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SPECIAL ACT ON THE RESTORATION OF HONOR FOR PARTICIPANTS IN THE DONGHAK PEASANTS REVOLUTION

Act No. 7177, Mar. 5, 2004

Amended by Act No. 8277, Jan. 26, 2007

Act No. 8852, Feb. 29, 2008

Act No. 10110, Mar. 17, 2010

Act No. 15262, Dec. 19, 2017

 Article 1 (Purpose)
The purpose of this Act is to honor, succeed to, and develop the patriotic spirit of people who participated in the Donghak Peasant Revolution in order to reform the feudal system and protect national sovereignty from the Imperialist Japan, thereby invigorating national spirit, and restoring honor to the participants in the Donghak Peasant Revolution and their bereaved family members.
[This Article Wholly Amended by Act No. 10110, Mar. 17, 2010]
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "participants in the Donghak Peasant Revolution" means participants in a revolution led by peasants who rose up in arms for the first time in March 1894 to reform the feudal system and again for the second time in September of the same year to protect national sovereignty against the aggression of the Imperialist Japan, which developed into an anti-Japan armed strives;
2. The term "bereaved family members" means sons and daughters, grandsons and granddaughters, great-grandsons and great-granddaughters, and great-great-grandsons and great-great-granddaughters of participants in the Donghak Peasant Revolution.
[This Article Wholly Amended by Act No. 10110, Mar. 17, 2010]
 Article 3 (Deliberation Committee for Restoration of Honor to Participants in Donghak Peasant Revolution)
(1) A deliberation committee for the restoration of honor to participants in the Donghak Peasant Revolution (hereinafter referred to as "Committee") shall be established under the jurisdiction of the Minister of Culture, Sports and Tourism to deliberate on and determine matters concerning making decisions on whether a person is a participant in the Donghak Peasant Revolution or the registration of a participant and his/her bereaved family members. <Amended by Act No. 15262, Dec. 19, 2017>
(2) Deleted. <by Act No. 15262, Dec. 19, 2017>
(3) The Committee shall consist of not more than nine members including one chairperson; the Minister of Culture, Sports and Tourism shall appoint or commission members of the Committee from among relevant public officials, representatives of bereaved families and persons who have extensive knowledge and experience, and appoint the chairperson from among the members thereof, as prescribed by Presidential Decree. <Amended by Act No. 15262, Dec. 19, 2017>
(4) The term of office of a member who is not a public official shall be three years, and he/she may serve consecutive terms: <Newly Inserted by Act No. 15262, Dec. 19, 2017>
(5) The term of office of a member who fills a vacancy, who is not a public official, shall be the remainder of the unexpired term of his/her predecessor. <Newly Inserted by Act No. 15262, Dec. 19, 2017>
(6) Matters necessary to operate the Committee shall be prescribed by Presidential Decree. <Amended by Act No. 15262, Dec. 19, 2017>
[This Article Wholly Amended by Act No. 10110, Mar. 17, 2010]
 Article 4 (Dismissal and Removal of Members)
Where a member of the Committee falls under any of the following, the Minister of Culture, Sports and Tourism may dismiss or remove the relevant member:
1. Where he/she is unable to perform his/her duties due to his/her physical or mental disability;
2. Where he/she commits irregularities in relation to his/her duties;
3. Where he/she is deemed unfit to maintain the office of a member due to dereliction of duty, injury to the dignity of a member, or for other reasons;
4. Where he/she voluntarily makes it clear that it is difficult for him/her to perform his/her duties.
[This Article Wholly Amended by Act No. 15262, Dec. 19, 2017]
 Article 5 (Registration of Bereaved Family Members)
(1) A person who intends to be recognized as a bereaved family member shall file an application for registration as a bereaved family member to the Committee along with relevant documents prescribed by Presidential Decree. <Amended by Act No. 15262, Dec. 19, 2017>
(2) Where the Committee receives an application for registration pursuant to paragraph (1), it shall deliberate on eligibility for registration and adopt a resolution on registration by the end of December of the year following the year in which it receives an application for registration. <Amended by Act No. 15262, Dec. 19, 2017>
(3) Deleted. <by Act No. 15262, Dec. 19, 2017>
[This Article Wholly Amended by Act No. 10110, Mar. 17, 2010]
 Article 6 (Inspection into Fact)
Where it is necessary for the Committee to deliberate and pass resolutions on matters under its jurisdiction, it may hear statements from applicants for registration of bereaved family members or unsworn witnesses, conduct verifications, or inspect into facts. <Amended by Act No. 15262, Dec. 19, 2017>
[This Article Wholly Amended by Act No. 10110, Mar. 17, 2010]
 Article 7 (Responsibilities of Relevant Institutions for Cooperation)
The Committee may request the relevant institutions for perusal, supply, etc. of data to collect data concerning the Donghak Peasant Revolution, and such relevant institutions shall comply therewith unless any special reason exists. <Amended by Act No. 15262, Dec. 19, 2017>
[This Article Wholly Amended by Act No. 10110, Mar. 17, 2010]
 Article 8 (Commemorative Projects)
The Government shall promote the following projects to succeed to the devotion to the country and people of the participants in the Donhak Peasant Revolution: <Amended by Act No. 15262, Dec. 19, 2017>
1. Construction of Donghak Peasant Revolution memorial hall, Donghak Peasant Revolution commemorative tower, Donghak Peasant Revolution memorial park, and other commemorative facilities;
2. Scientific research and exchanges concerning the Donghak Peasant Revolution;
3. Arrangement of relics from the Donghak Peasant Revolution;
4. Projects to restore honor to the participants in the Donghak Peasant Revolution and their bereaved family members.
[This Article Wholly Amended by Act No. 10110, Mar. 17, 2010]
 Article 9 (Donghak Peasant Revolution Memorial Foundation)
(1) In order to promote memorial projects concerning the Donghak Peasant Revolution, a Donghak Peasant Revolution Memorial Foundation (hereinafter referred to as "Memorial Foundation") shall be established with the authorization of the Minister of Culture, Sports and Tourism.
(2) The Memorial Foundation shall be a corporation.
(3) The Memorial Foundation shall have executives and necessary personnel as stipulated by its articles of association.
(4) The Memorial Foundation shall perform the following projects:
1. Operation of Donghak Peasant Revolution memorial hall and data center;
2. Donghak Peasant Revolution commemorative projects and memorial projects;
3. Projects for collection, management, preservation, exhibition, and exchange of data concerning the Donghak Peasant Revolution;
4. Projects for restoring honor to the participants in the Donghak Peasant Revolution and their bereaved family members;
5. Projects for maintaining the relics from the Donghak Peasant Revolution;
6. Establishment and operation of the Donghak Peasant Revolution;
7. Other projects appropriate for inheriting the spirit of the Donghak Peasant Revolution.
(5) Where it is necessary to create the Donghak Peasant Revolution Memorial Park, notwithstanding the State Property Act and the Public Property and Commodity Management Act, the State or a local government may transfer state property or pubic property (limited to land) to the Memorial Foundation without compensation. In such cases, the uses of state property or public property which is transferred shall be deemed abolished without following special procedures for abolishing the uses thereof. <Amended by Act No. 15262, Dec. 19, 2017>
(6) Where the State or a local government transfers state property or pubic property without compensation pursuant to paragraph (5), the relevant property management agency and the Memorial Foundation shall stipulate the details, conditions, procedures, etc. of the transfer thereof by contract. <Newly Inserted by Act No. 15262, Dec. 19, 2017>
(7) The State and local governments may subsidize expenses incurred in conducting projects and affairs of the Memorial Foundation within budgetary limits. <Newly Inserted by Act No. 15262, Dec. 19, 2017>
(8) Except as otherwise expressly prescribed by this Act, provisions concerning incorporated foundations among the Civil Act shall apply mutatis mutandis to the Memorial Foundation. <Amended by Act No. 15262, Dec. 19, 2017>
[This Article Wholly Amended by Act No. 10110, Mar. 17, 2010]
 Article 10 (Entrustment of Operation of Committee and Conduct of Affairs)
(1) The Minister of Culture, Sports and Tourism may entrust the operation of the Committee and the conduct of affairs to the Memorial Foundation, as prescribed by Presidential Decree.
(2) Where the Minister of Culture, Sports and Tourism entrusts the operation of the Committee and the conduct of affairs pursuant to paragraph (1), he/she may subsidize expenses incurred in operating the Committee and conducting affairs.
[This Article Newly Inserted by Act No. 15262, Dec. 19, 2017]
 Article 11 (Legal Fiction as Public Officials When Applying Penalty Provisions)
When applying Articles 127 and 129 through 132 of the Criminal Act, members who are not public officials among members of the Committee and executives and employees of the Memorial Foundation who engage in conducting affairs entrusted by the Minister of Culture, Sports and Tourism pursuant to Article 10 shall be deemed public officials.
[This Article Newly Inserted by Act No. 15262, Dec. 19, 2017]
ADDENDUM
This Act shall enter into force six month after the date of its promulgation.
ADDENDA <Act No. 8277, Jan, 26, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Special Cases concerning Application for Registration of Bereaved Family Members)
Notwithstanding Article 5 (1), a person who intends to be recognized as a bereaved family member may file an application for registration as a bereaved family member to the working committee within six months from the date this Act enters into force.
Article 3 (Transitional Measures concerning Donghak Peasant Revolution Foundation)
(1) The Donghak Peasant Revolution Foundation, an incorporated foundation, established with the authorization of the Minister of Culture, Sports and Tourism as prescribed in Article 32 of the Civil Act as at the time this Act enters into force shall prepare the articles of association of the Foundation pursuant to this Act within two months from January 1, 2010 and obtain authorization from the Minister of Culture, Sports and Tourism.
(2) When the Donghak Peasant Revolution Foundation, an incorporated foundation, obtains authorization prescribed in the provisions of paragraph (1), it shall register its establishment pursuant to this Act.
(3) When the Donghak Peasant Revolution Foundation, an incorporated foundation, finishes registration of establishment as prescribed in the provisions of paragraph (2), it shall be deemed dissolved, notwithstanding the provisions concerning dissolution and liquidation in the Civil Act.
(4) The Foundation pursuant to this Act shall succeed to all rights, obligations and property of the Donghak Peasant Revolution Foundation, an incorporated foundation, on the date of registration of its establishment.
(5) The executives and employees of the Donghak Peasant Revolution Foundation, an incorporated foundation, as at the time this Act enters into force shall be deemed the executives and employees of the Foundation pursuant to this Act, and their term of office shall be counted from the date of previous appointment.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 10110, Mar. 17, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 15262, Dec. 19, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Special Cases concerning Members of Committee)
Notwithstanding Article 3 (1) of Addenda, the term of office of a member appointed or commissioned pursuant to the former Article 3 (3) before this Act enters into force shall be deemed expired on the day before the enforcement date of this Act.
Article 3 (Transitional Measures concerning Committee, etc.)
(1) The Committee under the former provisions at the time this Act enters into force shall be deemed the Committee under the amended provision of Article 3 (1).
(2) Any act done by the Committee and working committees under the former provisions before this Act enters into force shall be deemed any act done by the Committee under the amended provision of Article 3 (1).