CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to clarify the specific causes of occurrence of, and locus of responsibility for, the earthquakes triggered by the geothermal power generation project, which occurred in Pohang-si, Gyeongsangbuk-do on November 15, 2017 and February 11, 2018, and to promote the economic revitalization and community recovery of Pohang-si by providing remedies for damages caused by such earthquakes.
The terms used in this Act are defined as follows:
| 1. | The term "Pohang earthquakes" means earthquakes triggered by the geothermal power generation project which occurred in Pohang-si, Gyeongsangbuk-do, on November 15, 2017 and February 11, 2018; |
| 2. | The term "victim" means any of the following persons who are recognized to suffer any damage caused by the Pohang earthquakes pursuant to Article 16, among the persons falling under any of the following subparagraphs: |
| (a) | A person who lived in Pohang-si at the time of the Pohang earthquakes; |
| (b) | A person who operated a place of business in Pohang-si or was engaged in work activities or school studies at the time of the Pohang earthquakes; |
| (c) | A person who owned movables or immovables in Pohang at the time of the Pohang earthquakes; |
| (d) | Other person who has a good reason to be deemed to suffer damage from the Pohang earthquakes; |
| 3. | The term "geothermal power generation project" means the project for megawatt (MW)-level geothermal power commercialization technology development which has been implemented in Heunghae-eup, Pohang-si since 2010. |
| Article 3 (Responsibilities of State and Local Governments) |
The State and relevant local governments (hereinafter referred to as the "State, etc.") shall formulate and implement comprehensive policies on remedies and support for the damages of the victims and Pohang-si.
| Article 4 (Relationship with Other Acts) |
With respect to fact-finding investigation and damage remedies related to the Pohang earthquakes, this Act shall prevail over other Acts.
CHAPTER II FACT-FINDING INVESTIGATION FOR POHANG EARTHQUAKES
| Article 5 (Fact-Finding Investigation Committee for Pohang Earthquakes) |
| (1) | The Fact-Finding Investigation Committee for the Pohang Earthquakes (hereinafter referred to as the "Fact-Finding Investigation Committee") shall be established under the jurisdiction of the Prime Minister to find out actual facts about the causes of occurrence of, and locus of responsibility for, the Pohang earthquakes. |
| (2) | The Fact-Finding Investigation Committee shall perform the following duties: |
| 1. | Matters concerning identifying the causes of occurrence of, and the locus of responsibilities for, the Pohang earthquakes; |
| 2. | Matters concerning the properness investigation of the project implementation process, such as the process of selecting sites for the geothermal power generation project; |
| 3. | Matters concerning the enactment and amendment of rules on the operation of the Fact-Finding Investigation Committee; |
| 4. | Matters concerning the improvement of statutes and regulations, systems, policies, practices, etc. related to the Pohang earthquakes and the formulation of counter-measures; |
| 5. | Other matters deemed necessary by the Fact-Finding Investigation Committee to realize the purpose of this Act. |
| Article 6 (Composition and Operation of Fact-Finding Investigation Committee) |
| (1) | The Fact-Finding Investigation Committee shall be comprised of nine members, including one Chairperson, and the Chairperson shall be elected from among the members. |
| (2) | The members of the Fact-Finding Investigation Committee shall be appointed by the Prime Minister from among those who have abundant expertise and experience for conducting the fact-finding investigation of the Pohang earthquakes. |
| (3) | The Fact-Finding Investigation Committee shall complete its activities within one year from the date of completion of its composition: Provided, That if it is difficult to complete an activity within that period, the period of its activity may be extended up to three months only once via a resolution of the Fact-Finding Investigation Committee. |
| (4) | The term of office of the Chairperson and the members shall be one year: Provided, That if the period of activities of the Fact-Finding Investigation Committee is extended pursuant to the proviso of paragraph (3), the term of office shall be deemed to be extended until the extended period of activities. |
| (5) | Except as otherwise provided for in paragraphs (1) through (4), matters necessary for the composition and operation, etc. of the Fact-Finding Investigation Committee shall be prescribed by Presidential Decree. |
| Article 7 (Fact-Finding Investigation) |
The Fact-Finding Investigation Committee may conduct fact-finding investigation of the Pohang earthquakes (hereinafter referred to as "investigation") at the request of the victim or ex officio.
| Article 8 (Application for Investigation) |
| (1) | An application under Article 7 (hereinafter referred to as "application for investigation") shall be made in writing, stating the following matters: Provided, That in extenuating circumstances in which it is impossible to made an application for investigation in writing, it may be made orally: |
| 1. | The name and address of the applicant; |
| 2. | The purpose of the application for investigation and the fact that constitutes the cause thereof. |
| (2) | Matters necessary for procedures, methods, etc. for making an application for investigation shall be prescribed by rules of the Fact-Finding Investigation Committee. |
| Article 9 (Decision of Dismissal) |
| (1) | The Fact-Finding Investigation Committee shall dismiss an application for investigation without investigating the relevant case, in a case falling under any of the following subparagraphs: |
| 1. | Where the application for investigation does not fall within the scope of the matters subject to investigation by the Fact-Finding Investigation Committee; |
| 2. | Where the contents of the application for investigation are deemed clearly false or ill-founded; |
| 3. | Where the application for investigation of the same fact as that which constituted the cause of any other application for investigation dismissed by the Fact-Finding Investigation Committee is made: Provided, That the foregoing provisions this shall not apply where the applicant submits critical explanatory materials that has not been submitted in making a previous application for investigation. |
| (2) | The Fact-Finding Investigation Committee shall dimiss an application for investigation where it falls under any of the subparagraphs of paragraph (1) even after the decision to commence the investigation under Article 10 (1). |
| Article 10 (Commencement of Investigation) |
| (1) | Where an application for investigation does not fall under any of the reasons for dismissal under the subparagraphs of Article 9 (1), the Fact-Finding Investigation Committee shall make a decision on the commencement of investigation and conduct necessary investigation without delay. |
| (2) | The Fact-Finding Investigation Committee may, if necessary, conduct preliminary investigation to determine whether to commence the investigation within 30 days before such determination is made. |
| Article 11 (Methods of Investigation) |
| (1) | The Fact-Finding Investigation Committee may take any of the following measures as a method of investigation: |
| 1. | Requesting for a person subject to investigation and a person for reference to submit a written statement; |
| 2. | Requesting for a person subject to investigation and a person for reference to attend the Fact-Finding Investigation Committee, and listening to their statements; |
| 3. | Requesting for a person subject to investigation, a person for reference, and other related agencies, facilities, organizations, etc. to submit the materials and articles deemed related to the Pohang earthquakes, and preserving such submitted materials or articles; |
| 4. | Fact-finding inquiry to the related agencies, facilities, organizations, etc.; |
| 5. | Designating an appraiser and requesting him or her to conduct appraisal; |
| 6. | Entering the places deemed related to the Pohang earthquakes and conducting on-site investigation of places, facilities, materials or articles. |
| (2) | Where the Fact-Finding Investigation Committee conducts on-site investigation pursuant to paragraph (1) 6, it may request the submission of the materials or articles deemed to be related to the Pohang earthquakes. In such cases, a person who is requested to submit the materials or articles shall comply therewith without delay. |
| (5) | The Fact-Finding Investigation Committee may, if deemed necessary, have its members or staff take measures under the subparagraphs of paragraph (1). |
| (6) | Where the Fact-Finding Investigation Committee exercises its authority under paragraph (1), the member or staff exercising its authority shall carry a certificate indicating its authority and present such certificate to the relevant person. |
| Article 12 (Accusation and Request for Criminal Investigation) |
| (1) | Where as a result of investigation, the contents subject to investigation are confirmed to be true, and the suspicion of a crime turns out to be well-founded, the Fact-Finding Investigation Committee shall file an accusation with the Prosecutor General. |
| (2) | Where the Fact-Finding Investigation Committee, in the course of investigation, deems that there is a significant probability of a crime, it may request an investigation agency to conduct criminal investigation. |
| (3) | The Prosecutor General shall appoint a prosecutor in charge of the criminal investigation, institution and maintenance of a prosecution, of the case of a crime the accusation of which is filed by the Fact-Finding Investigation Committee, and shall take necessary measures so that the prosecutor may investigates fairly and impartially. |
CHAPTER III REMEDY AND SUPPORT FOR DAMAGE OF POHANG EARTHEQUAKES
| Article 13 (Deliberation Committee for Remedy for Damages of Pohang Earthquakes) |
| (1) | The Deliberation Committee for Remedy for Damages of the Pohang Earthquakes (hereinafter referred to as the "Deliberation Committee") shall be established under the jurisdiction of the Prime Minister to conduct affairs concerning the remedy and support for the victims of the Pohang earthquakes. |
| (2) | The Deliberation Committee shall perform the following duties: |
| 1. | Matters concerning the deliberation and resolution on whether any person falls under the victim; |
| 2. | Matters concerning the implementation and check-up of remedies for damage of, and subsidizing measures for, the victims and Pohang-si; |
| 3. | Matters concerning the investigation of damages to remedy and subsidize the damage, the subsidies for damage remedy, and the determination of the persons subject to subsidization and the scope of subsidization; |
| 4. | Matters concerning the enactment and amendment of rules on the operation of the Deliberation Committee; |
| 5. | Other matters deemed necessary by the Deliberation Committee to realize the purpose of this Act. |
| Article 14 (Subsidies for Remedying Damages) |
The State shall grant subsidies for remedying actual damages to the victims (hereinafter referred to as "subsidies"), and the matters necessary for subsidization, such as persons eligible for subsidization, standards for calculating the scope of damage, standards for determining subsidies, and procedures for granting subsidies, shall be prescribed by Presidential Decree.
| Article 15 (Composition and Operation of Deliberation Committee) |
| (1) | The Deliberation Committee shall be comprised of nine members, including one Chairperson, and the Chairperson shall be elected from among the members. |
| (2) | Members of the Deliberation Committee shall be appointed by the Prime Minister from among those who have abundant expertise and experience for remedying the damage of the Pohang earthquakes. |
| (3) | Except as otherwise provided for in paragraphs (1) and (2), matters necessary for the composition, operation, etc. of the Deliberation Committee shall be prescribed by Presidential Decree. |
| Article 16 (Application for Recognition of Victims) |
| (1) | A person who intends to be recognized to suffer any damage caused by the Pohang earthquakes (hereinafter referred to as "applicant") shall file an application in writing with the Deliberation Committee, together with evidential documents, as prescribed by the Presidential Decree. In such cases, the applicant may also file an application for the granting of subsidies, in addition to application for the recognition of damage. |
| (2) | An application for the recognition of the victim and the granting of subsidies under paragraph (1) shall be filed within one year after this Act enters into force: Provided, That when an applicant is unable to file an application within that period in extenuating circumstances, such as residing abroad for a certain period of time or longer, he or she shall apply within six months from the date the reason disappears. |
| (3) | The Deliberation Committee shall determine whether to recognize any applicant as a victim and to grant subsidies, within six months from the date of receipt of the application under paragraph (1): Provided, That if necessary for fact-finding investigation, etc., the Deliberation Committee may extend the period by up to 30 days only once. |
| (4) | The Deliberation Committee may investigate the facts, etc. necessary for deliberation and resolution on whether an applicant under paragraph (1) falls under the victim. In such cases, the applicant may state his or her opinion on the amount of subsidies, etc. during the deliberation procedures of the Deliberation Committee. |
| (5) | If deemed necessary for fact-finding investigation under paragraph (4), the Deliberation Committee may request the relevant administrative agencies, individuals, enterprises, organizations, etc. related to the fact of investigation to submit necessary materials or provide cooperation. In such cases, such relevant administrative agencies, individuals, enterprises, organizations, etc. requested to submit materials etc. or provide cooperation shall comply therewith, except in extenuating circumstances. |
| (6) | Except as otherwise provided for in paragraphs (1) through (5), matters necessary for the recognition of the victims, etc. shall be prescribed by Presidential Decree. |
| Article 17 (Principles of Support) |
| (1) | The State shall preferentially implement measures necessary to promptly perform remedy for damages and provide administrative and financial support therefor under this Act. |
| (2) | The State shall hear the opinions of the victims, etc. and reflect them as much as possible when formulating and implementing a support plan for the victims and Pohang-si. |
| Article 18 (Support for Economic Revitalization and Community Recovery) |
The State shall implement special support measures for revitalizing the recessed economy of Pohang-si caused by the Pohang earthquakes and recovering the community of Pohang-si.
| Article 19 (Request for Cooperation in Victims-Related Financial Transactions) |
The State, etc. may request the relevant public institutions, financial institutions, or other related institutions or organizations to provide cooperation necessary to alleviate the financial burden of the victims suffering from financial debt.
| Article 20 (Development and Implementation of Community Recovery Programs) |
| (1) | The State, etc. shall develop and implement the programs which are formulated in consideration of the following matters for securing the psychological stability of the victims and the residents of Pohang-si and the recovery of the community: |
| 1. | Specialities of the victims and residents of Pohang-si, such as gender, age, occupation, etc.; |
| 2. | Preventing the victims and the residents of Pohang-si from leaving the local community, and improving the quality of their life; |
| 3. | Participation and connection of the non-profit private organizations, organizations for the public interest, and clubs located in Pohang-si, which are related to health, welfare, culture, sports, etc. |
| (2) | Where Pohang-si implements the program under paragraph (1), the State, etc. may fully or partially subsidize expenses incurred in such implementation. In such cases, matters necessary for the details, methods, period, etc. of such support shall be prescribed by Presidential Decree. |
| (3) | The State, etc. shall fully collect the opinions of the victims and the residents of Pohang-si when developing the program under paragraph (1). |
| (4) | The State, etc. may conduct surveys and researches necessary for the development and implementation of programs under paragraph (1). |
| Article 21 (Establishment of Community Complex Facilities) |
| (1) | Pohang-si may, if necessary for recovering the community, establish and operate, in consultation with the State, a complex facility that provides psychological counseling and services, such as those related to health, welfare, care, labor, culture, etc. |
| (2) | The head of a complex facility referred to in paragraph (1) shall, if necessary to support the effective recovery of the community, have employees under his or her jurisdiction visit the families, etc. of residents of Pohang-si to provide psychological counseling and services such as those related to health, welfare, care, labor, culture, etc. under paragraph (1). |
| (3) | Where Pohang-si establishes and operates a complex facility under paragraph (1), the State, etc. may partially subsidize the necessary expenses. |
| (4) | Matters necessary for the establishment, operation, etc. of complex facilities under paragraph (1) shall be prescribed by municipal ordinances of local governments. |
| Article 22 (Establishment of Pohang Trauma Center) |
| (1) | The State may establish the Pohang Trauma Center for the comprehensive mental health care of the victims which considers the specialities of the victims and the community of Pohang area. |
| (2) | The Pohang Trauma Center under paragraph (1) shall be operated by the State, etc., and matters necessary for the establishment, operation, and entrustment of operation, of the Pohang Trauma Center shall be prescribed by Presidential Decree. |
| Article 23 (Implementation of Disaster Prevention Education Projects) |
The State, etc. may collect and preserve materials on the Pohang earthquakes and implement the projects prescribed by Presidential Decree for conducting education on disaster prevention and promoting safety awareness.
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 24 (Duties of Cooperation of State Agencies, etc.) |
State agencies, local governments, and public institutions under Article 4 of Act on the Management of Public Institutions (hereinafter referred to as "state agencies, etc.") shall actively provide cooperation to the Fact-Finding Investigation Committee and the Deliberation Committee in performing their duties.
| Article 25 (Establishment of Secretariat) |
| (1) | A secretariat shall be established to handle the affairs of the Fact-Finding Investigation Committee and the Deliberation Committee. |
| (2) | The secretariat shall have one Secretary General and other necessary staff. |
| (3) | The Fact-Finding Investigation Committee or the Deliberation Committee may, if necessary for its operation, request the relevant agencies, corporations, or organizations to dispatch public officials or executive officers and employees under their jurisdiction. |
| (4) | The State, etc. shall promptly provide administrative and financial support necessary for the operation of the Fact-Finding Investigation Committee or the Deliberation Committee. |
| (5) | Except as otherwise provided for in paragraphs (1) and (2), matters necessary for the affairs, composition and operation of the Secretariat shall be prescribed by Presidential Decree. |
| Article 26 (Delegation, Entrustment of Duties) |
| (1) | The Fact-Finding Investigation Committee or the Deliberation Committee may, if deemed necessary, delegate or entrust part of its affairs to state agencies, experts, or non-governmental organizations, or may perform its affairs jointly therewith. |
| (2) | Matters necessary for delegation, entrustment, and joint performance under paragraph (1) shall be prescribed by Rules of the Fact-Finding Investigation Committee or the Deliberation Committee. |
| Article 27 (Duty of Confidentiality) |
A person who is or was a member, staff or appraiser of the Fact-Finding Investigation Committee or the Deliberation Committee, or an expert or private organization or its related persons who participated in the investigation or performed the affairs of the Fact-Finding Investigation Committee or the Deliberation Committee under the delegation, entrustment, etc. thereby shall not divulge secrets related to the duties of the Fact-Finding Investigation Committee or the Deliberation Committee, nor use it for any purpose other than performing the duties thereof.
| Article 28 (Prohibition of Misrepresentation of Qualification) |
No person shall exercise the authority of the Fact-Finding Investigation Committee or the Deliberation Committee by misrepresenting the qualifications of a member or staff of the Fact-Finding Investigation Committee or the Deliberation Committee, or by falsely pretending to be delegated or entrusted with, or jointly perform, the duties.
| Article 29 (Protection of Activities of Fact-finding Committee and Deliberation Committee) |
| (1) | No person shall obstruct, by violence, intimidation, or fraudulent means, the performance of duties by a member, staff, or appraiser of the Fact-Finding Investigation Committee or the Deliberation Committee. |
| (2) | No person shall receive any disadvantageous treatment, such as the removal from office, layoff, reduction of salary, or transfer to another position, on the ground that he or she has provided information or attempted to provide information in relation to the investigation. |
| (3) | The Fact-Finding Investigation Committee and the Deliberation Committee shall take measures for protecting persons for reference and appraisers and for securing related materials or articles to prevent their destruction. |
| (4) | The Fact-Finding Investigation Committee may provide necessary support, including the payment of compensation, and proposal of pardon, to a person who submits testimony or statement or submits materials or articles important for the investigation. |
| (5) | The details of support, and procedures for providing support under paragraph (4), and other necessary matters, shall be prescribed by Rules of the Fact-Finding Investigation Committee. |
| Article 30 (Protection of Persons Subject to Investigation) |
| (1) | No person shall disclose the identity of a person subject to investigation or a person for reference or the details of investigation in newspaper, magazine, broadcasting (including Internet newspapers and broadcasting), or other publications. |
| (2) | Notwithstanding paragraph (1), the Fact-Finding Investigation Committee may decide to disclose the details of the investigation via a resolution: Provided, That the foregoing shall not apply where disclosure is subject to restriction under the Official Information Disclosure Act or other Acts or where the relevant person's privacy is feared to be infringed. |
| Article 31 (Transportation Expenses, Travel Expenses) |
A person who presents at the Fact-Finding Investigation Committee, the Deliberation Committee, or other places to submit materials or articles or to make testimony, appraisal, statement, etc. pursuant to this Act, shall be reimbursed for transportation expenses, travel expenses, daily allowances, and lodging expenses, etc., as prescribed by rules of the Fact-Finding Investigation Committee or the Deliberation Committee.
| Article 32 (Exemption from Liability for Disclosure) |
No member or staff of the Fact-Finding Investigation Committee shall be liable for civil or criminal liability unless there is any intentional act or negligence on his or her part in relation to the contents disclosed by the Fact-Finding Investigation Committee pursuant to this Act.
| Article 33 (Preparation and Submission of Reports.) |
| (1) | The Fact-Finding Investigation Committee shall prepare a report on its activities and present it to the National Assembly and the President within one month after the activities are terminated. |
| (2) | The Fact-Finding Investigation Committee shall hold a briefing session on the contents of the report under paragraph (1), for the victims of the Pohang earthquakes. |
| (3) | Where a recommendation to a state agency, etc., is included in the report under paragraph (1), the state agency, etc. upon receipt of the recommendation shall implement it unless in extenuating circumstances. |
| Article 34 (Relationship with Other Compensation or Indemnity) |
| (1) | When the State is liable for compensation under the State Compensation Act in connection with geothermal power generation projects, it shall compensate for the damage. |
| (2) | Where a person eligible for subsidies under this Act or any remedy or support on any other ground, has received or is determined to receive the compensation for damage pursuant to the State Compensation Act or the same kind of compensation or subsidies from the State, etc. pursuant to other statutes and regulations, the subsidies, etc. under this Act shall not be paid within the extent of the amount received or to be received. |
| (3) | When the State, etc. has paid subsidies, etc. pursuant to this Act, it shall subrogate the person who has received the relevant subsidies, etc. to the extent of the paid amount of subsidies with respect to the rights to claim for damages caused by the Pohang earthquakes. |
| Article 35 (Recovery of Unjust Enrichment) |
| (1) | Where a person who has receive the subsidies falls under any of the following subparagraphs, the State shall recover the amount equivalent to such subsidies: |
| 1. | Where he or she has received such subsidies by fraud or other unjustifiable means; |
| 2. | Where such subsidies are paid by mistake, etc.. |
| (2) | Matters necessary for the method, etc. of recovery under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 36 (Legal Fiction as Public Official in Application of Penalty Provisions) |
CHAPTER V PENALTY PROVISIONS
| Article 37 (Penalty Provisions) |
| (1) | A person who obstructs, by violence, intimidation, or fraudulent means, the performance of duties by a member, staff, or appraiser of the Fact-Finding Investigation Committee or the Deliberation Committee in violation of Article 29 (1) shall be shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. |
| (2) | A person who defames the honor of other persons person by disclosing the identity of a person subject to investigation or a person for reference or the details of investigation in violation of Article 30 (1) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. |
| (3) | Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: |
| 1. | A person who divulges secrets related to the duties of the Fact-Finding Investigation Committee or the Deliberation Committee, nor use it for any purpose other than performing the duties thereof, in violation of Article 27; |
| 2. | A person who exercises the authority of the Fact-Finding Investigation Committee or the Deliberation Committee by misrepresenting the qualifications of a member or staff of the Fact-Finding Investigation Committee or the Deliberation Committee, or falsely pretending to be delegated or entrusted with, or jointly perform, the duties, in violation of 28. |
| Article 38 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine of not more than 30 million won: |
| 1. | A person who fails to comply with a request for submission of materials or articles under Article 11 (1) 3 or submits false materials or articles without any justifiable reason; |
| 2. | A person who fails to comply with the request for the submission of the materials or articles under Article 11 (2) or submits false materials or articles without any justifiable reason. |
| (2) | Any of the following persons shall be subject to an administrative fine of not more than 10 million won: |
| 1. | A person who falsely replies to a fact-finding inquiry under Article 11 (1) 4; |
| 2. | A person who refuses or obstructs an on-site investigation under Article 11 (1) 6 without any justifiable reason; |
| 3. | A person who commits disadvantageous treatment in violation of Article 29 (2). |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Chairperson of the Fact-Finding Investigation Committee, as prescribed by Presidential Decree. |
ADDENDA
Article 1 (Enforcement Date)
The Act shall enter into force three months after its promulgation: Provided, That Articles 14 and 16 shall enter into force eight months after its promulgation. Article 2 (Preparation for Enforcement of this Act)
Related preparation such as the appointment of the members of the Fact-Finding Investigation Committee or the Deliberation Committee, the enactment and promulgation of the rules thereof, the preparation for establishment thereof may be performed before this Act enters into force.
Article 3 (Applicability to Commencement of Term of Office of Members of Fact-Finding Investigation Committee)
The term of office of a member of the Fact-Finding Investigation Committee appointed for the first time pursuant to this Act shall be deemed to commence on the date this Act enters into force.