Law Viewer

Back Home

SPECIAL ACT ON ASSET CONFISCATION FOR PRO-JAPANESE AND ANTI-NATIONAL COLLABORATORS TO THE STATE

Act No. 7769, Dec. 29, 2005

Amended by Act No. 7975, Sep. 22, 2006

Act No. 10646, May 19, 2011

 Article 1 (Purpose)
The purpose of this Act is to realize justice, firmly establish national spirit, and realize the constitutional ideology of the March 1st Independence Movement which was a resistance movement against Japanese Imperialism, by devolving to the State the property accumulated by pro-Japanese and anti-national collaborators who have cooperated with the colonial rule of Japanese imperialism and oppressed our people during that period, and by promoting safety of transactions by protecting third parties in good faith.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 7975, Sep. 22, 2006; Act No. 10646, May 19, 2011>
1. The term "pro-Japanese and anti-national collaborator whose property is subject to devolvement to the State (hereinafter referred to as "pro-Japanese and anti-national collaborator")" means any of the following persons:
(a) Any person who has committed any act defined in subparagraph 6, 8, or 9 of Article 2 of the Special Act on Finding the Truth of Anti-National Acts under the Colonial Rule of Japanese Imperialism (Chamui (a position in the Jungchuwon which is a consultative council under the Viceroy) defined in subparagraph 9 shall include Chanui (a position in the Jungchuwon) and Buchanui (immediately lower position of Chanui): Provided, That even those who fall into this category shall be excluded herefrom if they are decided by the Investigative Commission on Pro-Japanese Collaborators' Property established under Article 4 as those who have actively participated in the independence movement or otherwise performed similar activities;
(b) Any person who has received or succeeded to a title of nobility under Japanese Imperialism among pro-Japanese and anti-national collaborators decided by the Investigative Commission on Pro-Japanese Collaborators' Property established under Article 4 of the Special Act on Finding the Truth of Anti-National Acts under the Colonial Rule of Japanese Imperialism: Provided, That even those who fall into this category shall be excluded herefrom if they are decided by the Investigative Commission on Pro-Japanese Collaborators' Property established under Article 4 as those who have rejected or returned the titles, or actively participated in the independence movement later or otherwise performed similar activities;
(c) Any person whose degree of Japanophilism is judged by the Investigative Commission on Pro-Japanese Collaborators' Property established under Article 4 as extremely serious, such as a person who killed or wounded, executed, cruelly treated, or arrested a person who participated in the independence movement or anti-Japanese movement or his/her family members, among persons who committed any pro-Japanese and anti-national act defined in Article 2 of the Special Act on Finding the Truth of Anti-National Acts under the Colonial Rule of Japanese Imperialism and a person who instructed to perform such activities or issued orders to do so;
2. The term "property of a pro-Japanese and anti-national collaborator (hereinafter referred to as "pro-Japanese collaborator's property")" means the property acquired by a pro-Japanese and anti-national collaborator in return for his/her cooperation provided to the authorities of Japanese Imperialism from the time when the Russo-Japanese War commenced, which was the time the pillage of the national sovereignty began, until August 15, 1945, or the property bequeathed to or bestowed upon a person knowing that it is the inherited property of such nature or pro-Japanese collaborator's property. In such cases, the property acquired by a pro-Japanese and anti-national collaborator from the commencement of the Russo-Japanese War until August 15, 1945 shall be presumed to be the property acquired in return for pro-Japanese acts.
 Article 3 (Devolvement of Pro-Japanese Collaborator's Property to the State, and Other Relevant Matters)
(1) Pro-Japanese collaborators' property (including property used, occupied or managed by the State among the pro-Japanese collaborator's property which are used, occupied or managed by a foreign embassy or army in accordance with an international convention or agreement) shall fall under the ownership of the State as at the time any causative act, such as acquisition or bestowal, occurs. However, the State shall not impair the right acquired by a third party in good faith or acquired after making payment therefor.
(2) Detailed procedures for the devolvement of pro-Japanese collaborators' property to the State and other necessary matters shall be prescribed by Presidential Decree.
 Article 4 (Establishment of Investigative Commission on Pro-Japanese Collaborators' Property)
In order to deliberate on and decide matters related to investigation, handling, etc. of pro-Japanese collaborators' property, there is hereby established the Investigative Commission on Pro-Japanese Collaborators' Property (hereinafter referred to as the "Commission") under the jurisdiction of the President.
 Article 5 (Duties, etc. of the Commission)
(1) The Commission shall perform the following duties:
1. Investigation and selection of pro-Japanese and anti-national collaborators;
2. Investigation of the property of pro-Japanese and anti-national collaborators and determination of whether any property is pro-Japanese collaborator's property;
3. Investigation and disposal of land remaining in a Japanese name;
4. Other matters prescribed by Presidential Decree.
(2) In order to perform the duties prescribed in paragraph (1), the Commission may request the cooperation from State agencies, local governments, and other related institutions or organizations, such as the submission of necessary data and fact inquiry.
(3) The State agencies, etc. in receipt of a request for cooperation from the Commission pursuant to paragraph (2) shall comply with such request except in extenuating circumstances.
(4) In conducting an investigation or selection under paragraph (1) 1, the results of the investigations conducted by the Presidential Committee for Inspection of Collaborations for Japanese Imperialism established under Article 3 of the Special Act on Finding the Truth of Anti-National Acts under the Colonial Rule of Japanese Imperialism may be invoked.
 Article 6 (Composition of the Commission)
(1) The Commission shall be comprised of nine members including on chairperson and two standing commissioners.
(2) Each commissioner shall be appointed by the President from among the following persons, after obtaining consent from the National Assembly:
1. Any person who has served as a judge, public prosecutor, military judicial officer, or attorney-at-law for at least ten years;
2. Any person who has served as a full-time professor of a history-related department of an accredited university or college for at least ten years;
3. Any person who has engaged in the research activities such as study of historical evidence and historiography for at least ten years;
4. Any public official of Grade III or higher who serves or has served as a public official for at least ten years.
(3) Three of the commissioners shall be the persons falling under paragraph (2) 1, and two of the commissioners shall be those falling under paragraph (2) 3.
(4) The chairperson and the standing commissioners shall be considered political appointees.
(5) The term of office of commissioners shall be four years.
(6) If any commissioner is unable to perform his/her duties in extenuating circumstances or if such position is vacated, a new commissioner shall be appointed without delay.
 Article 7 (Resolution by the Commission)
The resolution of the Commission shall require the consent of a majority of all incumbent members, unless otherwise provided for.
 Article 8 (Duties of Chairperson)
(1) The Chairperson shall represent the Commission and shall exercise overall control of the affairs of the Commission.
(2) Where the Chairperson is unable to perform his/her duties for any unavoidable reason, a standing commissioner appointed by the Chairperson in advance shall act on his/her behalf.
 Article 9 (Period of Activity of the Commission)
(1) The Commission shall complete its activities within four years from the completion date of its composition.
(2) If it is difficult for the Commission to complete its activities within the period prescribed in paragraph (1), it may extend the period of its activity only once for two years, after adopting a resolution thereon with the consent of at least two thirds of all incumbent commissioners and approval from the President.
 Article 10 (Grounds for Disqualification of Commissioners)
(1) None of the following persons shall become a commissioner:
1. A person who is not a citizen of the Republic of Korea;
2. A person falling under any subparagraph of Article 33 of the State Public Officials Act;
3. A member of a political party;
4. A person registered as a candidate for an election held under the Public Official Election Act;
5. A person blood related to a pro-Japanese and anti-national collaborator;
6. Any other person deemed unfit to take charge of the relevant duties in light of the purpose of this Act.
(2) A commissioner who falls under paragraph (1) 1 through 5 shall retire from his/her office ipso facto.
 Article 11 (Independence in Performance of Duties and Guarantee of Status of Commissioners)
(1) Each commissioner shall perform his/her duties independently without any instruction or interference from the outside.
(2) No member shall be dismissed from his/her office against his/her will unless it becomes difficult or impossible for him/her to perform his/her duties due to any physical or mental disability or sentence of a punishment.
 Article 12 (Establishment of Secretariat)
(1) A secretariat shall be established within the Commission to administer the general affairs of the Commission. <Amended by Act No. 7975, Sep. 22, 2006>
(2) The secretariat shall be comprised of one secretary general and other necessary staff members. <Amended by Act No. 7975, Sep. 22, 2006>
(3) The secretary general shall be appointed by the Chairperson from among standing commissioners after resolution by the Commission, and staff members of the Commission shall be appointed or dismissed by the Chairperson upon recommendation of the secretary general. <Amended by Act No. 7975, Sep. 22, 2006>
(4) The secretary general shall, under the direction of the Chairperson, take charge of the administrative affairs of the Commission, and direct and supervise the staff members under his/her jurisdiction. <Amended by Act No. 7975, Sep. 22, 2006>
 Article 13 (Guarantee of Status of Staff Members)
None of the staff members of the Commission shall be retired, suspended from his/her office, forced to be appointed, or dismissed against his/her will unless such disposition is made by the sentence of a punishment or disciplinary action, or based on regulations of the Commission.
 Article 14 (Advisory Committee)
(1) An advisory committee may be established within the Commission to provide advice and suggestion as requested on the matters necessary to perform the duties of the Commission.
(2) Members of the advisory committee shall be commissioned by the Chairperson after resolution by the Commission, from among the representatives of persons of distinguished service to independence and related organizations, public officials of the national agencies related to the duties of the Commission, and persons with expert knowledge and experience in pro-Japanese and anti-national acts.
(3) Matters necessary for the composition, operation, etc. of the advisory committee shall be prescribed by regulations of the Commission.
 Article 15 (Operation, etc. of the Commission)
Except as otherwise provided for in this Act, matters necessary for the organization, operation, etc. of the Commission shall be prescribed by Presidential Decree.
 Article 16 (Duty to Maintain Confidentiality)
None of the following persons shall provide or divulge any confidential information, documents, data, or articles of the Commission to any other person or use them for purposes other than for performing the duties of the Commission:
1. A person who is or was a commissioner of the Commission;
2. A person who is or was a member of the advisory committee;
3. A person who is or was a staff member of the Commission;
4. A person who is or was an appraiser referred to in Article 20 (1) 4.
 Article 17 (Prohibition of Misrepresentation of Qualification)
No one shall exercise the authority of a commissioner of the Commission, member of the advisory committee, or staff member of the Commission by misrepresenting the relevant qualification.
 Article 18 (Prohibition of Use of Similar Names)
No one other than the Commission shall use the name "Commission" or any other similar name.
 Article 19 (Initiation, etc. of Investigation)
(1) When any reasonable ground exists to admit that any property is pro-Japanese collaborator's property, the Commission shall, by its resolution, initiate necessary investigation with regard to the ownership of the property in question, the status of the property, etc. of the pro-Japanese and anti-national collaborator. In such cases, the Commission shall file an application for preservative measure with the court.
(2) If there is a request for disclosure under the Official Information Disclosure Act with respect to the property suspected as pro-Japanese collaborator's property, the State or local government shall request the Commission to investigate whether it is pro-Japanese collaborator's property. In such cases, the Commission shall initiate an investigation and decide whether it is pro-Japanese collaborator's property and notify the findings thereof to the State or local government.
(3) If deemed necessary, the State or local government may suspend the information disclosure proceedings referred to in paragraph (2) until a decision on investigation is made.
(4) Where a lawsuit is being processed with respect to the property suspected as pro-Japanese collaborator's property, the court may request the Commission to investigate whether it is pro-Japanese collaborator's property either ex officio or upon application of the principal. In such cases, the Commission shall initiate an investigation, determine whether it is pro-Japanese collaborator's property, and notify the findings thereof to the court.
(5) If deemed necessary, the court may suspend the litigation procedures prescribed in paragraph (4) until a decision is made by the Commission.
(6) When the committee selects a person or property to be investigated pursuant to paragraph (1), the Commission shall notify such fact to the person subject to investigation, his/her spouse and lineal descendant or an interested person.
(7) In giving notice under paragraph (6), the Commission shall notify the person to be notified of the matters concerning the filing of an objection, the procedures and period therefor, and other necessary matters.
(8) A person in receipt of notice pursuant to paragraph (7) may file an objection in writing with the Commission against the selection of a person and property to be investigated, within 60 days from the date of receipt of the notice.
(9) The Commission shall make a decision on an objection filed, within 30 days from the date the objection is filed and notify the result thereof in writing to the person who has filed the objection without delay.
(10) Matters necessary for the procedures for filing an objection under paragraph (7) shall be prescribed by Presidential Decree.
 Article 20 (Methods of Investigation)
(1) In conducting an investigation, the Commission may take the following measures:
1. Requesting a person who manages or owns the relevant pro-Japanese collaborator's property to submit status of the property and related data;
2. Requesting a person who manages or owns the relevant pro-Japanese collaborator's property to appear, and hearing his/her statement;
3. Requesting the related State agencies, facilities, organizations to submit related data or articles;
4. Designating an appraiser and commissioning appraisal.
(2) If deemed necessary, the Commission may require commissioners or its staff members to take the measures set forth in the subparagraphs of paragraph (1).
(3) If deemed necessary, the Committee may require commissioners or its staff members to conduct on-site investigations of related data, articles or facilities at the places necessary to identify the status, etc. of property of a pro-Japanese and anti-national collaborator. In such cases, the Committee may require commissioners or its staff members to hear the statements of descendants of the pro-Japanese and anti-national collaborator or related persons at designated places, as prescribed by Presidential Decree.
(4) Any commissioner or staff member of the Commission who conducts on-site investigations pursuant to paragraph (3) may request the institutions, facilities, organizations, etc. subject to on-site investigations or descendants of a pro-Japanese and anti-national collaborator to submit necessary data or articles. In such cases, the request to submit data or articles shall be limited to the minimum extent necessary to achieve the purpose of the investigations, and the institutions, etc. or their employees or descendants of the pro-Japanese and anti-national collaborator in receipt of a request to submit data or articles shall comply therewith without delay.
(5) Each commissioner or staff member of the Commission who conducts investigations under paragraph (3) or (4) shall carry a document indicating his/her authority and show it to related persons.
(6) No person designated as an appraiser under paragraph (1) 4 shall conduct a false appraisal.
(7) Procedures for investigations and other necessary matters shall be prescribed by Presidential Decree.
 Article 21 (Procedures for Petition of Dissatisfaction, such as Filing Objections)
(1) A person directly interested in any pro-Japanese collaborator's property with respect to the Commission's on-site investigations, request to submit data, hearing of statements, etc., may file an objection.
(2) An objection under paragraph (1) may be filed in writing to the Commission within 60 days from the date a relevant act has occurred; and in such cases, the Commission shall make a decision regarding the objection filed, within 30 days from the date of receipt of the objection, and notify the result thereof in writing to the applicant without delay.
(3) Article 19 shall apply mutatis mutandis to the procedures for filing an objection under paragraph (1).
 Article 22 (Non-Appearance of Persons subject to Investigation)
If a person requested to appear under Article 20 (1) 2 fails to comply with the request for appearance without any justifiable reason, the Commission may proceed with the investigation without his/her presence.
 Article 23 (Notification of Decisions, etc.)
(1) If the Commission makes a decision pursuant to Article 7 to devolve any property to the State on the ground that it is pro-Japanese collaborator's property, it shall notify such fact to the person who manages or owns the relevant property.
(2) Any person who is dissatisfied with the decision made under paragraph (1) may file an administrative appeal or administrative litigation.
 Article 24 (Dispatch of Public Officials, etc.)
(1) If it is deemed particularly necessary for conducting the duties of the Commission, the Chairperson may request any State agency or local government to dispatch its public officials or provide support necessary therefor. In such cases, the head of a State agency or local government in receipt of the request for dispatch shall comply therewith unless there is any serious disruption to the performance of his/her duties.
(2) Public officials dispatched to the Commission pursuant to paragraph (1) shall perform the duties of the Commission independently from the State agencies or local governments to which they belong.
(3) The head of a State agency or local government that has dispatched public officials pursuant to paragraph (1) shall not take any disadvantageous measures as to the personnel affairs of the persons dispatched to the Commission.
 Article 25 (Use of Property Devolved to the State)
Pro-Japanese collaborator's property devolved to the State in accordance with this Act shall be preferentially used for the purposes prescribed in Article 30 of the Act on the Honorable Treatment of Persons of Distinguished Service to Independence.
 Article 26 (Legal Fiction as Public Official for Purposes of Penalty Provisions)
Commissioners or staff members of the Commission who are not public officials shall be deemed public officials for the purposes of penalty provisions under the Criminal Act or any other Act.
 Article 27 (Penalty Provisions)
(1) Any person who hinders the performance of the duties of the Commission by such means as assaulting or intimidating any commissioner or staff member belonging to the Commission who performs investigation shall be punished by imprisonment with labor for not more than three years of by a fine not exceeding 30 million won.
(2) Any person who conducts false appraisal, in violation of Article 20 (6), shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won.
(3) Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won:
1. A person who provides or divulges any confidential information, etc., in violation of Article 16, or use it for any other purpose;
2. A person who misrepresents qualification, in violation of Article 17, and exercises the relevant authority;
3. A person who uses any similar name, in violation of Article 18.
 Article 28 (Administrative Fines)
Any person who falls under any of the following subparagraphs without any justifiable reason shall be punished by an administrative fine not exceeding ten million won:
1. A person who fails to comply with a request to submit the status of property and related data as prescribed in Article 20 (1) 1 or submits a false data;
2. A person who fails to comply with a request to appear or fails to make a statement as prescribed in Article 20 (1) 2;
3. A person who fails to comply with a request to submit data or articles as prescribed in Article 20 (1) 3 or submits false data or articles.
 Article 29 (Person Authorized to Impose Administrative Fines and Procedures for Filing Objections)
(1) Administrative fines under Article 28 shall be imposed and collected by the Chairperson, as prescribed by Presidential Decree.
(2) When the Chairperson intends to impose an administrative fine pursuant to paragraph (1), he/she shall give the person subject to imposition of the administrative fine an opportunity to state his/her opinion verbally or in writing. In such cases, if he/she does not state his/her opinion within the designated time limit, he/she shall be deemed to have no opinion.
(3) Any person who is dissatisfied with disposition for an administrative fine may file an objection with the Chairperson within 30 days from the date of receipt of the disposition notice.
(4) When a person who in receipt of disposition for an administrative fine under paragraph (1) files an objection under paragraph (3), the Chairperson shall notify such fact to the competent court without delay, and the competent court in receipt of such notice shall conduct a trial on the administrative fine in accordance with the Non-Contentious Case Procedure Act.
(5) If no objection is filed within the period prescribed in paragraph (3) and no administrative fine is paid, the administrative fine shall be collected by referring to the practices of dispositions on default of national taxes.
(6) In determining the amount of an administrative fine, the Chairperson shall take into account the motive and the consequence of the relevant violation.
ADDENDUM
(1) (Date of Promulgation) This Act shall enter into force on the date of its promulgation.
(2) (Applicability to Information Requested to Be Disclosed and Cases under Litigation) Article 19 applies also to any case pending in response to a request for disclosure filed under the Official Information Disclosure Act or any case in which a lawsuit is filed and the litigation is underway.
ADDENDUM <Act No. 7975, Sep. 22, 2006>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 10646, May 19, 2011>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Applicability to Pro-Japanese and Anti-National Collaborators) A person decided as a pro-Japanese and anti-national collaborator by the Commission pursuant to former subparagraph 1 of Article 2 shall be deemed decided so in accordance with the amended provisions of subparagraph 1 of Article 2: Provided, That this shall not apply where it is concluded in the final judgment that a person in question is not subject to this Act.