ENFORCEMENT DECREE OF THE ACT ON FINDING THE TRUTH OF THE DAMAGE FROM NORTH KOREA’S ABDUCTION DURING THE KOREAN WAR AND RESTORING HONOR OF THE VICTIMS
Presidential Decree No. 22403, Sep. 27, 2010
Amended by Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 24422, Mar. 23, 2013
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 26510, Sep. 8, 2015
Presidential Decree No. 26844, Dec. 31, 2015
Presidential Decree No. 26922, Jan. 22, 2016
Presidential Decree No. 28211, Jul. 26, 2017
| Article 2 (Composition, etc. of Committee) |
| 1. | The Minister of Foreign Affairs, the Minister of Unification, the Minister of National Defense, the Minister of the Interior and Safety, or the Commissioner General of the Korean National Police Agency; |
| 2. | Not exceeding three members of families of persons abducted to North Korea in wartime (hereinafter referred to as "families of abductees") who are commissioned by the Prime Minister upon the recommendation of the Minister of Unification; |
| 3. | Not exceeding six persons with extensive knowledge about and experience in relevant fields who are commissioned by the Prime Minister upon the recommendation of the Minister of Unification. |
| (2) | Members of the Committee referred to in paragraph (1) 2 and 3 shall serve a two-year term. |
| Article 2-2 (Dismissal of Members) |
The Prime Minister may dismiss a member of the Committee referred to in Article 2 (1) 2 or 3 if: | 1. | The member becomes unable to perform his/her duties due to any mental or physical impairment on his/her part; |
| 2. | The member commits any misdeed in relation to his/her duties; |
| 3. | The member is deemed unfit as a member due to neglect of his/her duties, injury to dignity, or any other reason; |
| 4. | The member voluntarily manifests his/her unfitness to perform the duties of his/her office. |
[This Article Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015]
| Article 3 (Exclusion, Challenge and Abstention of Members) |
| (1) | A member of the Committee shall be excluded from deliberations and decisions of the Committee if: |
| 1. | The member is or was a relative of a person who has filed a report on damage (hereinafter referred to as "reporter") pursuant to Article 11 or of a person abducted to North Korea in wartime (hereinafter referred to as "abductee") for whom the reporter has filed a report; |
| 2. | The member has testified or conducted an appraisal in relation to the relevant report on damage; |
| 3. | The member is or was involved in the relevant report as the reporter's agent; |
| 4. | The member is or was involved in any investigation or trial in relation to the relevant report on damage. |
| (2) | Where the circumstances indicate that it would be impracticable to expect fair deliberations and decisions of a member of the Committee, a reporter may file an application for challenge to the member with the Committee. In such cases, the challenged member may state his/her opinion on the application for challenge but shall not participate in making the decision on the application for challenge. |
| (3) | Where a member of the Committee falls under any subparagraph of paragraph (1) or the ground specified in paragraph (2), he/she may voluntarily abstain from all deliberations and decisions on the relevant report on damage. |
| Article 4 (Chairperson's Duties) |
| (1) | The Chairperson of the Committee (hereinafter referred to as the "Chairperson") shall represent the Committee and preside over the affairs of the Committee. |
| (2) | Where the Chairperson is unable to perform his/her duties in extenuating circumstances, a member pre-designated by the Chairperson shall act on his/her behalf. |
| (1) | The Chairperson shall convene and preside over the meetings of the Committee. |
| (2) | Meetings of the Committee shall be held with the attendance of a majority of all incumbent members, and resolutions shall be adopted with the consent of a majority of the members present. |
| (1) | A subcommittee may be established, if necessary to efficiently perform the affairs of the Committee. |
| (2) | Matters necessary for the establishment and operation of a subcommittee shall be determined by the Chairperson after a resolution by the Committee. |
| Article 7 (Expert Members) |
| (1) | The Committee may have expert members, if necessary to inspect and research specialized matters relating to the affairs of the Committee. |
| (2) | Research expenses may be paid and travel expenses may be reimbursed within budgetary limits to expert members. |
| (1) | The Committee shall have one secretary, who shall perform the affairs of the Committee. |
| (2) | The secretary general referred to in Article 10 (1) shall serve as a secretary. |
| Article 9 (Allowances, etc.) |
| (1) | Allowances may be provided and travel expenses may be reimbursed within budgetary limits to members who attend a Committee meeting: Provided, That the same shall not apply to a public official who attends a Committee meeting in direct relation to his/her affairs. |
| (2) | Travel expenses and actual expenses may be reimbursed within budgetary limits to any witness or reference witness who attends a Committee meeting. |
| Article 10 (Composition, etc. of Secretariat) |
| (1) | The secretariat referred to in Article 6 of the Act (hereinafter referred to as the "secretariat") shall have one secretary general and the necessary staff. |
| (2) | The secretary general may perform affairs in compliance with the Chairperson's orders, direct and supervise staff members under his/her management, and attend a Committee meeting to state his/her opinion. |
| (3) | The secretariat shall exist for three months from the date the fact-finding report on the damage from North Korea's abduction during the Korean War referred to in Article 10 (1) of the Act is publicized. |
| Article 11 (Reporting on Damage) |
| (1) | A person who intends to file a report on damage to abductees and families of abductees in accordance with the public notice referred to in Article 13 of the Act shall submit a report on the damage from North Korea' abduction in attached Form 1 to the working committee to find the truth of the damage from North Korea’s abduction during the Korean War and restore honor of the victims established under Article 5 of the Act (hereinafter referred to as "working committee"); to the head of an overseas diplomatic mission; or to the head of a Si/Gun/Gu (the head of a Si includes the head of an administrative city referred to in Article 11 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, and the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply); along with the following documents: <Amended by Presidential Decree No. 26922, Jan. 22, 2016> |
| 1. | A certificate of family relationship (where it is impracticable to verify the relationship between the relevant abductee and the reporter, a written statement of the reason for filing a report on damage shall be submitted instead); |
| 2. | A certified copy of removal (where it is impracticable to verify the relationship between the relevant abductee and the reporter, a written statement of the reason for filing a report on damage shall be submitted instead); |
| 3. | An explanatory note on North Korea's abduction in attached Form 2; |
| 4. | Evidential material verifying the reason for filing a report on damage (where no evidential material exists, letters of guarantee in attached Form 3 which have been prepared by at least two persons shall be submitted instead); |
| 5. | A letter of delegation (limited to where an agent submits a report on damage); |
| 6. | A copy of the relevant agent's identification card (limited to where the agent submits a report on damage). |
| (2) | Upon receipt of a report on the damage from North Korea's abduction under paragraph (1), the head of an overseas diplomatic mission shall submit the report to the Committee, and the head of a Si/Gun/Gu shall submit the report to the competent working committee without delay. |
| (3) | Upon receipt of a report on damage under paragraph (1) or (2), the chairperson of a working committee (hereinafter referred to as the chairperson of a working committee) and the Chairperson shall record it in the register of receipt of reports on the damage from North Korea's abduction in attached Form 4. |
| Article 12 (Factual Investigation) |
| (1) | Upon receipt of a report on the damage from North Korea' abduction under Article 11 (1), the chairperson of a working committee shall conduct a factual investigation into the details of the report, required documents, etc., and submit the results of the investigation to the Committee within 60 days from the receipt date of the report: Provided, That the period for submission may be extended only once by up to 30 days, if requested by the chairperson of a working committee to conduct the factual investigation. |
| (2) | Upon receipt of a report on the damage from North Korea' abduction from the head of an overseas diplomatic mission under Article 11 (2), the Committee shall conduct a factual investigation into the details of the report, required documents, etc. |
| (3) | Where the Chairperson deems it necessary to conduct a supplementary investigation in relation to the factual investigation referred to in paragraph (1) or (2), he/she may request the heads of relevant agencies, the head of the relevant overseas diplomatic mission or relevant persons to submit data or state their opinions. |
| (4) | The items and method of the factual investigation referred to in paragraphs (1) and (2) and other matters necessary therefor shall be determined by the Chairperson after deliberation by and a resolution of the Committee. |
| Article 13 (Examination and Determination) |
| (1) | The Committee shall examine and determine an abductee by ascertaining the truth within 90 days from the date it receives a report on the damage from North Korea' abduction from the head of an overseas diplomatic mission pursuant to Article 11 (2) or from the date it receives the results of a factual investigation from a working committee pursuant to Article 12 (1), and then notify the relevant reporter of the results of the examination and determination without delay, using the notice in attached Form 5. |
| (2) | Where investigation for ascertaining the truth is delayed or any other extenuating circumstances exist, the Committee may extend the determination period referred to in paragraph (1) by authority of the Chairperson only twice. In such cases, each extension period shall not exceed 90 days. |
| (3) | Where the Committee intends to extend the determination period pursuant to paragraph (2), it shall notify without delay the relevant reporter of the grounds for extending the determination period and the scheduled deadline for determination seven days before the expiration of the determination period referred to in paragraph (1). |
| (4) | The Committee shall prepare and retain a list of the names of persons determined to be abductees pursuant to paragraph (1). |
| Article 14 (Details of Fact-Finding Report) |
A fact-finding report on the damage from North Korea's abduction during the Korean War referred to in Article 10 (1), shall include the following matters: | 1. | The truth of the damage from North Korea's abduction during the Korean War; |
| 2. | The number and names of abductees; |
| 3. | Reasons for the delay in finding the truth of the damage from North Korea's abduction during the Korean War; |
| 4. | Endeavors of families of abductees and relevant organizations to find the truth of the damage from North Korea's abduction during the Korean War, and their achievements; |
| 5. | Details of the damage from North Korea's abduction unascertained through fact-finding, and the reason for failure to ascertain the truth; |
| 6. | The methods of investigation used to find the truth, documents inspected, areas investigated, etc. ; |
| 7. | Details of investigation conducted by the Committee, and the management and preservation of data, etc. obtained as a result of investigation; |
| 8. | Matters on which the Committee has deliberated and decided to include in the fact-finding report, other than those specified in subparagraphs 1 through 7. |
| Article 15 (Memorial Projects) |
The Minister of Unification shall promote the following projects within budgetary limits pursuant to Article 11 of the Act: | 1. | Establishing a memorial hall, memorial tower, etc. relating to the damage from North Korea's abduction during the Korean War; |
| 2. | Supporting educational and academic activities relating to the damage from North Korea's abduction during the Korean War; |
| 3. | Supporting publicity in Korea and abroad relating to the damage from North Korea's abduction during the Korean War; |
| 4. | Supporting memorial services for abductees; |
| 5. | Any other projects deemed by the Committee necessary to restore honor of abductees and families of abductees. |
| Article 16 (Public Notice) |
Where the Committee publicly notifies report centers pursuant to Article 13 of the Act, it shall publish the following matters in the Official Gazette, and publicly notify such centers through a daily newspaper published for nationwide distribution, broadcasting, its web-site, etc.: | 1. | Subject matter of a report on damage; |
| 2. | Qualifications of a reporter; |
| 6. | Procedures for deliberations and decisions; |
| 7. | Any other matters necessary for filing a report on damage. |
| Article 17 (Delegation and Entrustment of Duties) |
The Committee may delegate or entrust any of the following matters to relevant agencies, including local governments, or to relevant experts pursuant to Article 15 (2) of the Act: | 1. | Investigation of data relating to North Korea's abductions; |
| 2. | Analysis, management and custody of data collected pursuant to subparagraph 1. |
| Article 18 (Management of Personally Identifiable Information) |
The Committee or a working committee may manage data which include resident registration numbers referred to in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, passport numbers referred to in subparagraph 2 of Article 19 of the same Decree or foreigner registration numbers referred to in subparagraph 4 of Article 19 of the same Decree, if it is inevitable to conduct a factual investigation under Article 12 or to perform affairs relating to the examination and determination under Article 13. [This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
ADDENDUM
This Decree shall enter into force on September 27, 2010.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24422, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That amendments to Presidential Decrees already promulgated which have not yet entered into force before this Decree enters into force, among Presidential Decrees amended pursuant to Article 5 of the Addenda, shall enter into force on the dates the respective relevant Presidential Decrees enter into force.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26510, Sep. 8, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Forms)
Forms prescribed in the former provisions as at the time this Decree enters into force may be used along with the Forms prescribed in this Decree until December 31, 2015.
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Presidential Decrees amended by Article 8 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have not arrived yet, shall enter into force on the enforcement date of the respective Decrees.
Articles 2 through 8 Omitted.