Presidential Decree No. 29144, Sep. 11, 2018
| Article 1 (Purpose) |
| Article 2 (Affairs of Committee to Ascertain Truth of Military Accidents Resulting In Death) |
| 1. | Matters regarding provision of compensation or support to a person who discloses the truth behind an accident requiring the ascertainment of truth, or discovers or submits data important in ascertaining the truth pursuant to Article 9 (4) of the Act; |
| 2. | Matters regarding preparation and publishing of reports on activities and investigations pursuant to Article 30 of the Act (hereinafter referred to as “reports on activities and investigations”); |
| 3. | Matters regarding providing guidance and counseling on treatment of civil petitions on military accidents resulting in death filed to the committee to ascertain the truth of military accidents resulting in death referred to in Article 3 of the Act (hereinafter referred to as “Committee”). |
| Article 3 (Operation of Committee) |
| (1) | The chairperson of the Committee (hereinafter referred to as “Chairperson”) shall convene and preside over meetings of the Committee. |
| (2) | A majority of the members of the Committee shall constitute a quorum, including the Chairperson. |
| (3) | The Committee shall prepare minutes and resolutions. In such cases, the minutes shall have affixation of the name and seal of the Chairperson or his or her signature, and the resolutions shall have affixation of the name and seal of the Chairperson and the members present or their signature, respectively. |
| (4) | The Committee may have the Chairperson treat minor matters prescribed by rule of the Committee from among the affairs under the jurisdiction of the Committee, without any resolution of the Committee. |
| (5) | The Committee shall devise security measures for offices and telecommunications devices, etc. in cooperation with relevant institutions. |
| Article 4 (Full-time Committee Member) |
| Article 5 (Fixed Number of Public Officials of Committee) |
| (1) | The fixed number of public officials of the Committee (including employees deemed as public officials in extraordinary civil service pursuant to Article 12 (2) of the Act) shall be 84, including the Chairperson and full-time committee members, and the fixed number of public officials by class shall be as specified in attached Table 1. |
| (2) | Among the fixed number of public officials referred to in paragraph (1) and attached Table 1, 15 shall be filled from the Supreme Prosecutors’ Office of the Republic of Korea (3 Grade Ⅴ prosecution administrative officers or investigation officers and 12 Grade Ⅵ prosecution administrative officers), 4 from the Ministry of the Interior and Safety (2 Grade Ⅴ administrative officers and 2 Grade Ⅵ administrative officers), 15 from the Korean National Police Agency (1 superintendent and 14 inspectors), 3 from the Ministry of National Defense (1 Grade Ⅳ administrative officer, 1 Grade Ⅴ administrative officer, and 1 Grade Ⅵ administrative officer), 1 from the Ministry of Culture, Sports and Tourism (1 Grade Ⅵ administrative officer), 1 from the Ministry of Patriots and Veterans Affairs (1 Grade Ⅴ administrative officer), 1 from the Korea Communications Commission (1 Grade Ⅵ broadcasting officer), respectively. In such cases, prior consultation with the head of each relevant institution should be held about the methods, procedures, and other details regarding filling of the positions. |
| Article 6 (Organizational Structure of Committee) |
| (1) | The secretariat established under the Committee pursuant to Article 11 of the Act (hereinafter referred to as “Secretariat”) shall have the Operation Support Division, Investigation Control Division, Investigation Division Ⅰ, Investigation Division Ⅱ, and Investigation Division Ⅲ. |
| (2) | The Chairperson shall have one assistant and the secretary general shall have one officer in charge of external cooperation. |
| Article 7 (Assistant) |
| (1) | The assistant shall be appointed from among Grade Ⅳ public officials. |
| (2) | The assistant shall assist the Chairperson for the following matters: |
| 1. | Research and review of matters assigned by the Chairperson; |
| 2. | Collection of opinions from bereaved families of victims of military accidents resulting in death. |
| Article 8 (Secretary General) |
| (1) | The secretary general shall be appointed from among public officials in extraordinary civil service of the Senior Executive Service and the class of duties of his or her position shall be Grade 2. |
| (2) | The secretary general may attend the meetings of the Committee to state his or her opinions. |
| Article 9 (Officer in Charge of External Cooperation) |
| (1) | The officer in charge of external cooperation shall be appointed from among Grade Ⅳ public officials in extraordinary civil service. |
| (2) | The officer in charge of external cooperation shall assist the secretary general in the following matters: |
| 1. | Cooperation with bereaved families of victims of military accidents resulting in death and relevant organizations; |
| 2. | Cooperation of affairs with State agencies such as the National Assembly and local governments; |
| 3. | Support for news coverage by the press; |
| 4. | Publication of affairs of the Committee through briefings and press releases; |
| 5. | Guidance, counseling on, and receipt of appeals, etc. related to military accidents resulting in death (hereinafter referred to as “appeals”); |
| 6. | Other matters concerning external cooperation and publicity for ascertaining the truth of military accidents resulting in death. |
| Article 10 (Operation Support Division) |
| (1) | The director of the Operation Support Division shall be appointed from among Grade Ⅳ public officials. |
| (2) | The director of the Operation Support Division shall divide management of the following affairs: |
| 1. | Establishment of plans on affairs of the Committee and integration and coordination of affairs of the Secretariat; |
| 2. | Management of meetings of the Committee and preparation of minutes and resolutions; |
| 3. | Operation, settlement of accounts, and accounting of budgets and funds under the jurisdiction of the Committee; |
| 4. | Management of organization and the fixed number of members of the Committee; |
| 5. | Personnel management such as appointment, duties of, awards and decorations for, disciplinary actions, etc. against employees under the jurisdiction of the Committee; |
| 6. | Establishment of standards for dealing with affairs of the Committee; |
| 7. | Other matters not belonging to affairs of any other divisions under the Committee. |
| Article 11 (Investigation Control Division) |
| (1) | The director of the Investigation Control Division shall be appointed from among Grade Ⅲ or Ⅳ public officials in extraordinary civil service. |
| (2) | The director of the Investigation Control Division shall divide management of the following affairs: |
| 1. | Administration of investigation into military accidents resulting in death including preliminary investigation for raising appeals and other relevant affairs; |
| 2. | Investigation into appeals the Chairperson deems necessary to be treated by the Investigation Control Division and other relevant affairs; |
| 3. | Establishment of comprehensive plans for ascertaining the truth of military accidents resulting in death; |
| 4. | Interpretation and consultation of statutes and regulations under the jurisdiction of the Committee; |
| 5. | Preparation of measures for improving the system within the military on military accidents resulting in death; |
| 6. | Legal consultation on investigation into appeals and preparation of reports on activities and investigations. |
| Article 12 (Investigation Division Ⅰ, Investigation Division Ⅱ, and Investigation Division Ⅲ) |
| (1) | The directors of the Investigation Division Ⅰ, Investigation Division Ⅱ, and Investigation Division Ⅲ shall be appointed from among Grade Ⅳ public officials in extraordinary civil service. |
| (2) | The directors of each Investigation Division shall allocate the following affairs: |
| 1. | Investigation into appeals under their jurisdiction and other relevant affairs; |
| 2. | Preparation of reports on activities and investigations into appeals under their jurisdiction. |
| (3) | Matters necessary for allocating the affairs of each Investigation Division shall be prescribed by rule of the Committee. |
| Article 13 (Guarantee of Status for Staff) |
| 1. | Where it is significantly difficult for a member to perform his or her duties due to a physical or mental disorder; |
| 2. | Where a member is deemed to have interfered with the affairs of the |
| Article 14 (Expert Members) |
| (1) | The Chairperson may have expert members and assistant personnel in the Committee other than staff within the budget, considering sophistication and fairness of investigation into military accidents resulting in death. |
| (2) | Expert members shall be appointed by the Chairperson from among personnel with expertise and experience on investigation into military accidents resulting in death. |
| (3) | Matters necessary for qualification and appointment and dismissal of expert members and assistant personnel pursuant to paragraph (1) shall be prescribed by rule of the Committee. |
| Article 15 (Advisory Members) |
| Article 16 (Cooperation with Institutions) |
| (1) | The Committee may cooperate with or promote exchanges with domestic or foreign institutions with expertise and experience in investigation into military accidents resulting in death or collect opinions from relevant experts in Korea and abroad. |
| (2) | The Committee may dispatch members or staff of the Committee to the institutions pursuant to paragraph (1) to be trained for investigation into military accidents resulting in death. |
| Article 17 (Allowance) |
| Article 18 (Scope of Persons Who Have Specific Knowledge) |
| Article 19 (Procedures and Methods of Raising Appeals) |
| (1) | Where an appeal is filed to the Committee pursuant to the main sentence of Article 16 (1) of the Act, with the exception of its subparagraphs, the appeal shall be filed in the form (including electronic documents) prescribed by rule of the Committee. |
| (2) | Where an appeal is filed orally pursuant to the proviso of Article 16 (1) of the Act, with the exception of its subparagraphs, the Committee shall prepare a protocol specifying the oral appeal. |
| (3) | Where an appeal filed pursuant to paragraphs (1) and (2) has matters to be complemented, the Committee may require a person who filed the appeal (hereinafter referred to as “appellant”) to complement the appeal. In such cases, the period for complementation shall not be calculated into the period referred to in Article 21. |
| (4) | The appellant may withdraw the appeal in writing before the Committee dismisses the appeal without prejudice pursuant to Article 17 of the Act (hereinafter referred to as “dismissal without prejudice”) or determines to commence an investigation pursuant to the main sentence of Article 18 (1) of the Act (hereinafter referred to as “determination on commencement of investigation”). |
| (5) | Notwithstanding paragraph (4), the appellant may withdraw the appeal in writing where suspicion on the appeal has been addressed, facts on the appeal have been found, or measures for remedy have been taken, even after the Committee’s determination on commencement of investigation. |
| (6) | The Committee may publicize procedures and methods of raising appeals by diverse means such as newspapers, broadcasting services, and information and communications network. |
| Article 20 (Transfer of Appeals) |
| Article 21 (Period for Dismissal Without Prejudice) |
| Article 22 (Resubmission of Appeals) |
| Article 23 (Procedures and Methods of Investigation) |
| (1) | Where the committee takes measures pursuant to Article 19 (1) of the Act, it shall do so in writing. |
| (2) | The Committee shall prepare a protocol on hearing of statements pursuant to Article 19 (1) 2 of the Act (hereinafter referred to as “hearing of statements). In such cases, the Committee may have its staff voice-record or video-record the statements of the appellant or appellee (hereinafter referred to as “parties”) or reference witnesses after obtaining their consent. |
| (3) | Hearing of statements shall be conducted at the office of the Committee, except for an on-site investigation referred to in paragraph (5): |
| (4) | The Committee may retain data or articles submitted pursuant to Article 19 (1) 4 of the Act and paragraphs (5) and (7) of the same Article within the scope necessary for investigation into the appeals. |
| (5) | Where the Committee intends to conduct an on-site investigation pursuant to Article 19 (3) of the Act (hereinafter referred to as “on-site investigation”), it shall notify relevant institutions, facilities, or organizations of the date, venue, and purpose of the on-site investigation, and members of the Committee or its staff conducting the on-site investigation shall produce an identification in the attached form verifying his or her authority to interested persons. |
| (6) | The Committee may allow parties, reference witnesses, relevant public officials, or experts to participate in an on-site investigation. |
| (7) | Where the Committee deems that the parties, reference witnesses, or relevant evidence and data are located overseas, it may require cooperation of relevant countries through diplomatic channels. |
| Article 24 (Appointment and Participation of Attorney-At-Law) |
| (1) | An appellant or reference witness may appoint an attorney-at-law in the investigation process. |
| (2) | The Committee shall allow an attorney-at-law to participate in hearing of statements when required by an appellant or reference witness. |
| Article 25 (Personal Security Measures) |
| (1) | Where a person who participated in investigations into military accidents resulting in death such as appellant or reference witness or person who provided necessary information or submitted relevant evidence and data (hereinafter referred to as “person in need of protection”) is likely to be in threat of safety of his or her life or body, the Committee may decide to require heads of relevant institutions, such as heads, etc. of police agencies (hereinafter referred to as “heads, etc. of police agencies”), to take necessary measures to ensure security of such persons (hereinafter referred to as “personal security measures”). |
| (2) | Where personal security measures are in urgent need and the Chairperson has no time to wait for decision from the Committee, the Chairperson may require heads, etc. of policy agencies to take personal security measures. |
| (3) | Heads, etc. of police agencies requested to take personal security measures pursuant to paragraphs (1) and (2) shall comply with such request. |
| (4) | The Committee shall not disclose personal information without consent of a person in need of protection. |
| (5) | Matters necessary for request for personal security measures referred to in paragraphs (1) and (2) shall be prescribed by rule of the Committee. |
| Article 26 (Inspection of Data Necessary for Statement of Opinion) |
| (1) | Where requested for inspection of data necessary for statement of opinions pursuant to the latter part of Article 22 (4) of the Act, the Committee shall notify whether such data can be inspected within 10 days from the date of receipt of such request. |
| (2) | Matters necessary for request for inspection of data necessary for statement of opinion and inspection thereof, except as provided in paragraph (1), shall be prescribed by rule of the Committee. |
| Article 27 (Notification and Raising of Objection) |
| (1) | Where the Committee makes determination, etc. pursuant to Article 27 (1) of the Act, it shall make a written notification thereof within one week from the date of determination, etc. |
| (2) | A person who intends to raise an objection pursuant to Article 27 (4) of the Act (hereinafter referred to as “raising an objection”) shall attach to the written application for raising an object the relevant materials indicating any of the following matters and submit them to the Committee. In such cases, the form of a written application for raising an objection shall be prescribed by rule: |
| 1. | Name and address of the person raising an objection; |
| 2. | Date of notification pursuant to Article 27 (1) of the Act; |
| 3. | Matters notified pursuant to Article 27 (1) of the Act; |
| 4. | Grounds for raising an objection. |
| Article 28 (Reports on Activities and Investigations) |
| (1) | Reports on activities and investigations referred to in the proviso of Article 30 (1) of the Act shall include any of the following: |
| 1. | Actual fact on military accidents resulting in death; |
| 2. | Status of damage on victims; |
| 3. | Reasons of military accidents resulting in death; |
| 4. | Reasons of failure in preventing military accidents resulting in death or finding actual facts on military accidents resulting in death; |
| 5. | Whether the State and relevant persons are liable for military accidents resulting in death and the details of such liability; |
| 6. | Improvement of system for treatment of similar accidents and prevention of reoccurrence thereof; |
| 7. | Other matters the Committee determines to include. |
| (2) | Where the State prepares a report in accordance with international conventions regarding human rights, the Committee may provide support. |
| Article 29 (Administrative Fines) The criteria for imposing administrative fines referred to in Article 40 (1) of the Act shall be as specified in attached Table 2. |