CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to ascertain distorted or covered-up truths by investigating human rights abuses, violence, massacre, secret burials, etc. caused by anti-democratic or anti-humane acts committed by state power at the time in relation to the May 18 Democratization Movement in 1980, thereby contributing to the unity of the people. <Amended on Jan. 5, 2021>
The terms used in this Act are defined as follows: <Amended on Jan. 5, 2021>
| 1. | The term "May 18 Democratization Movement" means a demonstration held in Gwangju-related regions in May 1980, against which the military, etc. committed the crime of destroying constitutional order and unlawfully exercised governmental authority, resulting in numerous victims and sufferers; |
| 2. | The term "victim" means a person who died or went missing at the time in relation to the May 18 Democratization Movement; |
| 3. | The term "sufferer" means any of the following persons: |
| (a) | Any person, other than a victim, who suffered from detention, confinement, injury, harsh treatment, or from the aftereffects thereof at the time in relation to the May 18 Democratization Movement; |
| (b) | The spouse, lineal ascendants or descendants, and siblings of a victim; |
| (c) | The spouse, lineal ascendants or descendants, and siblings of a person falling under item (a). |
| Article 3 (Scope of Truth Investigation) |
The Commission to Investigate the Truth of the May 18 Democratization Movement established under Article 4 shall reveal the truth behind the following: <Amended on Jan. 5, 2021> | 1. | Significant human rights violations, such as murder of civilians, death caused by injury, injury, sexual violence, or experience of any mental or physical aftereffects, etc. committed by state power, such as the military and the police, in relation to the May 18 Democratization Movement; |
| 2. | Human rights violations committed by state power, such as the military and the police, while taking-away, confinement, investigations, etc. occurred in relation to the May 18 Democratization Movement; |
| 3. | Details of the shooting by the military and persons to be held responsible therefor at the time of the May 18 Democratization Movement; |
| 4. | Helicopter shooting by the military at the time of the May 18 Democratization Movement; |
| 5. | Massacre of civilians perpetrated by the military at the time of the May 18 Democratization Movement; |
| 6. | Number and whereabouts of missing persons at the time of the May 18 Democratization Movement; |
| 7. | Matters concerning the secret burial of victims, the abandonment of dead bodies, the excavation and recovery of the remains at the time the May 18 Democratization Movement occurred; |
| 8. | Concealment, distortion, or fabrication of the May 18 Democratization Movement by the Ministry of National Defense, a military agency, the National Intelligence Service, etc. after the May 18 Democratization Movement; |
| 9. | Involvement of the North Korean forces in the May 18 Democratization Movement and fabricated invasion by the North Korean forces; |
| 10. | Oppression against sufferers by state power, etc.; |
| 11. | Damage resulting from the death, injury, etc. of the military personnel during the operations in relation to the May 18 Democratization Movement and of police officers dispatched to crack down on the demonstrations related thereto; |
| 12. | Any other cases for which truth investigation is deemed necessary by the Commission to Investigate the Truth of the May 18 Democratization Movement established under Article 4, to accomplish the purpose of this Act. |
CHAPTER II COMPOSITION AND OPERATION OF COMMISSION TO INVESTIGATE TRUTH OF MAY 18 DEMOCRATIZATION MOVEMENT
| Article 4 (Establishment of Commission to Investigate Truth of May 18 Democratization Movement) |
The Commission to Investigate the Truth of the May 18 Democratization Movement (hereinafter referred to as the “Commission”) shall be established to perform the duties prescribed in this Act.
| Article 5 (Independence of Commission) |
The Commission shall independently perform the duties under its authority and maintain political neutrality and objectivity when performing its duties.
| Article 6 (Duties of Commission) |
The Commission shall perform the following duties:
| 1. | Selecting the objects of investigation, as well as making a decision to commence an investigation following the selection; |
| 2. | Proceeding with an investigation; |
| 3. | Making a decision of the ascertained truth or decision of the unascertainable truth upon investigations; |
| 4. | Preparing a report on truth investigation after completion thereof; |
| 5. | Conducting research activities to ascertain the truth; |
| 6. | Any other matters the Commission deems necessary to realize the purpose of this Act. |
| Article 7 (Composition of Commission) |
| (1) | The Commission shall be comprised of nine members, including three standing members. |
| (2) | Nine persons recommended by the National Assembly (consisting of one person recommended by the Speaker of the National Assembly; four persons recommended by the negotiation body of a political party to which the President belongs or belonged; and four persons recommended by other negotiation bodies and non-negotiation bodies; but the standing members, among such persons, shall consist of one person recommended by the Speaker of the National Assembly; one person recommended by the negotiation body of a political party to which the President belongs or belonged; and one person recommended by any other negotiation body and non-negotiation body), from among the following persons, shall be appointed by the President, as members of the Commission: <Amended on Nov. 12, 2019> |
| 1. | Any current or former judge, public prosecutor, military judicial officer, or attorney-at-law with at least five years' experience; |
| 2. | Any current or former professor, associate professor, or assistant professor at a university or college with at least five years' experience in any field relating to historical research or military security; political science, public administration, or jurisprudence; physics, ballistics, or any other natural science; |
| 3. | Any person who has at least five years' working experience in any field relating to forensic medicine as a forensic doctor; |
| 4. | Any person who has at least five years' experience in research activities, such as historical research and historiography; |
| 5. | Any person who has at least five years' working experience at any domestic or foreign private organization in the field of human rights; |
| 6. | A person who has served as a soldier for at least 20 years. |
| (3) | One Chairperson and one Vice Chairperson shall be elected, from among the standing members, by a resolution of the Commission. |
| (4) | The standing members, including the Chairperson and Vice Chairperson of the Commission, shall be appointed as public officials in political service. |
| Article 8 (Term of Office of Chairperson and Members) |
| (1) | The term of office of the Chairperson, Vice Chairperson, and each member shall be two years: Provided, That where the operating period of the Commission is extended, the term of office shall be deemed extended by the same period the operating period is extended. |
| (2) | Where an investigation is completed pursuant to Article 9 (3), the term of office of members shall be deemed to expire, notwithstanding paragraph (1). |
| (3) | Where office held by a member is vacated during the term of office, a person authorized to select or designate the relevant member shall select or designate his or her successor within 30 days from the date the term of office expires or the vacancy occurs; and the President shall immediately appoint the selected or designated person. |
| Article 9 (Operating Period of Commission) |
| (1) | The Commission shall conduct activities to ascertain the truth for two years from the date the Commission is fully comprised. |
| (2) | Where it is impracticable to complete activities to ascertain the truth within the period specified in paragraph (1), the Commission may extend its operating period only twice by up to one year for each extension, after reporting on the extension to the President and the National Assembly, three months prior to the expiration of the period. <Amended on Jan. 5, 2021> |
| (3) | If it is deemed unnecessary to conduct an investigation, the Commission may terminate the investigation by its resolution even before the investigation period specified in paragraphs (1) and (2) expires. |
| Article 10 (Duties of Chairperson) |
| (1) | The Chairperson shall represent the Commission and exercise general supervision over the affairs of the Commission. |
| (2) | Where the Chairperson is unable to perform his or her duties due to unavoidable circumstances, the Vice Chairperson or a standing member predesignated by the Chairperson shall act on his or her behalf in the order named. |
| (3) | The Chairperson may propose the submission of a bill regarding affairs under the jurisdiction of the Commission to the President. |
| (4) | Where the Chairperson performs duties related to the budget of the Commission, he or she shall be deemed the head of a central government agency defined in Article 6 of the National Finance Act. |
| Article 11 (Members' Independence in Performing Duties and Guarantee of Status) |
| (1) | Commission members shall perform their duties independently without any external instruction or interference. |
| (2) | No Commission member shall be dismissed from office against his or her will, except in any of the following cases: |
| 1. | Where a member has substantial difficulty in performing his or her duties due to a physical or mental disability; |
| 2. | Where a sentence of imprisonment without labor or heavier punishment imposed on a member is upheld. |
| (3) | Where a member falls under paragraph (2) 1, the Commission may require him or her to retire by a resolution passed with a concurrent vote of two-thirds of all incumbent members. |
| Article 12 (Grounds for Disqualification of Members) |
| (1) | None of the following persons shall be a Commission member: |
| 1. | A person who is not a citizen of the Republic of Korea; |
| 3. | A member of a political party; |
| (2) | Where a member falls under any subparagraph of paragraph (1), he or she shall resign from office ipso facto. |
| Article 13 (Prohibition of Members from Holding Concurrent Offices and Others) |
| (1) | A member shall neither concurrently take any office falling under any of the following, nor perform the duties thereof while in office: |
| 1. | A National Assembly member or local council member; |
| 2. | A public official of any other State agency or local government (excluding an educational official); |
| 3. | Other positions or duties determined by rules of the Commission. |
| (2) | A Commission member shall neither join a political party, nor engage in political activities. |
| Article 14 (Exclusion of, Challenge to, and Refrainment by Members) |
| (1) | Any member falling under any of the following shall be excluded from deliberation and decision-making by the Commission: |
| 1. | Where a member or his or her spouse or former spouse is a perpetrator, victim, or sufferer in a case subject to truth investigation by the Commission; |
| 2. | Where a member is or was a relative to a perpetrator, victim, or a sufferer in a case subject to truth investigation by the Commission; |
| 3. | Where a member has been involved in any investigation or trial of a case subject to truth investigation by the Commission; |
| 4. | Where a member has made a testimony or appraisal regarding a case subject to truth investigation by the Commission; |
| 5. | Where a member is or was involved in a case subject to truth investigation by the Commission, as an agent for a perpetrator, victim, or sufferer. |
| (2) | Where any ground arises making it impracticable to expect fair deliberation or decision-making from a Commission member, the relevant applicant for a case subject to truth investigation or the relevant person subject to investigation may file a request to challenge such member with the Commission. |
| (3) | Where a member deems that he or she falls under the grounds specified in any subparagraph of paragraph (1) or paragraph (2), such member may personally refrain from deliberation and decision-making by the Commission. |
| Article 15 (Proceedings and Quorum to Adopt Resolutions) |
The Chairperson shall preside over Commission meetings; and resolutions shall be passed with a concurrent vote of a majority of all incumbent members, except as otherwise expressly provided for in this Act.
| Article 16 (Disclosure of Proceedings) |
| (1) | The Commission shall disclose the proceedings of meetings: Provided, That it may choose not to disclose the proceedings, if deemed necessary. |
| (2) | Matters necessary to disclose the proceedings of meetings shall be determined by rules of the Commission. |
| Article 17 (Maximum Number of Commission Staff and Others) |
| (1) | The maximum number of Commission staff members shall be prescribed by Presidential Decree within a limit of 70 persons. <Amended on Jan. 5, 2021> |
| (2) | Except as otherwise expressly provided for in this Act, matters necessary for the organizational structure of the Commission shall be prescribed by Presidential Decree; and matters necessary for operating the Commission shall be determined by rules of the Commission. |
| Article 18 (Establishment of Secretariat) |
| (1) | A secretariat shall be established in the Commission to conduct the affairs of the Commission. |
| (2) | The secretariat shall have one secretary-general and necessary staff members; and the Vice Chairperson of the Commission shall serve as the secretary-general. |
| (3) | Public officials of at least Grade III or members of the Senior Executive Service, among staff members of the secretariat, shall be appointed by the President on the recommendation of the Chairperson of the Commission after examination by the Commission; public officials of Grade IV or V shall be appointed by the Chairperson after examination by the Commission; and public officials of not exceeding Grade VI shall be appointed by the Chairperson on the recommendation of the secretary-general. |
| (4) | The secretary-general shall administer the affairs of the secretariat and give directions to and supervise staff members under his or her authority, under the direction of the Chairperson. |
| (5) | Except as otherwise expressly provided for in this Act, matters necessary for the organizational structure and operation of the secretariat shall be determined by rules of the Commission. |
| Article 18-2 (Establishment of Advisory Organization) |
| (1) | The Commission may have an advisory organization to seek advice on matters necessary to perform the duties. |
| (2) | The members of an advisory organization referred to in paragraph (1) shall be commissioned by the Chairperson with the consent of at least 2/3 of the Commission members. |
| (3) | An advisory organization shall be comprised of specialist members, advisor members, assistant personnel, etc. |
| (4) | Except as provided in this Act, matters necessary for the composition and operation of an advisory organization shall be determined by rules of the Commission. |
[This Article Newly Inserted on Jan. 5, 2021]
| Article 19 (Guarantee of Status of Staff Members) |
| (1) | No Commission staff member shall be subject to retirement, leave, demotion, or dismissal from office, against his or her will, unless a sentence against him or her is upheld or he or she is subjected to disciplinary action. |
| (2) | Any Commission staff member, other than dispatched public officials, shall be deemed a public official in extraordinary civil service under the State Public Officials Act during the operating period of the Commission. |
| Article 20 (Establishment of Disciplinary Committee) |
| (1) | A disciplinary committee shall be established in the Commission to resolve any disciplinary action against Commission staff members. |
| (2) | The composition, authority, and deliberation procedures of the disciplinary committee, types and effect of disciplinary action, and other necessary matters for disciplinary action, shall be determined by rules of the Commission. |
| Article 21 (Dispatch of Public Officials) |
| (1) | Where deemed necessary to perform the duties of the Commission, the Chairperson may request State agencies, local governments, and public institutions designated under Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as “State agencies, etc.”) to dispatch public officials or staff members thereof to the Commission and to provide necessary support. In such cases, the heads of State agencies, etc. so requested shall promptly provide cooperation, unless they can clearly explain that doing so causes significant challenges in performing their duties. |
| (2) | Public officials or staff members dispatched to the Commission under paragraph (1) shall perform the duties of the Commission independently of the State agencies, etc. to which they belong. |
| (3) | No State agencies, etc. which have dispatched public officials or staff members to the Commission pursuant to paragraph (1) shall take any unfavorable measures against such public officials or staff members in terms of human resources affairs. |
CHAPTER III DUTIES AND AUTHORITY OF COMMISSION
SECTION 1 Investigations to Ascertain Truth
| Article 22 (Ex Officio Investigations to Ascertain Truth) |
| (1) | Where reasonable grounds exist to acknowledge that the relevant case falls under any of the subparagraphs of Article 3 and where it is deemed critical to ascertain the truth, the Commission may investigate the case ex officio. |
| (2) | Where the Commission conducts an ex officio investigation under paragraph (1), Article 26 shall apply mutatis mutandis to the procedure for commencing the investigation. |
[This Article Wholly Amended on Jan. 5, 2021]
| Article 23 (Application for Truth Investigation) |
| (1) | A sufferer, a relative to a sufferer, or a person who has special knowledge regarding the scope of truth investigation referred to in Article 3 may file an application for truth investigation with the Commission. |
| (2) | An application referred to in paragraph (1) shall be filed within two years after the Commission completes the composition. <Amended on Dec. 10, 2019; Jan. 5, 2021> |
| (3) | The scope of relatives and persons who have special knowledge referred to in paragraph (1) shall be prescribed by Presidential Decree. |
| Article 24 (Methods of Filing Applications) |
| (1) | An application referred to in Article 23 shall be filed in writing stating the following matters: Provided, That where special circumstances exist that make it impracticable to file an application in writing, the application may be filed orally: |
| 1. | Name and address of an applicant; |
| 2. | Intent of application and facts based on which an application is filed. |
| (2) | Procedures and methods for filing an application under paragraph (1) and other necessary matters shall be determined by rules of the Commission. |
| Article 25 (Decision of Rejection) |
| (1) | Where an application for truth investigation falls under any of the following cases, the Commission shall reject the application without investigating the relevant case: |
| 1. | Where the application for truth investigation is not subject to investigation to ascertain the truth by the Commission; |
| 2. | Where the contents of the application for truth investigation is deemed obviously false or groundless; |
| 3. | Where the application for truth investigation is filed regarding the facts identical to any other application for truth investigation already rejected by the Commission: Provided, That this shall not apply where an applicant submits important explanatory materials not submitted for a previously filed application. |
| (2) | Where an application for truth investigation falls under any subparagraph of paragraph (1), the Commission shall reject the application even after it has decided to commence an investigation under Article 26 (1). |
| Article 26 (Commencement of Investigations to Ascertain Truth) |
| (1) | If an application for truth investigation does not constitute any of the grounds for rejection specified in any subparagraph of Article 25 (1), the Commission shall decide to commence an investigation and conduct a necessary investigation regarding relevant matters without delay. |
| (2) | The Commission may conduct a preliminary investigation to decide whether to commence an investigation, for a period not exceeding 30 days before such decision, if necessary. |
| Article 27 (Methods for Conducting Investigations to Ascertain Truth) |
| (1) | The Commission may take any of the following measures as a method of conducting investigations: |
| 1. | Requesting a person subject to investigation and any reference witness to submit a written statement; |
| 2. | Requesting a person subject to investigation and any reference witness to appear and hearing their statements; |
| 3. | Requesting a person subject to investigation, any reference witness, and other relevant institutions, facilities, organizations, etc. (hereinafter referred to as "institutions, etc.") to submit relevant materials or articles, as well as taking custody of the submitted materials or articles; |
| 4. | Making fact-checking inquiries about institutions, etc.; |
| 5. | Designating an appraiser and requesting him or her to conduct appraisals; |
| 6. | Conducting on-site investigations of places, facilities, materials, or articles by accessing places where facts, which serve as the cause of the relevant case subject to truth investigation, have occurred or any other places necessary for investigation. |
| (2) | Where deemed necessary, the Commission may have a member or staff member of the Commission to take measures specified in any subparagraph of paragraph (1). |
| (3) | Where the Commission conducts an on-site investigation under paragraph (1) 6, it may request institutions, etc. to submit necessary materials or articles. In such cases, a person so requested shall comply, without delay. |
| (6) | Where the Commission deems that an explanation made under paragraph (5) is groundless after consideration, it may issue an order to submit materials or articles by its resolution. |
| (7) | Where inevitable for truth investigation, the Commission may request related institutions to submit personal information, such as resident registration data and family relationship registration data. <Newly Inserted on Jan. 5, 2021> |
| (8) | An administrative agency, a relevant institution, etc., in receipt of a request to cooperate in fact-checking inquiries under paragraph (1) 4 shall comply therewith in a prompt manner and notify the Commission of the results without delay. <Newly Inserted on Jan. 5, 2021> |
| (9) | No Commission member or employee (including members of an advisory organization designated under Article 18-2) shall use information or data submitted pursuant to paragraphs (7) and (8) for any purpose other than the intended purposes. <Newly Inserted on Jan. 5, 2021> |
| (10) | Institutions, etc. in receipt of a request from the Commission to submit materials or articles regarding on-site investigations or truth investigations shall not refuse to submit them without good cause and shall, in receipt of a request to submit materials under paragraph (7), provide the requested personal information, notwithstanding Article 18 (1) of the Personal Information Protection Act: Provided, That this shall not apply where the competent Minister (the head of a relevant government agency, in cases of agencies under the jurisdiction of the President or the Prime Minister) explains that an announcement of matters on State secrets related to military or diplomatic relations or relations with North Korea will significantly influence national security, within five days after receipt of a request to submit materials or articles. <Amended on Jan. 5, 2021> |
| (11) | Notwithstanding the proviso of paragraph (10), the heads of institutions, etc. in receipt of a request to submit materials or articles shall take measures to ensure that the Commission can inspect relevant materials or articles only: Provided, That the Commission shall not disclose the materials or articles after such inspection. <Amended on Jan. 5, 2021> |
| (12) | The head of an institution, etc. in receipt of an order from the Commission to submit the materials regarding on-site investigations or truth investigations, which are in the custody of a foreign country, shall negotiate in earnest with the government of the foreign country and shall notify the Commission of the results of the negotiation. <Newly Inserted on Jan. 5, 2021> |
| (13) | With regard to materials in the custody of a foreign public institution, the Commission may request through a related institution that the government of the foreign country disclose the materials. <Newly Inserted on Jan. 5, 2021> |
| Article 27-2 (Search and Excavation of Remains) |
| (1) | The Commission may launch a search and excavation operation on the relevant land, public waters, etc. (hereinafter referred to as "land, etc.") for truth investigation under subparagraph 7 of Article 3, where any substantial grounds exist to acknowledge that the remains of the victims are buried. |
| (2) | The Commission may enter or temporarily use another person's land, etc. within the extent necessary for the search and excavation operation under paragraph (1) and may, if inevitable, remove or alter obstacles, such as crops and trees. |
| (4) | Where substantial grounds exist to acknowledge that the remains of a victim are buried in any unclaimed grave pursuant to Article 28 of the Act on Funeral Services, the Commission may search for and excavate such remains to rebury them, notwithstanding the same Article. |
| (5) | Where substantial grounds exist to acknowledge that the remains excavated pursuant to paragraphs (1) and (4) belong to persons who died in relation to the May 18 Democratization Movement, the Commission shall collect genetic samples and take other measures to identify the remains. |
| (6) | For the remains of a victim among the remains identified pursuant to paragraph (5), measures shall be taken according to the following classifications: |
| 2. | For the remains of a victim whose bereaved families or identity has yet to be confirmed: They shall be kept in a remains repository designated by the Commission until the victim's bereaved families are confirmed: Provided, That the remains may be kept or buried in a national cemetery after the Commission's activities are completed. |
| (7) | Where deemed that the excavated remains do not belong to the victims but an investigation is required, the Commission shall accordingly notify to the chief of a police station which has jurisdiction over an area from which such remains are excavated. |
| (8) | The standards and procedures for acknowledging that the remains belong to the victims and the standards, methods, procedures, etc. for identifying the remains under paragraphs (1) through (5) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 5, 2021]
| Article 27-3 (Genetic Test) |
Where necessary to identify the remains secretly buried and the family members of missing persons in relation to the May 18 Democratization Movement, the Commission may conduct a genetic test on the excavated remains and the family members in accordance with the Bioethics and Safety Act. [This Article Newly Inserted on Jan. 5, 2021]
| Article 28 (Order of Accompanying) |
| (1) | Where a person deemed to have evidentiary materials or information about investigations by the Commission, among those requested to appear before the Commission under Article 27 (1) 2, fails to comply with such request on at least two occasions without good cause, the Commission may issue a warrant of accompanying to the person by its resolution. |
| (2) | A warrant of accompanying issued under paragraph (1) shall state the name and address of the relevant person; the grounds for issuing the order of accompanying; the place of accompanying; the date the warrant is issued; the period of validity of the warrant; a statement that the warrant shall not be executable and shall be returned upon expiration of the period of validity; and a statement that any person in receipt of such warrant shall be subject to an administrative fine if he or she refuses to comply, and shall be signed and sealed by the Chairperson of the Commission. Where the name of the relevant person is unclear, he or she may be indicated by his or her facial features, physical features, and by other matters that may help identify such person; and where his or her address is unknown, the address need not be stated. |
| (3) | A warrant of accompanying shall be executed by presenting it to the relevant person. |
| (4) | A warrant of accompanying shall be executed by a staff member of the Commission. |
| (5) | A warrant of accompanying issued to the relevant person confined in a correctional institution or detention house (including a military correctional institution or detention barrack) shall be executed by a correctional officer, upon delegation by a staff member of the Commission. |
| (6) | Where the relevant person who is a soldier in active duty is in the barracks, the commanding officer of the military unit to which the person belongs shall be obligated to cooperate with a staff member of the Commission in executing a warrant of accompanying. |
| Article 29 (Verification) |
| (1) | Where necessary to conduct investigations under this Act, the Commission may verify materials or articles by its resolution. |
| (2) | Where the Commission verifies materials or articles pursuant to paragraph (1), the Chairperson shall issue a notice of verification to persons who manage the materials or articles subject to verification (referring to the heads of institutions, facilities, organizations, etc., if the persons are institutions, etc.). In such cases, the notice of verification shall be served three days prior to the date of verification. |
| (3) | A notice of verification issued under paragraph (2) shall state Commission members who conduct verification, the purposes, objects, methods, date, time and place of such verification, and other matters necessary for verification. |
| (4) | Article 4 (1) of the Act on Testimony and Appraisal before the National Assembly shall apply mutatis mutandis to verification of State agencies. |
| (5) | Provisions of the Civil Procedure Act concerning the service of documents shall apply mutatis mutandis to the service of a notice of verification referred to in paragraph (2). |
| Article 30 (Request for Search and Seizure Warrants) |
Where any individual or institution, etc. that possesses materials or articles necessary to ascertain the truth refuses to submit them and is deemed reasonably suspected of destroying, concealing, forging, or altering such materials or articles, the Commission may ask the chief prosecutor of the competent district prosecutors’ office to request a search and seizure warrant. <Amended on Jan. 5, 2021>
| Article 31 (Decision of Ascertained Truth) |
Where the Commission ascertains the truth and completes its investigation, it shall decide on the results of the investigation to ascertain the truth, by its resolution.
| Article 32 (Decision of Unascertainable Truth) |
Where it is impracticable or impossible to ascertain the truth upon an investigation to ascertain the truth, the Commission shall decide that the truth is unascertainable, stating the reasons for failing to ascertain the truth.
| Article 33 (Giving Notice of Decisions and Filing Objections) |
| (1) | Where the Commission makes a decision of rejection under Article 25; decision to commence an investigation under Article 26; decision of ascertained truth under Article 31; decision of unascertainable truth under Article 32; accusation or request for investigation under Article 44, it shall notify such decision to the relevant applicant for truth investigation referred to in Article 23 without delay, specifying the grounds therefor. |
| (2) | Where an applicant for truth investigation dies or his or her whereabouts are unknown, the Commission shall give notice of any of its decisions to his or her spouse or lineal ascendants or descendants. |
| (3) | In giving notice under paragraphs (1) and (2), the Commission shall inform the person notified of the filing of an objection, procedures and period for filing an objection, and other necessary matters. |
| (4) | Where a person in receipt of notice under paragraphs (1) and (2) is dissatisfied with the contents of notice, he or she may file an objection with the Commission in writing within 30 days after the receipt thereof. |
| (5) | The Commission shall make a decision on any objection filed, within 60 days after the receipt thereof; and shall notify the person who has filed the objection, of its decision in writing without delay. |
| (6) | Matters regarding the procedures for filing an objection under paragraph (4) shall be prescribed by Presidential Decree. |
| (7) | The Commission shall disclose the contents of its decision made under paragraph (1): Provided, That the Commission may choose not to disclose the contents thereof, to promote national security, national reconciliation, and development of democracy. |
| Article 34 (Reporting and Granting Opportunity to State Opinions) |
| (1) | The Commission shall prepare an investigation report on its activities and submit it to the President and the National Assembly twice each year. |
| (2) | Where the Committee completes its activities, it shall prepare and submit a comprehensive report on all of its activities to the President and the National Assembly within six months. |
| (3) | In investigating acts of a person subject to investigation, the Commission shall grant an opportunity to state opinions to the person subject to investigation referred to in Article 27, his or her spouse and lineal descendants, or to any interested person. In such cases, a person who is to state his or her opinions may make a request to inspect the evidentiary materials presented, the basis of the investigation report, and may hire a counsel. |
| (4) | A comprehensive report referred to in paragraph (2) shall include recommendations for any of the following matters: |
| 1. | Measures that the State must take to repair damage to and restore honor of sufferers or victims in cases subject to truth investigation; |
| 2. | Measures that the State must take regarding cases subject to truth investigation for which the truth has not been ascertained by investigations, as well as those measures regarding sufferers or victims in such cases; |
| 3. | Measures that the State must take to prevent recurrence of cases subject to truth investigation; |
| 4. | Matters concerning rectifying, amending, and abolishing relevant statutes and regulations, systems, policies, and practices; |
| 5. | Matters concerning legal and political reconciliation measures for perpetrators in cases subject to truth investigation; |
| 6. | Measures that the State must take to promote national reconciliation and development of democracy; |
| 7. | Measures that the State must take regarding education and publicity to raise historical awareness; |
| 8. | Any other matters the Commission deems necessary to accomplish the purpose of this Act. |
| (5) | State agencies having jurisdiction over the recommendations referred to in paragraph (4) shall endeavor to respect and implement such recommendations. |
| (6) | The Commission shall disclose its reports: Provided, That if it is deemed inevitable in promoting national security, national reconciliation, and development of democracy, the Commission, by its resolution, may choose not to disclose some contents of the reports. |
| (7) | The Commission shall not publish the details of an ongoing investigation of a case. |
| Article 35 (Obligations of State Agencies and Others to Cooperate) |
| (1) | In order for the Commission to perform its duties, State agencies, etc. shall be obliged to fully cooperate and to provide convenience necessary for ascertaining the truth. |
| (2) | Upon receipt of a request by the Commission, the State agencies, etc. related to truth investigation, such as the Ministry of Foreign Affairs, the Ministry of Justice, the Ministry of National Defense, the Ministry of the Interior and Safety and the National Intelligence Service may establish an internal commission to investigate the truth or any other special organization. <Amended on Jan. 5, 2021> |
| Article 36 (Delegation and Entrustment of Duties) |
| (1) | Where deemed necessary, the Commission may delegate or entrust part of its duties to State agencies, etc., experts, or private organizations, or it may perform the duties jointly with State agencies, etc., experts, or private organizations. |
| (2) | Matters necessary to delegate, entrust, and jointly perform the duties under paragraph (1) shall be determined by rules of the Commission. |
| Article 37 (Protection of Persons Subject to Investigation) |
| (1) | No person shall disclose, through any newspaper, magazine, broadcasting (including Internet newspapers and broadcasting; hereinafter the same shall apply), or any other publications, that a person who held a particular position in the military, judicial branch, or any administrative agency, organization, group, etc., which is related to the scope of truth investigation under Article 3, committed any harmful act specified in Article 3 just because he or she held such particular position: Provided, That this shall not apply where such disclosure is true and for the public interests only. |
| (2) | No person shall disclose details of the investigation by the Commission regarding a person subject to investigation and his or her harmful act through any newspaper, magazine, broadcasting (including Internet newspapers and broadcasting), or any other publications, prior to reporting under Article 34 (1) or (2). |
| (3) | The Commission shall seek measures to protect privacy, honor, etc. of persons subject to investigation in the course of conducting investigations. |
| Article 38 (Holding Hearings) |
| (1) | Where deemed necessary to perform its duties, the Commission may hold a hearing, by its resolution, to hear testimonies, appraisals, or statements from witnesses, appraisers, or reference witnesses and to take evidence. |
| (2) | No hearing shall be held with the intention of infringing upon the privacy of an individual or intervening in ongoing court proceedings or the prosecution of a case under investigation. |
| (3) | Hearings shall be open to the public: Provided, That all or part of a hearing may be closed to the public by a resolution of the Commission. |
| (4) | Procedures and methods for holding hearings by the Commission pursuant to paragraph (1) shall be determined by rules of the Commission. |
| Article 39 (Requesting Attendance of Witnesses) |
| (1) | Where the Commission requests for the submission of materials or articles or the attendance of a witness, appraiser, or reference witness regarding a hearing, the Chairperson shall issue a written request to the relevant person or the head of the relevant institution. |
| (2) | Where the Commission requests for the submission of materials pursuant to paragraph (1), the Chairperson may require the materials to be submitted in writing, electronically, or as recorded on magnetic tapes or magnetic disks of computers or other similar media, or as inputted in the computer networks. |
| (3) | A written request issued pursuant to paragraph (1) shall state the date, time, and place on and at which materials or articles shall be submitted or a witness, appraiser, or reference witness shall attend; legal sanctions to be imposed for failure to comply with the request of the Commission; as well as substantial issues to be examined, in cases of the witness or expert witness. |
| (4) | A written request issued pursuant to paragraph (1) shall be served seven days prior to the date materials or articles shall be submitted or a witness, appraiser, or reference witness shall attend. |
| (5) | Provisions of the Civil Procedure Act concerning the service of documents shall apply mutatis mutandis to the service of a written request referred to in paragraph (1). |
| (6) | A witness or reference witness requested to attend may submit, in advance, a written answer to the substantial issues to be examined. |
| Article 40 (Obligations of Witnesses and Others to Attend) |
| (1) | Any person requested to submit materials or articles or to attend as a witness, appraiser, or reference witness pursuant to Article 39 (1) shall comply with such request, notwithstanding the provisions of other statutes, except as otherwise expressly provided for in this Act. |
| (2) | Articles 3 and 4 (1) of the Act on Testimony and Appraisal before the National Assembly shall apply mutatis mutandis to persons requested to submit materials or articles or to attend as a witness, appraiser, or reference witness pursuant to Article 39 (1). |
| Article 41 (Oaths by Witnesses and Others) |
| (1) | Where the Chairperson requires a witness or appraiser to testify or conduct an appraisal at a hearing, he or she shall have the witness or appraiser take an oath. |
| (2) | Where a person who attends a hearing as a reference witness consents to take an oath as a witness, such person may be examined as a witness. |
| (3) | The Chairperson shall specifically explain the meaning of an oath and inform the relevant person of the punishment for false testimony or appraisal, before the person takes an oath. |
| Article 42 (Protection of Witnesses and Others) |
| (1) | A witness who attends a hearing may be accompanied by counsel, who is an attorney-at-law, to seek advice on his or her legal rights. In such cases, the counsel shall submit a document certifying his or her qualification as an attorney-at-law. |
| (2) | Where a witness or reference witness expresses his or her intention to decline broadcasting or news photographs or requests a hearing to be closed to the public for any special reason, the Commission, by its resolution, may prohibit the recording, video-recording, broadcasting, or photographing thereof, or may have the hearing fully or partially closed to the public. |
| (3) | No witness, appraiser, or reference witness shall be subjected to any unfavorable disposition, other than the punishment prescribed by this Act, on grounds of his or her testimony, appraisal, or statement at a hearing. |
| Article 43 (Verification) |
| (1) | Where necessary for hearings, the Commission, by its resolution, may verify materials or articles deemed related to ascertaining the truth of the May 18 Democratization Movement. |
| (2) | Article 29 shall apply mutatis mutandis to the methods and procedures for conducting verifications under paragraph (1). |
CHAPTER IV MEASURES TO BE TAKEN BY THE STATE AND COMMISSION REGARDING INVESTIGATION RESULTS
SECTION 1 Accusations and Others
| Article 44 (Filing Accusations and Requesting Investigations) |
| (1) | Where matters investigated by the Commission are ascertained as facts and a crime is suspected, the Commission shall file an accusation with the Prosecutor General: Provided, That where the accused is a soldier or a member of civilian personnel in the military service, the Commission shall file an accusation with the Chief of Staff of the armed forces to which the accused belongs or the Minister of National Defense. |
| (2) | Where the Commission deems that there is a high probability of a criminal act in the course of conducting investigations, it may request an investigative agency to conduct investigations. |
| (3) | The Prosecutor General shall appoint a prosecutor to take charge of investigating a case of which the Commission has filed an accusation, instituting a public prosecution, and proceeding with the prosecution; and shall take necessary measures to ensure that the prosecutor conducts investigations fairly and impartially. |
| (4) | The Commission may request the Minister of Justice to prohibit or suspend a person, who is subject to an accusation or request for investigation, from leaving the Republic of Korea. |
| Article 45 (Requesting Inspection by Board of Audit and Inspection of Korea) |
| (1) | Where a public official is deemed to deserve to receive disciplinary action prescribed in the State Public Officials Act and other statutes or regulations upon investigation, the Commission may require the Board of Audit and Inspection of Korea to inspect such public official, by its resolution. In such cases, the Board of Audit and Inspection of Korea shall notify the Commission of the findings of the inspection within three months from the receipt of such request for inspection. |
| (2) | Where the Board of Audit and Inspection of Korea fails to complete its inspection within the period specified in paragraph (1) under justifiable circumstances, it may make an interim report to the Commission and request for an extension of the inspection period. In such cases, the Chairperson of the Commission may agree to extend the inspection period by up to two months. |
| Article 46 (Repairing Damage and Restoring Honor) |
The Government shall take appropriate measures to repair damage to and restore honor of victims, sufferers, and their bereaved families according to the ascertained truth.
| Article 47 (Recommending Special Amnesty and Reinstatement of Rights for Victims) |
The Commission may recommend the President to grant a special amnesty or reinstatement of rights to persons who have been found guilty due to the covered-up or distorted truth and to persons whose rights have been forfeited or suspended as prescribed by the statutes or regulations; and relevant State agencies shall respect the decisions and recommendations made by the Commission.
| Article 48 (Amnesty for Perpetrators) |
| (1) | Where a perpetrator personally acknowledges his or her offense in the course of investigation and actively cooperates in ascertaining the truth, and the matters he or she has acknowledged are facts, the Commission may recommend the relevant agencies not to punish him or her or to grant him or her a commutation during the investigation and trial proceedings; and where the perpetrator is found guilty according to criminal procedures, the Commission may recommend the President to grant him or her a special amnesty and reinstatement of rights, as prescribed by statutes and regulations. |
| (2) | Relevant State agencies shall respect the decisions and recommendations made by the Commission. |
SECTION 2 Protection of Applicants and Others
| Article 49 (Protection of Applicants) |
| (1) | Articles 7 and 9 through 12 of the Act on Protection of Specific Crime Informants shall apply mutatis mutandis to investigation and criminal procedures, if substantial grounds exist to acknowledge that any person who has filed an application for truth investigation under this Act, witness, appraiser, or reference witness (hereinafter referred to as "applicant, etc.") is harmed or likely to be harmed due to the application or the statement he or she has made in the course of investigation (hereinafter referred to as "application, etc."). |
| (2) | Any applicant, etc. or his or her legal agent may request an inspection agency or investigative agency to take measures under paragraph (1). In such cases, the inspection agency or investigative agency shall comply with such request, except under justifiable circumstances. |
| Article 50 (Protection of Secrets of Applicants) |
| (1) | No person shall inform another person of the personal information about an applicant, etc. or any fact from which one can readily infer that he or she is an applicant, etc., or discloses or reports the same, knowing that he or she is an applicant, etc.: Provided, That this shall not apply where the applicant, etc. consents to such act. |
| (2) | Where personal information about an applicant, etc. or any fact from which one can readily infer an applicant, etc. is disclosed or reported, in violation of paragraph (1), the Commission may ascertain the circumstances that have led to such disclosure or reporting. |
| (3) | The Commission may require the relevant person authorized to take disciplinary actions, to take necessary measures, such as disciplinary action, against a person who has informed another person of the personal information of an applicant, etc. or any fact from which one can readily infer an applicant, etc., or has disclosed or reported the same, in violation of paragraph (1). |
| Article 51 (Personal Protection Measures) |
| (1) | Where it is evident that an applicant, etc. or his or her relative or cohabitant has suffered or is likely to suffer serious harm to his or her life or body due to an application, etc., he or she may request the Commission to take necessary measures for his or her personal protection (hereinafter referred to as "personal protection measures"). In such cases, the Commission may request the chief of a police station to take measures for his or her personal protection, where deemed necessary. |
| (2) | The chief of a police station requested to take personal protection measures under paragraph (1) shall immediately comply, as prescribed by Presidential Decree. |
| Article 52 (Reduction of and Exemption from Responsibility) |
| (1) | Where any criminal act of an applicant, etc. is found regarding an application, etc., the applicant, etc. may be granted a reduction of or exemption from the relevant punishment. |
| (2) | Where an applicant, etc. is subjected to disciplinary action or unfavorable administrative measures for committing an offense, etc. discovered in relation to an application, etc., the Commission may require a person authorized to take disciplinary actions against the applicant, etc. or a person authorized to take administrative measures against the applicant, etc., to reduce such disciplinary action or administrative measures or exempt the applicant, etc. from such disciplinary action or administrative measures. In such cases, the relevant person in receipt of such request shall comply therewith unless good cause exists. |
| (3) | Even when any classified information regarding his or her duties is included in the contents of an application, etc., the relevant applicant, etc. shall not be deemed to have violated his or her official duty to maintain confidentiality specified in other statutes or regulations, a collective agreement, the rules of employment, etc. |
| (4) | Where provisions of a collective agreement, employment contract, supply contract, etc. prohibit or restrict an application, etc., such provisions shall be invalidated. |
| (5) | Where deemed necessary to request a reduction of or exemption from disciplinary action or administrative measures under paragraph (2), the Commission may request a person authorized to take disciplinary actions, a person authorized to take administrative measures, or an agency with which the relevant applicant, etc. has filed an application, etc. to submit relevant data or state his or her or its opinion. In such cases, the relevant agency in receipt of a request to submit data or state its opinion shall comply therewith, except under justifiable circumstances. |
| Article 53 (Prohibition of Disadvantageous Measures) |
| (2) | No person shall interfere with the filing of an application, etc., or compel an applicant, etc. to cancel an application, etc. |
| Article 54 (Request for Protective Measures) |
| (1) | Where an applicant, etc. is subjected to disadvantageous measures for filing an application, etc. (including where he or she files an application, etc. after he or she is subjected to disadvantageous measures while preparing an application under this Act, such as collecting evidentiary materials relating to ascertaining the truth), he or she may request the Commission to take measures for reinstatement or other necessary measures (hereinafter referred to as "protective measures"). |
| (2) | An applicant, etc. shall request protective measures within three months from the date disadvantageous measures are taken (referring to the date of termination of the disadvantageous measures if the disadvantageous measures continue): Provided, That where an applicant, etc. is unable to request protective measures within three months due to a natural disaster, war, disturbance, or any other force majeure event, he or she may request for the same within 14 days (referring to 30 days if he or she requests protective measures from abroad) from the date the relevant ground ceases to exist. |
| (3) | Where an applicant, etc. has requested protective measures pursuant to paragraph (1), he or she shall not request for administrative relief from disadvantageous measures he or she has received for filing an application, etc. under other statutes or regulations. |
| (4) | Matters regarding the methods and procedures for requesting protective measures shall be prescribed by Presidential Decree. |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 55 (Requesting National Assembly to Adopt Resolution for Appointing Independent Prosecutor) |
| (1) | Where investigations by an independent prosecutor are deemed necessary for ascertaining the truth, the Commission may request the National Assembly to adopt a resolution to ensure that the relevant case can be subject to investigations by an independent prosecutor under Article 2 (1) 1 of the Act on the Appointment of Independent Prosecutor. |
| (2) | Even when the period of investigations conducted by an independent prosecutor upon request under paragraph (1) expires, the Commission may make an additional request, only once, for the National Assembly to adopt a resolution under paragraph (1), if deemed necessary. |
| Article 56 (Cooperation between Commission and Independent Prosecutor) |
| (1) | The Commission may submit materials or present its opinion to an independent prosecutor in the course of investigations, if deemed necessary for the investigations by the independent prosecutor. |
| (2) | Upon receipt of a request by the Commission, an independent prosecutor may require assistant prosecutors to cooperate with the Commission in performing its duties in such a manner as presenting their opinions. |
| Article 57 (Measures for Records Related to May 18 Democratization Movement) |
| (1) | The Government shall disclose the records of the May 18 Democratization Movement possessed by the Government and the military.<Amended on Jan. 5, 2021> |
| (2) | Upon the completion of the Commission's activities, records collected by the Commission for investigations to ascertain the truth may be transferred to any State agency, etc. or organization performing the duties in relation to the May 18 Democratization Movement, with the consent of the National Assembly. <Newly Inserted on Jan. 5, 2021> |
| (3) | The Government shall take diplomatic measures necessary to bring into Korea, the records of the May 18 Democratization Movement possessed or kept by other countries; and shall take measures to collect the records of the May 18 Democratization Movement overseas and keep them at a record repository for the May 18 Democratization Movement. <Amended on Jan. 5, 2021> |
| (4) | The Commission may establish and operate an archives management team within the Secretariat in order to collect and keep materials related to investigating the truth of the May 18 Democratization Movement. <Newly Inserted on Jan. 5, 2021> |
| (5) | Matters necessary for the establishment and operation of an archives management team under paragraph (4) shall be determined by rules of the Commission. <Newly Inserted on Jan. 5, 2021> |
| Article 58 (Duty to Maintain Confidentiality) |
None of the current or former Commission members, current or former staff members of the Commission, current or former appraisers, experts or private organizations that participate in investigations or perform the duties of the Commission commissioned by the Commission, or relevant persons shall disclose confidential information obtained in the course of performing the duties of the Commission or use such confidential information for any purpose other than to perform the duties of the Commission.
| Article 59 (Prohibition of False Personation) |
No person shall exercise the authority of the Commission by falsely pretending to be a member or staff member of the Commission, by falsely pretending to have been delegated or entrusted with the duties of the Commission, or by falsely pretending to jointly perform the duties of the Commission.
| Article 60 (Prohibition on Use of Similar Name) |
No person, other than the Commission established under this Act, shall use the name "Commission to Investigate the Truth of the May 18 Democratization Movement" or any other similar name.
| Article 61 (Protection of Activities of Commission) |
| (1) | No person shall interfere with the performance of the duties of a member or staff member (including a specialist member, advisor member, assistant personnel, etc. under Article 18-2 (3)) or appraiser by violence, intimidation, or fraud. <Amended on Jan. 5, 2021>" |
| (2) | No person shall suffer any unfavorable treatment, such as dismissal, suspension from office, reduction of salary, or transfer to another position, on the grounds that he or she has provided or intends to provide information regarding investigations. |
| (3) | The Commission shall formulate measures for protecting witnesses, appraisers, and reference witnesses, as well as for securing relevant materials or articles and preventing the destruction thereof. |
| (4) | The Commission may provide support to persons, who present testimony or statements or submit materials or articles important for investigations, by paying a reward or suggesting an amnesty. |
| (5) | The details of support and procedures for providing support under paragraph (4), as well as other necessary matters shall be determined by rules of the Commission. |
| Article 62 (Transportation Expenses and Travel Expenses) |
Persons who attend a Commission meeting or visit any other place to submit materials or articles or to present testimony, appraisal, statement, etc. under this Act, shall be reimbursed for transportation expenses and travel expenses and paid daily allowances, lodging, etc. as determined by rules of the Commission.
| Article 62-2 (Compensation for Losses) |
| (1) | The Commission shall compensate for any of the following losses sustained by other persons: |
| 1. | Losses caused by access to or excavation or other temporary use of other persons' land, etc. or to crops, fruit trees, etc. cultivated on such land, etc. following the search and excavation of remains under Article 27-2: Provided, That this shall not apply where the excavated land is restored to the original state; |
| 2. | Other losses sustained by other persons, following the search, excavation, or reburial of the remains or other work under this Act. |
| (2) | The Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis to the standards for compensating for losses under paragraph (1). |
| (3) | The procedures, etc. for compensating for losses under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 5, 2021]
| Article 63 (Exemption from Liability for Disclosure) |
No member or staff member of the Commission shall have any civil or criminal liability for matters disclosed by the Commission under this Act, unless he or she is found to have acted either intentionally or negligently.
| Article 64 (Provisions Applicable Mutatis Mutandis) |
| Article 65 (Period of Existence of Secretariat) |
The secretariat shall continue to exist for three months after the Commission completes its activities, to conduct the remaining affairs of the Commission.
| Article 66 (Persons Deemed Public Officials for Purposes of Penalty Provisions) |
CHAPTER VI?PENALTY PROVISIONS
| Article 67 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended on Jan. 5, 2021> |
| 1. | A person who uses information or materials for purposes other than those prescribed by this Act or provides or divulges such information or materials to other persons or institutions, in violation of Article 27 (9); |
| 2. | A person who reveals, to other persons, personal information about an applicant, etc. or any fact from which one can readily infer an applicant, etc., or discloses or reports the same, in violation of Article 50 (1); |
| 3. | A person who interferes with the performance of the duties of a member or staff member of the Commission or an appraiser by violence, intimidation, or fraud, in violation of Article 61 (1). |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: |
| 1. | A person who files a false application for truth investigation under Article 23, with the intention of defaming another person or with knowledge that such act constitutes hindrance to the Commission in performing its duties; |
| 2. | A person who defames another person alive or deceased by disclosure, in violation of Article 37 (1) or (2); |
| 3. | A person who fails to submit materials or articles to a hearing without just cause; |
| 4. | A witness who fails to attend a hearing, take an oath, or present testimony at the hearing without just cause; |
| 5. | An appraiser who fails to take an oath or to conduct an appraisal at a hearing without just cause; |
| 6. | A witness who presents false testimony or an appraiser who conducts a false appraisal at a hearing; |
| 7. | A person who interferes with the attendance by a witness, appraiser, or reference witness at a hearing, or with verification; |
| (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 takes any disadvantageous measures defined in subparagraph 6 (b) through (g) of Article 2 of the Public Interest Whistleblower Protection Act against an applicant, etc., in violation of Article 53 (1); |
| 2. | A person who interferes with an application, etc., or compels an applicant, etc. to cancel an application, etc., in violation of Article 53 (2); |
| 3. | A person who discloses confidential information obtained in the course of performing the duties of the Commission or uses such confidential information for any purpose other than to perform the duties of the Commission, in violation of Article 58; |
| 4. | A person who exercises the authority of the Commission by falsely pretending to be a member or staff member of the Commission, by falsely pretending to have been delegated or entrusted with the duties of the Commission, or by falsely pretending to jointly perform the duties of the Commission, in violation of Article 59. |
| Article 68 (Joint Penalty Provisions) |
If the representative of a corporation, or an agent or employee of or any other person employed by a corporation or an individual commits any offense specified in Article 67 regarding the affairs of the corporation or individual, not only shall such offender be punished accordingly, but the corporation or individual shall also be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in taking due care and exercising supervision concerning the relevant affairs to prevent such offense.
| Article 69 (Mitigation of Punishment) |
| (1) | Where a person confesses his or her guilt before his or her offense is detected, the person may be granted a reduction of or exemption from the relevant punishment. |
| (2) | The confession referred to in paragraph (1) shall be made before the Commission makes a final decision on the relevant case subject to truth investigation. |
| Article 70 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 30 million won: |
| 1. | A person who fails to comply with a request to submit materials or articles referred to in Article 27 (1) 3 without just cause, or submits false materials or articles; |
| 2. | A person who fails to comply with a request to submit materials or articles referred to in Article 27 (3) without just cause, or submits false materials or articles. |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: |
| 1. | A person who makes a false reply to the fact-checking inquiries referred to in Article 27 (1) 4; |
| 2. | A person who rejects or interferes with the on-site investigations referred to in Article 27 (1) 6 without just cause; |
| 3. | A person who fails to comply with the order of accompanying referred to in Article 28 without just cause; |
| 4. | A person who takes disadvantageous measures, in violation of Article 53 or 61 (2); |
| 5. | A person who uses the name "Commission to Investigate the Truth of the May 18 Democratization Movement" or any other similar name, in violation of Article 60. |
| (3) | Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the Chairperson of the Commission, as prescribed by Presidential Decree. |
ADDENDA <Act No. 15434, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Preparation for Enforcement of This Act)
Preparations for establishing the Commission, such as appointing members or staff members of the Commission and establishing rules of the Commission concerning the enforcement of this Act, may be made before this Act enters into force.
Article 3 (Applicability to Commencement of Terms of Office of Commission Members)
The term of office of each member of the Commission appointed before this Act enters into force shall be deemed to commence on the date this Act enters into force.
ADDENDUM <Act No. 16577, Nov. 12, 2019>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 16759, Dec. 10, 2019>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 17886, Jan. 5, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation: Provided, That the amended provisions of Article 23 (2) shall enter into force on the date of its promulgation. Article 2 (Applicability)
The amended provisions of Article 9 shall also apply to the Commission in operation as at the time this Act enters into force.