, etc. to search for and excavate the war dead's remains in accordance with a search and excavation plan under paragraph (2) shall carry a certificate of his/her authority and present it to the owner, occupant or manager of such land, etc. and other interested persons. |
| (7) | The details, methods for development, procedures for notification, etc. of the search and excavation plan under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 10 (Identification of War Dead Remains, Preservation of Remains and Relics of War Dead, etc.) |
| (1) | If any remains excavated are recognized as those of the war dead, the Minister of National Defense shall take genetic samples therefrom or other measures to confirm identity thereof. |
| (2) | The remains of the war dead which undergo the process of identification under paragraph (1) shall be disposed of according to the following classification: |
| 1. | For the remains of the war dead whose surviving families are confirmed: They shall be returned to the war dead's native homes or buried in a National Cemetery under the Act on the Establishment and Management of National Cemeteries, depending on the wishes of their surviving families (referring to the bereaved families and other families under Article 5 (1) of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State. In such cases, the term "persons of distinguished services to the State" shall be deemed "the war dead"; hereinafter the same shall apply); |
| 2. | For the remains of the war dead whose surviving family or identity has yet to be confirmed: They shall be kept in a remains repository designated by the Minister of National Defense until the war dead's surviving families are confirmed. |
| (3) | If deemed that the remains excavated are not the war dead's ones but require a criminal investigation, the Minister of National Defense shall give notice thereof to the chief of a police station which has jurisdiction over an area in which such remains are excavated. |
| (4) | With respect to any relics excavated together with the remains of the war dead, necessary measures for the preservation, etc. thereof may be taken so that they can be utilized as materials for identification of the war dead's remains and for education on national defense and patriots and veterans, as prescribed by Presidential Decree. |
| (5) | The standards and procedures for recognition of the remains of the war dead under paragraph (1), the standards, methods and procedures for identification thereof, etc. shall be prescribed by Presidential Decree. |
| Article 11 (Genetic Testing) |
| (1) | If necessary to confirm identities of the remains of the war dead and their surviving families, the Minister of National Defense may conduct a genetic test on the remains of the war dead and surviving families, as prescribed by the Bioethics and Safety Act. |
| (2) | The Minister of National Defense, upon conducting a genetic test under paragraph (1), shall keep and maintain the results, etc. of such testing and other related materials, as prescribed by Presidential Decree, notwithstanding Article 52 of the Bioethics and Safety Act. <Amended by Act No. 11250, Feb. 1, 2012> |
The Minister of National Defense may reward any person who has contributed to the excavation, identification, etc. of the war dead's remains through having offered information, testimony, reporting on discovery, etc., depending on the degree of such contribution and the results of search for and excavation of such remains, as prescribed by Presidential Decree.
| Article 13 (Compensation for Loss) |
| (1) | The Minister of National Defense shall be liable for any of the following loss caused to another person: |
| 1. | Loss caused by access to or digging or other temporary use of another's land, etc. or to crops, fruit trees, etc. cultivated on such land, etc. following a search and excavation under Article 9: Provided, That this shall not apply in cases where the land, etc. so damaged is restored to the original state; |
| 2. | Other loss caused to another person following the search for, excavation, reburial, etc. of the remains of the war dead under this Act. |
| (3) | The procedures, etc. for compensation for loss under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 14 (Cooperation with Relevant Administrative Agency) |
| (1) | If necessary to search for, excavate and identify the remains of the war dead, the Minister of National Defense may request the heads of the administrative agency and local governments to cooperate in the following matters. In such cases, the heads of the relevant administrative agency and local government shall comply with such request unless a reasonable ground exists to the contrary: <Amended by Act No. 10465, Mar. 29, 2011; Act No. 13236, Mar. 27, 2015> |
| 1. | Matters relating to publicity for residents necessary to secure information or testimony concerning the remains of the war dead, support for sampling of genes from the war dead's surviving families and so on; |
| (2) | The Minister of National Defense shall collect information under each subparagraphs of paragraph (1) within the minimum scope necessary to accomplish the purpose of use, and shall not use the information so collected for any other purpose. <Amended by Act No. 13236, Mar. 27, 2015> |
| Article 15 (Delegation of Authority) |
The Minister of National Defense may delegate the part of his/her authority under this Act to the Director of the Agency for KIA Recovery and Identification, as prescribed by Presidential Decree.
| Article 16 (Penalty Provisions) |
Any person who damages or deals with the remains or relics of the war dead at his/her discretion in violation of Article 8 (1) shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won. <Amended by Act No. 12563, May 9, 2014>
| Article 17 (Joint Penalty Provisions) |
Where the representative of a legal entity, or an agent, employee of, or any other person employed, by a legal entity or an individual commits an offence under Article 8 (1) in relation to the business affairs of the legal entity or individual, not only shall such offender be punished, but also the corporation or individual shall be punished by a fine under Article 16: Provided, That the same shall not apply to cases where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offence. <Amended by Act No. 14416, Dec. 20, 2016>
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Search for, Excavation, etc. of War Dead Remains) The search for, excavation, identification, reburial, etc. of the remains of the war dead conducted by the Minister of National Defense or by the head of an agency under direct control of the Ministry of National Defense who takes charge of the work of search for, excavation, etc. of the remains of the war dead, before this Act enters into force, shall be deemed to be carried out pursuant to this Act to the extent that is not contrary to the intent of this Act. |
| (3) | (Transitional Measures concerning Compensation for Loss) Compensation for any loss caused to a third person in the process of performing the work of search for, excavation, reburial, etc. of the remains of the war dead by the Minister of National Defense or by the head of an agency under direct control of the Ministry of National Defense who takes charge of the work of search for, excavation, etc. of the remains of the war dead, before this Act enters into force, may be made in accordance with Article 13. |
ADDENDA <Act No. 10465, Mar. 29, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11250, Feb. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12563, May 9, 2014>
This Act shall enter into force three months after the date of its promulgation.
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 part of the Act amended by the Addenda 6 to the Government Organization Act, which was promulgated before the Government Organization Act enters into force but the enforcement date of which has not arrived yet, shall enter into force on the enforcement date of such Act. Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13236, Mar. 27, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13609, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 14416, Dec. 20, 2016>
This Act shall enter into force on the date of its promulgation.
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.
ADDENDUM <Act No. 15045, Nov. 28, 2017>
This Act shall enter into force on the date of its promulgation.