CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to recover damages on and restore honor of persons related to military accidents, to regain people’s confidence in the military, and to contribute to enhancing human rights by prescribing matters necessary for clearly ascertaining the truth of incidents that raise doubts, from among the accidents resulting in death that have occurred in the military.
The term “military accidents resulting in death” used in this Act shall mean the accidents or incidents (referring to the accidents or incidents that occurred from November 30, 1948 to the day immediately before the date this Act enters into force) in which the committee to ascertain the truth of military accidents resulting in death established pursuant to Article 3 deems that there are reasonable grounds to suspect that the cause of death of military personnel in active duty (including seconded servicemen under Article 25 of the Military Service Act) is not clear, which are selected as being subject to investigation of truth as determined by the abovementioned committee necessary to ascertain the truth behind the said accidents: Provided, That the incidents the truth behind which is discovered pursuant to Article 26 of the Special Act on Finding the Truth regarding Suspicious Deaths in the Military (Act No. 7626) hall be excluded.
CHAPTER II COMMITTEE TO ASCERTAIN THE TRUTH OF MILITARY ACCIDENTS RESULTING IN DEATH
| Article 3 (Establishment of Committee) |
A committee to ascertain the truth of military accidents resulting in death (hereinafter referred to as “Committee”) shall be established under the President to investigate military accidents resulting in death.
| Article 4 (Business Affairs) |
The Committee shall perform the following business affairs:
| 1. | Receiving appeals on military accidents resulting in death; |
| 2. | Selecting military accidents resulting in death to be investigated; |
| 3. | Investigating truth behind military accidents resulting in death; |
| 4. | Filing a criminal complaint or requesting an investigation on military accidents resulting in death; |
| 5. | Requesting relief of interested parties from damage, restoration of their honor, etc.; |
| 6. | Other matters necessary for investigating military accidents resulting in death, which are prescribed by Presidential Decree. |
| Article 5 (Composition of Committee) |
| (1) | The Committee shall consist of seven members including one chairperson and one permanent member. |
| (2) | Committee members shall be appointed by the President from among the following persons. In such cases, the number of persons under subparagraph 1 or 3 shall be at least one, respectively: |
| 1. | A person who has served as a judge, prosecutor, military judge advocate or attorney for at least ten years; |
| 2. | A person who has served as an associate professor or higher on a full-time basis at an accredited college or university for at least eight years; |
| 3. | A person who studied forensic medicine and has served in the related field for at least five years; |
| 4. | A person who has served as a public official of Grade III or higher for at least five years; |
| 5. | A person who has served as a cleric for ten years or more. |
| (3) | The chairperson and the permanent member of the Committee shall be respectively appointed by the President from among Committee members, and the chairperson shall be a public official in political service. |
| (4) | The term of office of Committee members shall be three years. |
| (5) | Where a Committee membership becomes vacant during the term of office, the President shall appoint a successor within 30 days from the day the vacancy occurs. |
| (6) | The term of office of a Committee member who fills a vacancy shall be the remaining period of his/her predecessor. |
| Article 6 (Decision-Making at Committee Meetings) |
Unless otherwise expressly provided for in this Act, the Committee shall make decisions by an affirmative vote of a majority of the Committee on the register.
| Article 7 (Duties of Chairperson) |
| (1) | The chairperson shall represent the Committee and take charge of the business of the Committee. |
| (2) | If the chairperson is unable to perform his/her duties due to unavoidable reasons, the permanent member shall act on behalf of the chairperson; if both the chairperson and the permanent member are unable to perform duties due to unavoidable reasons, a non-executive member designated beforehand by the chairperson shall act on behalf of the chairperson. |
| Article 8 (Grounds for Disqualification of Members) |
| (1) | Any of the following persons shall not be qualified as a member: |
| 1. | A person who is not a national of the Republic of Korea; |
| 3. | A member of a political party; |
| 4. | A person registered as a candidate (including a preliminary candidate) in an election held under the Pubic Official Election Act. |
| (2) | If a member falls under any of the subparagraphs of paragraph (1), he/she shall naturally resign from the Committee. |
| Article 9 (Members’ Independent Authority to Duties and Guarantee of Status) |
| (1) | Members shall perform duties independently without being influenced by any kind of outside directions or interruptions. |
| (2) | Unless a member falls under any of the following, he/she shall not be removed from office: |
| 1. | Where it is highly difficult for him/her to perform duties due to a physical or mental disorder; |
| 2. | Where his/her imprisonment without labor or greater punishment declared by a court became final. |
| (3) | Where a member falls under paragraph (2) 1, the President shall remove him/her from office upon recommendation of the chairperson after the Committee determines his/her removal with the approval of at least 2/3 of the members on the register. |
| (4) | The Committee may pay compensation or give support to a person who makes public the truth behind an accident requiring the ascertainment of truth, or discovers or submits data, etc. important in ascertaining the truth, or may recommend that he/she be granted a pardon. Details of and procedures for such support or compensation and other necessary matters shall be specified by the Committee rules. |
| Article 10 (Disqualification of, Challenge against, and Recusal by Members) |
| (1) | Where a member falls under any of the following, he/she shall be disqualified from deliberating and voting on appeals: |
| 1. | Where the member or his/her spouse or a person who has been his/her spouse is the appellant or appellee (hereinafter referred to as “party”); |
| 2. | Where the member is or was a relative (referring to a relative under Article 777 of the Civil Act; hereinafter the same shall apply) of a person who had a military accident resulting in death or a party to the relevant appeal; |
| 3. | Where the member has given testimony or conducted an assessment with regard to the relevant appeal; |
| 4. | Where the member is or has been involved in the relevant appeal as an agent of a party; |
| 5. | Where the member has been involved in the investigation or trial of the relevant appeal. |
| (2) | Where it is difficult to expect fairness in deliberation or decision-making from a member, a party may challenge the member at the Committee. In such cases, if the Committee deems that the challenge is appropriate, it shall determine to accept the challenge if a majority of the members on the register is present and a majority of the members present vote in favor. |
| (3) | If a member falls under a reason in the subparagraphs of paragraph (1) or a reason in paragraph (2), he/she may personally recuse himself/herself from deliberating and voting on appeals. |
| Article 11 (Establishment of Secretariat) |
| (1) | In order to handle the business affairs of the Committee, the Committee shall establish a secretariat. |
| (2) | The secretariat shall have a secretary general and staff as necessary. |
| (3) | The President shall appoint or dismiss the secretary general upon the recommendation of the chairperson as determined by the Committee. |
| (4) | The President shall appoint or dismiss public officials of Grade V or higher as staff of the Committee upon request of the chairperson; and the chairperson shall appoint or dismiss public officials of Grade VI or lower upon request of the secretary general. |
| (6) | The secretary general shall take charge of the business of the Committee as directed by the chairperson, and direct and supervise his/her staff. |
| (7) | Matters necessary for the composition and operation of the secretariat, qualification for staff members of the secretariat, etc. shall be prescribed by Presidential Decree. |
| Article 12 (Guarantee of Status for Staff) |
| (1) | Staff of the Committee shall not be suspended from work, demoted or dismissed against their will without receiving any punishment or disciplinary measures or having grounds prescribed by Presidential Decree exist. |
| Article 13 (Dispatch of Public Officials, etc.) |
| (1) | If deemed necessary for performing the business of the Committee, the chairperson may request State agencies to dispatch public officials and render necessary support. |
| (2) | Public officials dispatched to the Committee pursuant to paragraph (1) shall perform the business affairs of the Committee independent of the State agencies to which they belong. |
| (3) | The heads of State agencies who dispatch public officials to the Committee pursuant to paragraph (1) shall not take unfavorable measures against the public officials dispatched to the Committee in terms of personnel matters. |
| Article 14 (Composition and Operation of Committee) |
Except otherwise as expressly provided for in this Act, matters necessary for the structure, operation, etc. of the Committee shall be prescribed by Presidential Decree.
CHAPTER III APPEALS AND INVESTIGATIONS
| (1) | A relative of a person who had a military accident resulting in death or has knowledge specific to a military accident resulting in death may submit an appeal to the Committee. |
| (2) | The appeal under paragraph (1) shall be submitted within two years after this Act enters into force. |
| (3) | The scope of persons who have knowledge specific to a military accident resulting in death shall be prescribed by Presidential Decree. |
| Article 16 (Methods of Raising Appeals) |
| (1) | A person who intends to submit an appeal to the Committee shall file an appeal in writing stating the following matters: Provided, That where there is any unavoidable circumstance that prohibits an appellant from filing a written appeal, he/she may submit an oral one: |
| 1. | His/her name and address; |
| 2. | Intent of the appeal and the fact as a reason for submitting an appeal. |
| (2) | Matters necessary for the procedures, methods, etc. for submitting an appeal under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 17 (Dismissal of Appeals) |
| (1) | Where an appeal received by the Committee falls under any of the following, the Committee shall dismiss the appeal: |
| 1. | Where the appeal is not subject to an investigation conducted by the Committee; |
| 2. | Where the appeal is deemed apparently fraudulent or groundless; |
| 3. | Where the newly raised appeal has the details same as those of an appeal dismissed by the Committee: Provided, That this shall not apply where the appellant has important evidentiary data that was not submitted in the previous appeal; |
| 4. | Where the truth has been found regarding a fact the same as the one being the grounds for the appeal, pursuant to Article 26 of the Special Act on Finding the Truth regarding Suspicious Deaths in the Military (Act No. 7626). |
| (2) | Where an appeal falls under any of the subparagraphs of paragraph (1) even after the commencement of an investigation, the Committee shall dismiss the appeal. |
| Article 18 (Commencement of Investigations) |
| (1) | Where an appeal does not fall under a reason for dismissal under Article 17 (1), the Committee shall determine to commence an investigation, and promptly conduct the investigation on the details thereof: Provided, That where the fact as a reason for the appeal is under investigation or a related case is pending at the court, the Committee shall defer the determination to commence the investigation until such procedures end. |
| (2) | If necessary before the commencement of an investigation is determined, the Committee may conduct a preliminary investigation to determine whether to commence an investigation. |
| Article 19 (Methods of Investigations) |
| (1) | The Committee may take the following measures, when it conducts an investigation: |
| 1. | Requesting the parties or reference witnesses to submit an affidavit; |
| 2. | Requesting the parties or reference witnesses to attend a meeting and hearing their statement; |
| 3. | Designating an assessor and requesting him/her to conduct an assessment; |
| 4. | Requesting the appellee or the institution, facility, organization, etc. to which the appellee belongs to submit data or articles deemed related to the investigation; |
| 5. | Inquiring of a relevant institution, facility, organization, etc. about facts or information deemed related to the investigation. |
| (2) | Where deemed necessary, the Committee may require its members or staff to take the measures under the subparagraphs of paragraph (1). |
| (3) | Where deemed necessary, the Committee may require its members or staff to conduct an on-site investigation on the relevant data, articles or facility at a place where the fact as a reason for raising an appeal occurred or another places. In such cases, the Committee may require its members or staff to hear the statement of the parties, reference witnesses, etc. |
| (5) | Committee members or staff who conduct an on-the-spot investigation pursuant to paragraph (3) may request the institution, facility, organization, etc. subject to the investigation or staff thereof to submit data or articles deemed related to the investigation. In such cases, the request to submit data or articles shall be limited to the minimum extent necessary for the investigation purpose, and the institution, etc. in receipt of such request shall comply with the request without delay. |
| (7) | Where it is deemed that the explanation is groundless as a result of the examination of the explanation under paragraph (6), the Committee may determine to order the institution, etc. to submit data or articles. |
| (8) | In receipt of an order of the Committee to submit data or articles with regard to an on-site investigation or the ascertainment of truth, the institutions, etc. shall not refuse to submit such data or articles without good cause: Provided, That this shall not apply where the relevant Minister (referring to the head of a relevant agency in cases of the agencies under the President or the Prime Minister) elucidates within five days from the receipt of a request for data or articles that the data or articles are related to national secrets of the military, diplomacy or the South-North relations and that the announcement thereof shall have a crucial influence on the national security. |
| (9) | Notwithstanding the proviso to paragraph (8), the head of an institution, etc. in receipt of a request to submit data or articles shall take measures so that the Committee may peruse only the relevant data or articles: Provided, That the Committee shall not disclose the data or articles that it has perused. |
| (10) | Where deemed necessary for ascertaining the truth, the Committee may request a telecommunications business operator under the Telecommunications Business Act to submit data verifying communications, notwithstanding the provisions of other Acts. In such cases, the Committee shall beforehand obtain permission from a jurisdictional local court (including a general military court) or a branch court by a written or corresponding method. |
| Article 20 (Order to Accompany Committee Staff) |
| (1) | If a person requested to appear at a meeting of the Committee under Article 19 (1) 2 fails to comply with such request at least three times, the Committee may issue an order for directing him/her to accompany a Committee staff member to a designated place. |
| (2) | In order to order a noncompliant person under paragraph (1) to accompany a Committee staff member, the Committee chairperson shall issue a written order to accompany a Committee staff member. |
| (3) | In a written order under paragraph (2), the chairperson shall put signature and stamp and the following shall be specified: the name and address of the person to accompany a Committee staff member, reasons for issuing an order, place to accompany a Committee staff member, date of issuance, period of validity of the order, and the intent that if the period is past, the order is not executable and the order is to be returned and that if he/she, in receipt of an order to accompany a Committee staff member, fails to comply with such order, he/she shall be imposed an administrative fine. If the name of the person to accompany a Committee staff member is unknown, the order may state the appearance, physique and other matters by which identification of the person is possible; if his/her address in unknown, address may be omitted. |
| (4) | An order to accompany a Committee staff member shall be executed by presenting it to a person subject to the order. |
| (5) | The Committee shall assign a staff member in the Secretariat to execute an order to accompany a Committee staff member. |
| (6) | An order to accompany a Committee staff member issued to a person detained in a prison or detention center (including a military prison or detention center) shall be executed by a prison official entrusted by the Committee staff member. |
| (7) | Where a serviceman subject to an order to accompany a Committee staff member is in a military camp, his/her commanding officer shall have an obligation to cooperate with the staff member of the secretariat of the Committee in executing the order. |
| Article 21 (Protection of Committee Members, etc.) |
| (1) | No person shall assault or intimidate a Committee member, staff member, party, reference witness or assessor, urge or obstruct the duties of a Committee member, staff member or assessor, or assault or intimidate for purpose of having a Committee member, staff member or assessor resign from their position, or disturb the performance of duties of a Committee member or staff member. |
| (2) | No person shall face a disadvantage, such as disciplinary measures, etc. from his/her institution, organization, company, etc. for reasons of providing or intending to provide the Committee with information regarding an investigation on a military accident resulting in death. |
| (3) | The Committee shall devise measures to protect persons who make a significant statement or assessors, and to secure related data or prevent the destruction thereof. |
| Article 22 (Protecting Persons Subject to Investigation and Granting Them Opportunity to State Opinion) |
| (1) | No person who held a certain position shall be disclosed in the newspaper, magazine (including internet newspaper and broadcast; hereinafter the same shall apply) or other publications, or on the broadcast that he/she has performed concealment, fabrication or violence related to a military accident resulting in death only because he/she held the certain position: Provided, That this shall not apply where the disclosure is related to the truth and for public interest only. |
| (2) | No person shall disclose in the newspaper, magazine or other publications, or on the broadcast the details of the appellee and of the Committee’s investigation on the appellee’s concealment, fabrication or violence before proceedings on the raised objection under Article 27 are completed (including cases for which the period under paragraph (4) of the same Article elapses without raising an objection during the period; hereinafter the same shall apply). |
| (3) | The Committee shall devise measures to protect the private life, honor, etc. of an appellee during the process of investigation. |
| (4) | The Committee shall grant an appellee, his/her spouse and lineal descendants, institution, facility or organization to which he/she belongs or interested parties to state opinion. In such cases, a person to state opinion may request the Committee to peruse data necessary for the statement of opinion and the appellee may appoint a counsel. |
| Article 23 (Period of Investigation) |
| (1) | The Committee shall finish an investigation on an appeal within one year from the commencement of the investigation is determined pursuant to Article 18. |
| (2) | Where the Committee is unable to finish an investigation within the period under paragraph (1), it may extend the period up to six months for one time only upon deliberation and determination by the Committee. |
| Article 24 (Dismissal of Appeals) |
Where any of the following is applicable as a result of an investigation on an appeal, the Committee shall dismiss the appeal:
| 1. | Where the appeal is not based on the truth; |
| 2. | Where the appeal does not correspond to a military accident resulting in death; |
| 3. | Where ascertainment of truth and relief measures have been taken and further measures are deemed unnecessary. |
| Article 25 (Determination That Ascertainment of Truth Is Impossible) |
Where the Committee does not clearly discover the truth behind a military accident resulting in death, it shall make a written determination stating that it is impossible to ascertain the truth behind the accident and the reasons therefor.
| Article 26 (Determination of Ascertainment of Truth) |
Where an appeal is deemed true as a result of an investigation on it and thus the truth is ascertained, the Committee shall determine the result of such investigation by voting at a meeting.
| Article 27 (Notification of Determination and Raising of Objections) |
| (1) | Where the Committee determines to dismiss an appeal under Article 17, to commence an investigation under Article 18, to dismiss an appeal under Article 24, or makes a determination under Article 25 that ascertainment of truth is impossible, makes a determination of ascertainment of truth under Article 26, etc., it shall, without delay, notify the parties, and institution, facility or organization to which the appellee belongs, specifying the reasons therefor. |
| (2) | Where a party is dead or his/her whereabouts is unknown, notification shall be made to his/her spouse or direct ascendants or descendants. |
| (3) | When the Committee makes notification under paragraphs (1) and (2), it shall notify that raising an objection is possible, and the procedures and period to raise an objection, and other necessary matters to the persons subject to notification. |
| (4) | Where a person who receives notification under paragraphs (1) and (2) has an objection against the notification, he/she may raise a written objection before the Committee within 60 days from the date of receipt of such notification. |
| (5) | Within 60 day from the date of receipt of an objection, the Committee shall make a determination on the objection and notify the objector of the result in writing without delay. |
| (6) | Matters necessary for the procedures for raising an objection under paragraph (4) shall be prescribed by Presidential Decree. |
| Article 28 (Criminal Complaints and Requests for Investigations) |
| (1) | Where the Committee deems that an appeal contains details under suspicion of a crime after the procedures for raising an objection under Article 27 end, it may file a criminal complaint against the criminal suspect with the Prosecutor General, the Minister of National Defense, or the Chief of Staff of each service branch of the armed forces according to the position of the criminal suspect. |
| (2) | Where the Committee deems that a criminal suspicion is highly probable as a result of investigation on an appeal, it may request the relevant investigative agency to conduct an investigation. |
| (3) | The Prosecutor General, the Minister of National Defense, the Chief of Staff of each service of the armed forces or the head of an investigative agency, in receipt of a criminal complaint or a request for investigation under paragraphs (1) and (2), shall take necessary measures without delay and notify the result to the Committee: Provided, That where necessary measures are taken after the Committee terminates activities, they shall notify the appellant of a military accident resulting in death related to the criminal complaint or request for investigation under paragraph (1) or (2). |
| (4) | Upon receipt of notification under paragraph (3), the Committee shall notify the parties of the purport of the notification without delay. |
| Article 29 (Request for Restoration of Honor, etc.) |
| (1) | Where deemed necessary to restore honor, make compensation, etc. as a result of investigation on an appeal, the Committee shall request the Minister of National Defense to take necessary measures. In such cases, the Committee shall notify each party of the details. |
| Article 30 (Reports, etc.) |
| (1) | The Committee shall report on activities and investigations to the President twice a year: Provided, That where in the year when the activities of the Committee are terminated, it shall prepare a report on the overall activities and report it to the President as prescribed by Presidential Decree. |
| (2) | The Committee shall make public its reports: Provided, That where it is necessary to protect national security or honor or privacy of related persons, or disclosure is restricted under other Acts, such matters shall not be disclosed. |
| Article 31 (Suspension of Statute of Limitations) |
From the time when the commencement of an investigation under Article 18 is determined to the time the procedures for raising an objection under Article 27 end, the statute of limitations shall be tolled.
| Article 32 (Application for Ruling) |
| (1) | If the Committee is notified by a prosecutor or a military prosecutor that he/she will not prosecute the criminal complaint under Article 28, it may apply for a ruling on whether the decision not to prosecute is proper with the High Court or the High Military Court corresponding to the high prosecutors’ office or high military prosecutors’ office to which the prosecutor or military prosecutor belongs. |
| (2) | Where an administrative action not to raise a prosecution under paragraph (1) is conducted after the Committee terminates activities, the appellant who receives notification under the proviso to Article 28 (3) may apply for a ruling under paragraph (1). |
| Article 33 (Pardon, etc. for Assailants) |
| (1) | Where an assailant personally acknowledges violence during the investigation process and cooperates in the investigation, the Committee may choose not to file a criminal complaint or to request an investigation under Article 28, or may recommend the relevant agencies not to punish him/her in the investigation and trial proceedings or to grant him/her a commutation; where he/she is found guilty according to criminal procedures, it may recommend the President that he/she be granted a special pardon and reinstatement as prescribed by statutes. |
| (2) | Relevant agencies shall respect the determination and recommendation made by the Committee. |
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 34 (Prohibition against Disclosure of Classified Information) |
The Committee members, Committee staff, or persons who have been Committee members or Committee staff shall not disclose classified information they have learned in the course of performing duties.
| Article 35 (Prohibition against Misrepresentation of Qualification) |
No person shall misrepresent the qualification of a member or staff member of the Committee and exercise authority of the Committee.
| Article 36 (Prohibition against Using Similar Names) |
An entity that is not the Committee shall not use the name of the Committee to ascertain the truth of military accidents resulting in death or similar names.
| Article 37 (Persons to Be Deemed Public Officials when Penalty Provisions Are Applicable) |
CHAPTER V PENALTY PROVISIONS
| Article 38 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor not exceeding three years or by a fine not exceeding 20 million won: |
| 1. | A person who files a false appeal under Article 15 for the purpose of harming other’s honor, while he/she is aware that the business of the Committee is disturbed; |
| 3. | A person who, in violation of Article 22 (2), discloses the details of investigation on the appellee or the appellee’s history of violence in the newspaper, magazine or other publications, or on the broadcast before the procedures for raising an objection under Article 27 end. |
| (2) | Public prosecution on the crime under paragraph (2) 2 shall not be raised against the will stated in detail by the victim. |
| Article 39 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor not exceeding two years or a fine not exceeding ten million won:
| 1. | A person who conducts an assessment under Article 19 (1) 3 by fraud for purpose of obstructing the business of the Committee; |
| 2. | A person who, in violation of Article 34, discloses classified information that he/she has learned in the course of performing duties; |
| 3. | A person who, in violation of Article 35, exercises the authority of the Committee as he/she misrepresents the qualification of a Committee member or Committee staff member. |
| Article 40 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding ten million won: |
| 1. | A person who fails to comply with a request to submit data or articles, an inquiry into facts or information, or submits false data or articles under Article 19 (1) 4 or 5, or 19 (5) without good cause; |
| 2. | A person who refuses or evades an on-site investigation under Article 19 (3) without good cause; |
| 3. | A person who refuses an order to accompany a Committee staff member without good cause or makes a third person to obstruct the execution of an order to accompany a Committee staff member under Article 20; |
| (2) | The administrative fines under paragraph (1) shall be imposed and collected by the Committee as prescribed by Presidential Decree. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Effective Period)
This Act shall remain effective for three years from the date this Act enters into force.
Article 3 (Preparations for Enforcement of Act)
Preparations for the enforcement of this Act, such as appointment of Committee members and Committee staff members, enactment of Presidential Decree, preparations for the establishment of the Committee, etc. may be made before this Act enters into force.
Article 4 (Applicability to Commencement of Term of Office of Committee Members)
The term of office of the members appointed pursuant to this Act shall be deemed to begin on the date this Act enters into force.
Article 5 (Transitional Measures concerning Penalty Provisions)
In applying the penalty provisions to acts committed before the effective period of this Act expires, the provisions as at the time such acts were committed shall be applied.