SPECIAL ACT ON VERIFICATION AND SUPPORT FOR THE VICTIMS OF FORCED MOBILIZATION UNDER JAPANESE COLONIALISM IN KOREA
Act No. 10143, Mar. 22, 2010
Amended by Act No. 10727, May 30, 2011
Act No. 10986, Aug. 4, 2011
Act No. 11690, Mar. 23, 2013
Act No. 12132, Dec. 30, 2013
Act No. 12844, Nov. 19, 2014
Act No. 12916, Dec. 30, 2014
Act No. 14839, Jul. 26, 2017
Act No. 15796, Oct. 16, 2018
The purpose of this Act is to help heal the sufferings of the victims of forced overseas mobilization around the time of the Pacific War, their bereaved families, etc. and contribute to national unity by finding the truth regarding damage from forced mobilization under Japanese colonialism in Korea to establish the historical facts and by providing consolation payments, etc. to the victims, bereaved families, etc. on humanitarian grounds in relation to the Agreement on the Settlement of Problems Concerning Property and Claims and on Economic Cooperation between the Republic of Korea and Japan, which was concluded in 1965.
The terms used in this Act are defined as follows:
| 1. | The term "damage from forced mobilization under Japanese colonialism in Korea" means damage to the lives, bodies, property, etc. of the persons who were forcibly mobilized by imperial Japan and were coerced into serving as soldiers, civilian personnel in the military service, laborers, or comfort women, etc. during the period from the Manchurian Incident to around the end of the Pacific War; |
| 2. | The term "sufferer" means a person determined as a sufferer under subparagraph 3 of Article 8 among those who have suffered from damage from forced mobilization under Japanese colonialism in Korea defined in subparagraph 1; |
| 3. | The term "victim of forced overseas mobilization" means any of the following persons: |
| (a) | A person determined as a victim of forced overseas mobilization under subparagraph 6 of Article 8 among those who were forcibly mobilized overseas by imperial Japan as soldiers, civilian personnel in the military service, or laborers, etc. during the period from April 1, 1938 to August 15, 1945 and died, went missing, or became disabled due to any of the injuries specified by Presidential Decree during such period or in the course of returning home; |
| (b) | A person determined as a sufferer under Article 3 (2) 4 of the Special Act on Finding the Truth regarding Damage from Forced Mobilization under the Japanese Imperialism (referring to the Act repealed by this Act; hereinafter the same shall apply) or subparagraph 3 of Article 8 of this Act among those who were forcibly mobilized overseas by imperial Japan as soldiers, civilian personnel in the military service, or laborers, etc. during the period from April 1, 1938 to August 15, 1945 and died or went missing during such period or in the course of returning home; |
| (c) | In cases of a sufferer from forced mobilization to Sakhalin, a person who died or went missing during the period from April 1, 1938 to September 30, 1990 or in the course of returning home; |
| 4. | The term "survivor who returned home from forced overseas mobilization" means a person determined not as a victim of forced overseas mobilization but as a survivor who returned home from forced overseas mobilization under subparagraph 7 of Article 8 among those who were forcibly mobilized overseas by imperial Japan as soldiers, civilian personnel in the military service, or laborers, etc. during the period from April 1, 1938 to August 15, 1945 and returned home; |
| 5. | The term "unpaid sufferer" means a person determined as an unpaid sufferer under subparagraph 6 of Article 8 among those who were forcibly mobilized overseas by imperial Japan as soldiers, civilian personnel in the military service, or laborers, etc. during the period from April 1, 1938 to August 15, 1945 but have not been paid wages, allowances, solatium, or aliment, etc. that they are entitled to receive from the Japanese government, Japanese enterprises, etc. (hereinafter referred to as "unpaid entitlements"). |
| Article 3 (Extent of Bereaved Family Members) |
| (1) | The term "bereaved family member" in this Act means a person determined as a bereaved family member under subparagraphs 3 and 6 of Article 8 among the following relatives of a sufferer, a victim of forced overseas mobilization, or an unpaid sufferer who died or went missing: |
| (2) | The priority of the bereaved family members who are entitled to the consolation payments under Article 4 and the subsidy for unpaid entitlements under Article 5 shall be determined in the order listed in paragraph (1). |
| (3) | Bereaved family members in the order listed in paragraph (1) shall be entitled to receive the consolation payments under Article 4 and the subsidy for unpaid entitlements under Article 5: Provided, That if there are at least two persons in the same priority, such persons shall be jointly entitled to receive the consolation payments and the subsidy for unpaid entitlements in equal shares. |
| (4) | Where a bereaved family member of a decedent who suffered damage from forced mobilization can receive the remains of the decedent but is not listed in paragraph (1), the priority shall be given in the order of close relatives or related persons recognized by the Commission on Verification and Support for the Victims of Forced Mobilization under Japanese Colonialism in Korea under Article 8, among the decedent's relatives. |
| Article 4 (Consolation Payments) |
The State shall provide consolation payments to the victims of forced overseas mobilization or their families as classified in the following:
| 1. | In cases of a victim who was forcibly mobilized overseas and died or went missing: 20 million won per victim of forced overseas mobilization (if any amount of money has been paid under Article 4 (2) of the Act on the Compensation for Private Claims against Japan (referring to the Act enacted by Act No. 2685 under the title of the Act on the Compensation for Private Claims against Japan and repealed by the Act No. 3615 for the repeal of the same Act), 2,340,000 won per victim shall be subtracted from the aforesaid amount); |
| 2. | In cases of a victim who was forcibly mobilized overseas and became disabled due to any injury: The amount specified by Presidential Decree within the limit of 20 million won per victim of forced overseas mobilization, taking the degree of disabilities into consideration. |
| Article 5 (Subsidies for Unpaid Entitlements) |
| (1) | The State shall pay each unpaid sufferer or his or her bereaved family members the unpaid entitlements that the unpaid sufferer is entitled to receive from the Japanese government, Japanese enterprises, etc. by converting the amount into Korean currency at the rate of 2,000 Korean won per 1 Japanese yen as at the time such entitlements arose. |
| (2) | In the case of paragraph (1), the amount of unpaid entitlements not greater than 100 Japanese yen shall be deemed 100 Japanese yen. |
| Article 6 (Medical Benefits) |
| (1) | If a survivor among victims of forced overseas mobilization or a survivor who returned from forced overseas mobilization needs medical treatment due to old age, illness, disabilities, etc. or assistive devices, the State shall partially subsidize such survivor for medical treatment or the purchase of assistive devices. |
| (2) | The amount of the subsidy under paragraph (1), the methods of payment of such subsidy, and other matters necessary for paying such subsidy shall be prescribed by Presidential Decree. |
| Article 7 (Ineligibility for Consolation Payments) |
Any of the following persons shall be ineligible for the consolation payments under Article 4, the subsidy for unpaid entitlements under Article 5, and medical benefits under Article 6 (hereinafter referred to as "consolation payments, etc."): | 1. | A victim of forced overseas mobilization, a survivor who returned from forced overseas mobilization, or an unpaid sufferer, each of whom conducted pro-Japan, anti-national acts defined in Article 2 of the Special Act on Finding the Truth of Anti-National Acts under the Colonial Rule of Japanese Imperialism; |
| 2. | A person or his or her bereaved family members, who have already received or currently receive certain support for damage that the person sustained during the forced mobilization period under the Act on Livelihood Stability and Memorial Services for Sexual Slavery Victims for the Japanese Imperial Army or any other Act; |
| 3. | A person who had resided in Japan continually during the period from August 15, 1947 to June 22, 1965; |
| 4. | A person who does not have the nationality of the Republic of Korea. |
| Article 8 (Establishment and Tasks of Commission on Verification and Support for the Victims of Forced Mobilization under Japanese Colonialism in Korea) |
In order to deliberate on and make a decision on the following activities, the Commission on Verification and Support for the Victims of Forced Mobilization under Japanese Colonialism in Korea (hereinafter referred to as the "Commission") shall be established under the control of the Prime Minister:
| 1. | Investigating matters regarding damage from forced mobilization under Japanese colonialism in Korea and determining the impossibility of assessing such damage; |
| 2. | Collecting and analyzing domestic and foreign materials relating to damage from forced mobilization under Japanese colonialism in Korea; and searching for, recovering, and enshrining human remains; |
| 3. | Examining and identifying sufferers and their bereaved family members; |
| 4. | Establishing archives and memorial places; |
| 5. | Preparing the family relation register determined in this Act; |
| 6. | Determining whether a person is a victim of forced overseas mobilization or an unpaid sufferer, or their bereaved family member; |
| 7. | Determining whether a person is a survivor who returned home from forced overseas mobilization; |
| 8. | Determining the disabilities of victims of forced overseas mobilization due to an injury; |
| 9. | Providing consolation payments, etc.; |
| 10. | Preparing a report of findings; |
| 11. | Other activities prescribed by Presidential Decree. |
| Article 9 (Composition and Operation of Commission) |
| (1) | The Commission shall be comprised of up to 11 members, including one Chairperson, and the members shall be appointed or commissioned by the President, from among relevant public officials and persons who have abundant knowledge and experience. |
| (2) | The Chairperson shall be appointed or commissioned by the President. |
| (3) | The Chairperson shall be appointed as a public official in political service. |
| (4) | Each member who is not a public official shall hold office for a term of two years and may be appointed for consecutive terms. |
| (5) | When a member is no longer able to perform his or her duties due to an accident or the office of a member becomes vacant, a new member shall be appointed or commissioned without delay. In such cases, the term of office of the member appointed or commissioned to fill such vacancy shall coincide with the remaining term of office of his or her predecessor. |
| (6) | Other matters necessary for the composition, operation, etc. of the Commission shall be prescribed by Presidential Decree. |
| Article 10 (Subcommittees) |
| (1) | In order to efficiently perform the tasks of the Commission, the Commission may have subcommittees. |
| (2) | Matters necessary for the composition, operation, etc. of subcommittees shall be prescribed by Presidential Decree. |
| Article 11 (Protection of Members) |
| (1) | No person shall assault or threaten any member or employee of the Commission or an appraiser who is performing his or her duties, force them to conduct any activity in relation to their duties, interrupt their activity conducted in relation to their duties, or assault or threaten them with intent to force them to resign from their position. |
| (2) | No person shall receive any unfavorable treatment, such as removal from office, suspension from office, salary reduction, or transference, on the ground that the person provided, or intends to provide, information in relation to the investigation of damage from forced mobilization under Japanese colonialism in Korea. |
| (3) | The Commission shall prepare measures necessary for securing evidence, materials, etc. relating to the investigation of damage from forced mobilization under Japanese colonialism in Korea and for preventing the destruction of such evidence, materials, etc. |
| (4) | The Commission may provide necessary rewards or support to persons who have revealed actual damage from forced mobilization under Japanese Colonialism in Korea or have found or provided evidence, materials, etc. relating to such damage. Matters necessary for the details, procedures, etc. of such rewards or support shall be prescribed by Presidential Decree. |
| Article 12 (Immunity from Liability of Commission) |
The Commission, members and employees of the Commission, or experts, appraisers, or non-governmental organizations and their relevant members that have performed any task commissioned or delegated by the Commission, shall be immune from civil or criminal liability for a report or public statement prepared and published according to a resolution by the Commission, unless any of them commits an intentional or grossly negligent act in relation to such report or public statement.
| Article 13 (Confidentiality) |
None of the current or former members, employees, and appraisers, and experts or non-governmental organization and a relevant member thereof that participated in the investigation or performed any task assigned the Commission, as commissioned by the Commission, shall provide or divulge information, documents, materials, or tangible items acquired in the course of performing their duties or use such information, documents, data, or tangible items for any purpose other than performing the task assigned by the Commission.
| Article 14 (Prohibition from Unfair Treatment) |
No person shall receive unfair treatment on the ground of an application, report, statement, or material filed or submitted to the Commission pursuant to this Act.
| Article 15 (Guarantee of Independence and Status of Members in Performing Duties) |
| (1) | Members shall perform their duties independently without being instructed or interfered by any person outside the Commission. |
| (2) | No member shall be removed from office against his or her will, unless the member has severe difficulties in continuing to perform his or her duties or is unable to continue to perform his or her duties, due to a physical or mental disability, or is sentenced to a criminal punishment. |
| (3) | Determining whether a member has severe difficulties in continuing to perform his or her duties or is unable to continue to perform his or her duties due to a physical or mental disability as prescribed in paragraph (2), requires the concurring vote of at least 2/3 of the current members. |
| Article 16 (Grounds for Disqualification of Members) |
| (1) | None of the following persons shall be qualified to be 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) for an election to be held under the Public Official Election Act. |
| (2) | A member who falls under any subparagraph of paragraph (1) shall be automatically removed from office. |
| (3) | Where a commissioned member falls under any of the following categories, the member may be dismissed from office: |
| 1. | Where it is found that a commissioned member is unable to perform his or her duties or has severe difficulties in performing his or her duties, due to a mental or physical disability; |
| 2. | Where it is found that a commissioned member is incompetent for the office on the ground of a breach of duty, indecent conduct, or any other ground. |
| Article 17 (Disqualification of, Challenge to, and Refrainment by Members) |
| (1) | Where a member falls under any of the following categories, the member shall be barred from deliberation and decision-making on the relevant case: |
| 1. | Where a member himself or herself or the current or former spouse of the member files an application for consolation payments, etc.; |
| 2. | Where a member is the current or former relative of the applicant for consolation payments, etc.; |
| 3. | Where a member is or was involved in the application for consolation payments, etc. as the representative of a party to the relevant case. |
| (2) | If circumstances indicate that it would be impracticable to expect fair deliberation and decision-making by a member, the applicant for consolation payments, etc. may file a challenge against the member with the Commission. |
| (3) | A member falling under any subparagraph of paragraph (1) or paragraph (2) may voluntarily refrain from participating in deliberation and decision-making by the Commission. |
| Article 18 (Quorum for Resolution) |
Except as otherwise provided in this Act, a resolution by the Commission requires the concurring vote of at least a majority of the current members present.
| Article 19 (Existence Period of Commission and Investigation Period) |
| (1) | The Commission shall continue to exist until June 30, 2015: Provided, That if it is impracticable for the Commission to complete its tasks within the period, it may extend the existence period by not more than six months only once, with the consent of the National Assembly. <Amended on Aug. 4, 2011; Dec. 30, 2013> |
| (2) | The Commission shall complete the investigation of damage from forced overseas mobilization under Japanese colonialism in Korea (limited to a report on damage or an application for fact-finding investigations filed pursuant to Article 12 of the Special Act on Finding the Truth regarding Damage from Forced Mobilization under the Japanese Imperialism; hereinafter the same shall apply) by February 29, 2012 to provide consolation payments, etc. <Amended on May 30, 2011; Aug. 4, 2011> |
| (3) | In order to complete the tasks within the periods set in paragraphs (1) and (2), the Commission shall report to the Prime Minister on the progress of its tasks and a plan or measures for completing the tasks within the periods, on a quarterly basis. |
| (4) | The Minister of the Interior and Safety shall succeed to the administrative work of the Commission upon expiration of the existence period of the Commission under paragraph (1). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 20 (Establishment of Secretariat) |
| (1) | In order to perform administrative work of the Commission, the Commission shall have a secretariat. |
| (2) | The Secretariat shall have one Director General of the Secretariat and other employees as necessary. |
| (3) | The Director General of the Secretariat shall be appointed by the President with the Chairperson's recommendation, upon resolution by the Commission. |
| (4) | Grade V or higher-ranking public officials or public officials in general service as members of the Senior Executive Service shall be appointed by the President with the Chairperson's recommendation, while Grade VI or lower-ranking public officials shall be appointed by the Chairperson. |
| (5) | The Director General of the Secretariat shall take charge of administrative work of the Secretariat under the direction of the Chairperson and shall lead and supervise the employees of the Secretariat. |
| Article 21 (Guarantee of Status of Employees) |
No employee of the Commission shall be forced to resign from office, take a leave of absence, or demoted or removed from office, against his or her will, without being sentenced to a criminal punishment or a disciplinary action or without any ground prescribed by regulations of the Commission.
| Article 22 (Rejection of Reports or Applications) |
| (1) | The Commission may reject an application for investigation of damage from forced mobilization under Japanese colonialism in Korea or an application for consolation payments, etc. under Article 27, without investigating matters regarding such damage in any of the following cases: |
| 1. | Where a report or application does not relate to any matter within the scope of the Commission's investigation; |
| 2. | Where the details of a report or an application is found evidently false or groundless; |
| 3. | Where a report or an application has been filed again with regard to the same fact on which a report or an application already rejected by the Commission was based: Provided, That the foregoing shall not apply where the reporting person or applicant presents a crucial material supporting his or her claim which has not been submitted along with the previous report or application. |
| (2) | Even after commencing an investigation, the Commission may reject a report or an application if the report or application falls under any subparagraph of paragraph (1). |
| Article 23 (Methods of Fact-Finding Investigations of Damage) |
| (1) | The Commission may take the following measures for fact-finding investigations of damage and examining the eligibility for consolation payments, etc.: |
| 1. | Requiring an applicant, witness, person for reference, etc. to submit a written statement or make an appearance before the Commission and hearing their testimony or statements; |
| 2. | Requesting an interested person, or a relevant institution, facility, or organization, etc. to submit relevant materials or tangible items; |
| 3. | Conducting on-site investigations at places, etc. where damage incurred from forced mobilization under Japanese colonialism in Korea; |
| 4. | Requesting any person who is not a bereaved family member of a decedent or any organization, etc. that possesses a decedent's remains or knows the location of such remains to submit relevant materials and deliver the remains; |
| 5. | Requesting administrative agencies or other relevant institutions to cooperate as necessary; |
| 6. | Designating appraisers and requesting appraisals. |
| (2) | If deemed necessary, the Commission may authorize its members or employees to take measures provided for in paragraph (1). |
| (3) | In receipt of a request to submit relevant materials or tangible items or deliver human remains or to cooperate as necessary under paragraph (1) 2 through 5, the head of a relevant institution, etc. shall comply with such request, except in extenuating circumstances prescribed by Presidential Decree, and shall provide convenience necessary for searching for and accessing relevant materials and conducting on-site investigations. |
| (4) | If any relevant material is kept in a foreign country, the head of a relevant institution, etc. requested to submit such material under paragraph (1) 2 shall negotiate in earnest with the government of the country and shall notify the Commission of the results of the negotiation. |
| (5) | The Commission may request the government of a foreign country, via a relevant institution, to disclose materials in the custody of a public institution of the foreign country. |
| (6) | The Commission shall collect and manage information about sufferers' remains and shall provide relevant information to bereaved families of the sufferers. |
| Article 24 (Dismissal of Reports or Applications) |
Where the Commission finds that the details of a report or an application relating to damage from forced mobilization under Japanese colonialism in Korea falls under any of the following cases as a result of investigation, the Commission shall dismiss such report or application:
| 1. | Where the details of a report or an application is evidently untrue or no objective evidence exists to recognize the details as true; |
| 2. | Where a report or an application does not relate to damage from forced mobilization under Japanese colonialism in Korea; |
| 3. | Cases specified by Presidential Decree as those for which it is not appropriate to conduct fact-finding investigations of damage. |
| Article 25 (Fact-Finding Investigations of Damage and Decision on Impossibility of Assessing Damage) |
| (1) | Where the Commission fails to, or is unable to specifically discover the facts regarding damage from forced mobilization under Japanese colonialism in Korea, it shall make a decision that it is unable to conduct investigations for reasons of impossibility. |
| (2) | Where the Commission received a report from a sufferer or any relative of a sufferer but fails to, or is unable to specifically discover the facts regarding damage, it may make a decision that it is unable to assess damage for reasons of impossibility. |
| (3) | Where any new material proving the damage from forced mobilization under Japanese colonialism in Korea is found after making a decision under paragraph (1) or (2), the Commission may conduct reinvestigations upon receipt of an application from the person who has filed a report on damage or an application for fact-finding investigations or ex officio. |
| (1) | When the Commission completes an investigation of the relevant damage in a case, it shall make a decision on each of the following: |
| 1. | Whether damage from forced mobilization under Japanese colonialism in Korea exists; |
| 2. | The cause and background of the relevant damage; |
| 3. | The sufferer and his or her bereaved family members. |
| (2) | After making a decision under paragraph (1), the Commission may make public notice of the findings of the fact-finding investigations, etc. of damage or may report them to the President and the National Assembly. |
| Article 27 (Application for Consolation Payments) |
| (1) | A person who intends to receive consolation payments, etc. shall apply for the consolation payments, etc., in writing, to the Commission, along with evidential materials prescribed by Presidential Decree. |
| (2) | An application for consolation payments, etc. under paragraph (1) shall be filed by June 30, 2014: Provided, That sufferers and their bereaved family members for whom the Commission is under investigation may file an application for consolation payments, etc. within 60 days from the date they receive an authentic copy of decision under Article 29. <Amended on May 30, 2011; Aug. 4, 2011; Dec. 30, 2013> |
| (3) | When the Commission determines that an application and other relevant evidential materials filed or submitted pursuant to paragraph (1) are insufficient, it may require the applicant to complement them, clearly specifying the matters to be complemented and the period given for complement. In such cases, the period for complement shall not exceed 60 days, and full information shall be given about matters relating to such complement. |
| (4) | Other matters necessary for applying for consolation payments, etc. shall be prescribed by Presidential Decree. |
| Article 28 (Deliberation on Applications for Consolation Payments and Decisions Thereon) |
| (1) | The Commission shall deliberate on an application for consolation payments, etc. and shall make a decision on whether to provide support and the amount of support, within six months from the date the application for consolation payments, etc. is filed: Provided, That if any justifiable ground exists for the Commission’s inability to make a decision within the period, the period for deliberation and decision-making may be extended upon decision by the Commission only once by not more than 90 days, but the period for deliberation and decision-making may be extended up to the time the relevant investigation is completed if an investigation is in progress with regard to a sufferer and his or her bereaved family members. |
| (2) | Where an applicant complements documents for the application pursuant to Article 27 (3), the filing date of the complemented documents shall be deemed as the filing date of the relevant application. |
| (3) | Other matters necessary for deliberation and decision-making shall be prescribed by Presidential Decree. |
| Article 29 (Service of Written Decision and Redeliberation) |
| (1) | Where the Commission renders a decision of rejection under Article 22, a decision of dismissal under Article 24, a decision on fact-finding investigations of damage and the impossibility of assessing damage under Article 25, a decision to determine a sufferer and his or her bereaved family members under Article 26, or a decision on whether to provide consolation payments, etc. under Article 28, it shall serve the authentic copy of the decision on the relevant reporting person or applicant, without delay, clearly stating the reasons therefor. |
| (2) | The provisions regarding service in the Civil Procedure Act shall apply mutatis mutandis to the service under paragraph (1). |
| (3) | Where a person who has filed a report on damage or an application for fact-finding investigations of damage is dead or the whereabouts of such persons is unknown, service shall be made on his or her spouse or lineal ascendant or descendant. |
| (4) | When the Commission makes service on any person under paragraph (1) or (3), it shall inform the person on whom service is made of the filing of an application for redeliberation, the procedures and period for filing such application, and other necessary matters. |
| (5) | Where a person who received a written decision under paragraph (1) or (3) has an objection to the decision, he or she may file a written application for redeliberation with the Commission, within 60 days from the date of receiving the decision. |
| (6) | The Commission shall make a decision on the redeliberation under paragraph (5) within 60 days: Provided, That if any justification exists that the Commission is unable to make a decision within the period, the period for making a decision on redeliberation may be extended upon decision by the Commission only once by not more than 30 days. |
| (7) | Paragraphs (1) and (2) shall apply mutatis mutandis to service of a decision on redeliberation. |
| (8) | Matters necessary for the procedures for filing an application for redeliberation under paragraphs (4) through (6) shall be prescribed by Presidential Decree. |
| Article 30 (Consent of Applicants and Provision of Consolation Payments) |
| (1) | Where an applicant who received the authentic copy of a decision intends to receive consolation payments, etc., he or she shall file a request for providing consolation payments, etc. with the Commission, attaching a written consent to the decision. |
| (2) | Matters necessary for the procedures, etc. for providing consolation payments, etc. shall be prescribed by Presidential Decree. |
| Article 31 (Protection of Right to Receive Consolation Payments) |
A right to receive consolation payments, etc. shall not be transferred or provided as security to a third party or shall not be subject to an attachment.
| Article 32 (Tax Exemption) |
| Article 33 (Extinctive Prescription) |
| (1) | A right to receive consolation payments or subsidy for unpaid entitlements shall lapse by completion of extinctive prescription, unless the right is exercised within one year from the date the authentic copy of the decision is served on the applicant. |
| (2) | A right to receive medical benefits under Article 6 shall arise on the filing date of an application for payment under Article 27 (1). |
| (1) | The State may fully or partially recover consolation payments, etc. already paid from a person to whom such consolation payments, etc. have been paid in any of the following cases: |
| 1. | Where the person received consolation payments, etc. by fraud or other improper means; |
| 2. | Where the person was mistakenly provided with consolation payments, etc. due to an error or other cause. |
| (2) | The National Tax Collection Act shall apply mutatis mutandis where the State recovers consolation payments, etc. under paragraph (1). |
| Article 35 (Preparation of Report of Findings) |
| (1) | The Commission shall prepare a comprehensive report of findings from its activities, shall report it to the President and the National Assembly, and shall publish it, within six months from the date the existence period under Article 19 expires. |
| (2) | A report under paragraph (1) shall include matters regarding the activities of the Truth Commission on Forced Mobilization under the Japanese Imperialism and the Commission for Support for Victims of Forced Overseas Mobilization at the Time of the Pacific War that existed before this Act enters into force. |
| (3) | Matters to be included in a report under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 36 (Prohibition of Use of Similar Name) |
No person but the Commission shall use the name "Commission on Verification and Support for the Victims of Forced Mobilization under Japanese Colonialism in Korea" or any similar name.
| Article 37 (Support for Foundation Related to Sufferers) |
The Government may contribute funds or grant subsidies within the budget to a foundation implementing the following projects or established for purposes of implementing such projects, in order to remember persons who died due to forced mobilization under Japanese Colonialism in Korea, reflect on its historical meaning, and promote peace and human rights: <Amended on Aug. 4, 2011; Dec. 30, 2014>
| 1. | Memorial projects, including the creation for memorial places (such as memorial cemeteries, memorial monuments, and memorial parks); |
| 2. | Establishment of archives and museums relating to damage from forced mobilization under Japanese Colonialism in Korea; |
| 3. | Cultural and academic projects and investigation and research projects relating to damage from forced mobilization by imperial Japan; |
| 4. | Other related projects. |
[Title Amended on Aug. 4, 2011]
| Article 38 (Preparation of Family Relation Register) |
Where no family relation register has been prepared for a person, or records in a family relation register relating to a person differ from true facts, due to the damage from forced mobilization under Japanese Colonialism in Korea; a family relation register may be prepared, or such records may be corrected by the Commission's decision in accordance with the procedures prescribed by the Supreme Court Regulations, notwithstanding other statutes or regulations.
| Article 39 (Dispatch of Public Officials) |
| (1) | If deemed necessary for performing the tasks of the Commission, the Chairperson may request the head of any State agency or local government to dispatch their public officials and provide support as necessary. In such cases, upon receipt of a request for dispatch, etc., the head of any State agency or local government shall comply with such request, unless complying with such request causes a serious trouble to the performance of his or her own tasks. |
| (2) | The head of any State agency or local government dispatching a public official to the Commission pursuant to paragraph (1) shall not treat the dispatched person unfavorably in personnel management. |
| Article 40 (Delegation or Entrustment of Authority) |
| (1) | If deemed necessary for performing its tasks, the Commission may delegate part of its authority to perform its tasks to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu), as prescribed by Presidential Decree. |
| (2) | The Commission may entrust financial companies, etc. with its administrative work for providing consolation payments, etc., as prescribed by Presidential Decree. |
| Article 41 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
| Article 42 (Penalty Provisions) |
| (1) | Any person who assaults or threatens any member or employee of the Commission or an appraiser who is performing his or her duties, forces them to conduct any activity in relation to their duties, interrupts their activity conducted in relation to their duties, or assaults or threatens them with intent to force them to resign from their position, in violation of Article 11 (1), shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 20 million won. |
| (2) | Any person who receives, or aids and abets a third person to receive, consolation payments, etc. by fraud or other improper means shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 20 million won. |
| (3) | A person who attempts to commit the crime provided for in paragraph (2) shall be punished. |
| (4) | Any person who breaches the duty of confidentiality under Article 13 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. <Amended on Oct. 16, 2018> |
| Article 43 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: |
| 1. | A person who refuses or evades an on-site investigation conducted pursuant to Article 23 (1) 3, without good cause; |
| 2. | A person who refuses to deliver human remains and to submit relevant materials under Article 23 (1) 4, without good cause; |
| 3. | A person who uses any similar name, in violation of Article 36. |
| (2) | The administrative fines under paragraph (1) shall be imposed and collected by the Chairperson, as prescribed by Presidential Decree. |
ADDENDA <Act No. 10143, Mar. 22, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Preparatory Acts for Enforcing This Act)
The appointment of members, public officials, and employees of the Commission and other preparatory acts, etc. for the establishment of the Commission, done before this Act enters into force, shall be deemed preparatory acts for enforcing this Act.
Article 3 (Transitional Measures regarding Transfer of Administrative Work)
| (1) | The Commission established under Article 8 shall succeed to the administrative work of the former Truth Commission on Forced Mobilization under the Japanese Imperialism and the former Commission for Supporting the Victims of Compulsory Overseas Mobilization around the Pacific War, as at the time this Act enters into force (hereinafter referred to as the "former two Commissions"). |
| (2) | Acts done by and done to the former two Commissions as at the time this Act enters into force shall be deemed done by or to the Commission established under Article 8. |
| (3) | Reports, applications, etc. filed with the former two Commissions as at the time this Act enters into force shall be deemed reports, applications, etc. filed with the Commission established under Article 8. |
Article 4 (Transitional Measure regarding Members and Public Officials)
The members, public officials, and employees of the former two Commissions (excluding Chairpersons) as at the time this Act enters into force shall be deemed members, public officials, and employees of the Commission established under Article 8. Article 5 (Transitional Measure regarding Dispatched Public Officials)
Public officials and employees dispatched to the former two Commissions as at the time this Act enters into force shall be deemed public officials and employees dispatched to the Commission established under Article 8. Article 6 (Repeal of Other Acts)
The following Acts shall be hereby repealed, respectively:
| 1. | The Special Act on Finding the Truth regarding Damage from Forced Mobilization under the Japanese Imperialism; |
| 2. | The Act on Support for Victims of Forced Overseas Mobilization at the Time of the Pacific War. |
ADDENDUM <Act No. 10727, May 30, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 10986, Aug. 4, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12132, Dec. 30, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That, the amendments to the statutes to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant statute.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12916, Dec. 30, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation: Provided, That, the amendments to the statutes to be amended pursuant to Article 5 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant statute. |
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 15796, Oct. 16, 2018>
This Act shall enter into force three months after the date of its promulgation.