Law Viewer

Back Home

SPECIAL ACT ON DISCOVERING THE TRUTH ON THE JEJU APRIL 3 INCIDENT AND THE RESTORATION OF HONOR OF VICTIMS

Wholly Amended by Act No. 17963, Mar. 23, 2021

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to promoting human rights, developing democracy and national unity by ascertaining the truth about the Jeju 4·3 Incident and restoring honor of the victims of this Incident and their survivors.
 Article 2 (Definitions)
The terms used in this Act are defined as follows:
1. The term "Jeju 4·3 Incident" means an incident in which the lives of inhabitants were sacrificed in the riot that arose on April 3, 1948 starting from March 1, 1947 and in the process of armed conflicts and suppression thereof that took place in Jeju-Do and the suppression thereof until September 21, 1954;
2. The term "victim" means a person who died or went missing, suffers from the aftereffects, became disabled, or was convicted of a crime due to the Jeju 4·3 Incident, and has been determined as a victim of the Jeju 4·3 Incident in accordance with Article 3 (2) 2;
3. The term "survivor" means a spouse (including a de facto spouse; hereinafter the same shall apply) and lineal ascendents and descendents of a victim: Provided, That where a victim has no spouse and lineal ascendents and descendents, the survivor means his or her brothers and sisters, and where he or she has no brothers and sisters, the survivor means a person determined as a survivor in accordance with Article 5 (2) 2 among the de facto survivor who hold a memorial service for the victim or care of his or her grave as collateral relatives within the fourth degree of consanguinity.
 Article 3 (Rights of Victims and Their Survivors)
(1) Victims and their survivors shall have the right to submit their opinions on ascertaining the truth, restoring their honor, and implementing memorial programs for the resolution of the Jeju 4?3 Incident, and the State shall respect them.
(2) In the course of solving the Jeju 4?3 Incident, the State shall respect the opinions of the residents of Jeju Special Self-Governing Province.
 Article 4 (Responsibilities of the State)
The State shall take measures necessary for restoring honor of victims and their survivors and take appropriate measures for reconciliation of the offenders who have fully cooperated for ascertaining truth, and shall endeavor for national reconciliation.
CHAPTER II COMMITTEE ON DISCOVERING THE TRUTH OF THE JEJU 4·3 INCIDENT AND THE RESTORATION OF HONOR OF THE VICTIMS
 Article 5 (Committee on Discovering the Truth of the Jeju 4·3 Incident and the Restoration of Honor of the Victims)
(1) The Committee on Discovering the Truth of the Jeju 4·3 Incident and the Restoration of Honor of the Victims (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Prime Minister to ascertain the truth about the Jeju 4·3 Incident; examine and determine victims and their survivors; and deliberate and resolve upon matters concerning restoring their honor under this Act.
(2) The Committee shall deliberate on and determine upon the following matters:
1. Matters concerning collecting and analyzing related data domestically and overseas for the fact-finding investigations on the Jeju 4·3 Incident;
2. Matters regarding examining and determining victims and their survivors;
3. Matters regarding restoring honor of victims and their survivors;
4. Matters regarding preparing a fact-finding investigation report and creating historical records archives;
5. Matters regarding creating a memorial cemetery and establishing a memorial tower;
6. Recommendations for stating the position, etc. of the Government on the Jeju 4·3 Incident;
7. Matters regarding preparing a family relations register referred to in Article 11;
8. Matters regarding investigating a place where a massacre was committed and a secret burial site and exhuming and collecting remains, etc.;
9. Matters regarding determining the payment of medical allowances and living allowances for victims;
10. Matters regarding recommendations on requests for ex officio retrials under Article 15;
11. Matters regarding requests for declaration of disappearance under Article 20;
12. Matters regarding additional fact-finding investigations;
13. Other matters prescribed by Presidential Decree for discovering truth and restoring honor.
(3) The Committee shall be comprised of up to 25 members, including one chairperson.
(4) The Prime Minister shall be the chairperson, and members of the Committee shall be appointed or commissioned by the Prime Minister from among persons recommended by the Minister of Economy and Finance, the Minister of Justice, the Minister of National Defense, the Minister of the Interior and Safety, the Minister of Health and Welfare, the Minister of Government Legislation, and the Jeju Special Self-Governing Province Governor; four persons recommended by the National Assembly (two persons recommended by the negotiating body of the political party to which the President currently belongs or formerly belonged and, two persons recommended the other negotiating bodies), and those who have extensive knowledge and experience including representatives of the survivors. In such cases, a member of the Committee shall hold office for a term of two years and may be appointed consecutively only once.
(5) The Committee shall have subcommittees to conduct additional fact-finding investigations, among the affairs of the Committee. In such cases, the members of subcommittees shall include four members recommended by the National Assembly pursuant to paragraph (4), and the chairperson of each subcommittee shall be determined by the chairperson of the Committee from among the members recommended by the National Assembly.
(6) The Commission may have an advisory organization to seek advice on matters necessary to perform its duties.
(7) The members of the advisory organization under paragraph (6) shall be commissioned by the chairperson of the Committee from among the representatives of survivors and persons who have extensive knowledge and experience.
(8) Matters necessary for organizing and operating the Committee shall be prescribed by Presidential Decree.
 Article 6 (Working Committee on Discovering the Truth of the Jeju 4·3 Incident and the Restoration of Honor of the Victims)
(1) The Working Committee on Discovering the Truth of the Jeju 4·3 Incident and the Restoration of Honor of the Victims (hereinafter referred to as the "Working Committee") shall be established under the jurisdiction of the Governor of Jeju Special Self-Governing to implement matters determined upon by the Committee and conduct matters entrusted by the Committee.
(2) The Working Committee shall conduct the following matters:
1. Matters regarding receiving reports on damage of victims and their survivors;
2. Matters regarding investigating reports on damage;
3. Matters regarding providing medical allowances and living allowances;
4. Other matters delegated by the Committee.
(3) The Working Committee shall be comprised of up to 15 members, including one chairperson.
(4) The Jeju Special Self-Governing Province Governor shall be the chairperson, and members of the Committee shall be appointed or commissioned by the chairperson from among persons who have profound knowledge and experience, including relevant public officials and representatives of the survivors.
(5) Matters necessary for organizing and operating the Working Committee shall be prescribed by ordinance of the relevant local government.
 Article 7 (Prohibition of Divulgence of Confidential Information)
(1) No person shall obstruct the performance of duties by a member or employee of the Committee or the Working Committee, a member of an advisory organization, or an appraiser, who perform their duties under this Act, by violence, intimidation, or force.
(2) No current or former member of the Committee or the Working Committee shall divulge confidential information which he or she has become aware of in the course of performing duty.
 Article 8 (Prohibition of Unfavorable Treatment)
(1) Any person may testify to the Jeju 4·3 Incident without any restraint.
(2) No victim and his or her survivor shall be accorded any disadvantage or unfair treatment for being a victim or survivor of the Jeju 4·3 Incident.
CHAPTER III Reporting on Damage
 Article 9 (Reporting on Damage and Establishment of Reporting Centers)
(1) The Committee shall establish reporting centers in Korea and overseas diplomatic missions of the Republic of Korea to enable victims and their survivors related to the Jeju 4?3 Incident to report damage and shall publicly announce such fact.
(2) Where the Committee receives a report on damage, it shall faithfully notify matters regarding procedures subsequent to the filing of the report and rights of victims and their survivors, etc.
(3) Matters necessary for reporting damage and establishing reporting centers shall be prescribed by Presidential Decree.
 Article 10 (Duty of Government and Relevant Agencies and Organizations for Cooperation)
(1) Where data necessary for additional fact-finding investigations are retained by any other country, the Government shall faithfully negotiate with the government of such country.
(2) Relevant agencies and organizations shall provide convenience necessary for discovering and inspecting data related to the Jeju 4·3 Incident.
 Article 11 (Report on Fact-Finding Investigation Results)
(1) Where additional fact-finding investigations are completed, the Committee shall prepare and publish a report on the results thereof and report it to the National Assembly.
(2) The Committee shall disclose the report referred to in paragraph (1): Provided, That if it is deemed inevitable in promoting national security, national reconciliation, and development of democracy, the Committee, by its decision, need not disclose some contents of the reports.
(3) Matters necessary for preparing and publishing a report and reporting it to the National Assembly under paragraph (1) and means of disclosure, etc. under paragraph (2) shall be prescribed by Presidential Decree.
CHAPTER IV RESTORATION OF HONOR OF VICTIMS AND THEIR SURVIVORS
 Article 12 (Preparation of Family Relations Registers)
Notwithstanding the provisions of other statutes and regulations, where a person's family relations register has not been prepared as a result of damage from the Jeju 4·3 Incident or where his or her family relations are incorrectly entered in the family relations register, the family relations register may be prepared or records thereof may be corrected in accordance with the procedures prescribed by the Rules of the Supreme Court, according to the determination of the Committee.
 Article 13 (Protection of Rights and Interests of Victims and Survivors)
No person shall deface the reputation of victims, their survivors, and the survivors association, by disseminating false information on the fact-finding investigation results of the Jeju 4?3 Incident and the Jeju 4?3 Incident, with the intention of publicly slandering victims or their survivors.
 Article 14 (Special Retrials)
(1) A victim of the Jeju 4·3 Incident who was found guilty in a final and conclusive judgment due to the Jeju 4·3 Incident and a person deemed equivalent thereto based on a sentenced inmate list or the like may apply for a retrial, notwithstanding Articles 420 and 424 of the Criminal Procedure Act and Articles 469 and 473 of the Military Court Act.
(2) The persons listed in Order No. 20 of the High Military Court of the Jeju Island Martial Law District dated December 29, 1948, Order Nos. 1 through 18 of the High Military Court dated from July 3 to July 9, 1949, and appendix to respective aforesaid Orders shall be deemed persons found guilty in a final and conclusive judgment pursuant to paragraph (1).
(3) Notwithstanding Article 423 of the Criminal Procedure Act and Article 472 of the Military Court Act, a request for retrial shall be subject to the jurisdiction of the Jeju District Court.
(4) The procedures for retrials under paragraph (1) shall be subject to the application of the relevant provisions of the Criminal Procedure Act and the Military Court Act as long as they are not against the nature of the relevant retrial.
 Article 15 (Recommendation of Requests for Ex Officio Retrial)
(1) The Committee may recommend the Minister of Justice a request for ex officio retrials on the convictions of the persons listed in Order No. 20 of the High Military Court of the Jeju Island Martial Law District dated December 29, 1948, Order Nos. 1 through 18 of the High Military Court dated from July 3 to July 9, 1949, and appendix to respective aforesaid Orders referred to in Article 14 (2).
(2) The Minister of Justice may take necessary measures pursuant to the purport of the recommendation referred to in paragraph (1).
 Article 16 (Consolation Money for Victims)
The State shall devise special support for victims, such as consolation money, and formulate necessary standards.
 Article 17 (Reexamination)
(1) A person, who has an objection to the determination of a victim or his or her survivor or the determination on the provision of medical allowances and living allowances under Article 5, may apply to the Committee for reexamination within 30 days from the date he or she is notified of the determination by the Committee.
(2) Matters necessary for an application for reexamination and the determination thereof, etc. under paragraph (1), shall be prescribed by Presidential Decree.
 Article 18 (Transposition System of Administrative Determination before Litigation)
(1) A lawsuit regarding the determination of a victim or his or her survivor or the payment of medical allowances and living allowances under Article 5 may only be instituted after the Committee has made a determination on such determination or payment: Provided, That this shall not apply where the Committee fails to make such determination even after 90 days have passed from the date a report or application is filed.
(2) A lawsuit under paragraph (1) shall be instituted within 60 days from the date he or she is notified of a determination (including a determination on an application for reexamination) of the Committee.
 Article 19 (Medical Allowances and Living Allowances)
(1) The Government may provide persons who require continuous medical treatment or regular use of nursing care or supporting aids among the victims with medical allowances and purchase of nursing care and supporting aids and living allowances.
(2) No entitlement to medical allowances and living allowances shall be transferred, provided as security or attached.
(3) Matters necessary for the scope of provision, computation of the amount and methods of provision of medical allowances and living allowances, shall be prescribed by Presidential Decree.
 Article 20 (Special Cases concerning Request for Declaration of Disappearance)
(1) Notwithstanding Article 27 of the Civil Act, the Committee may request the court to issue a judicial declaration of disappearance with regard to a victim found missing, and if the court’s judicial declaration of disappearance becomes final, the Committee may file a report on the judicial declaration of disappearance under Article 92 of the Act on Registration of Family Relations.
(2) Except as otherwise provided in this Act, the declaration of disappearance shall be made in accordance with the procedures stipulated in relevant statutes and regulations including the Civil Act.
 Article 21 (Special Cases concerning Claims for Recognition of Paternity or Motherhood)
(1) Notwithstanding Article 864 of the Civil Act, where his or her father or mother died due to the Jeju 4?3 Incident, a person may file a lawsuit seeking recognition of paternity or motherhood against the prosecutor within two years from the enforcement date of this Act (referring to June 24, 2021 on which the wholly amended Special Act on Discovering the Truth on the Jeju 4·3 Incident and the Restoration of Honor of Victims, Act No. 17963, came into force).
(2) Where a report on the declaration of disappearance is filed pursuant to Article 20, a lawsuit seeking recognition of paternity or motherhood may be filed against a prosecutor within two years from the date of such report.
CHAPTER V SUPPORT FOR COMMMUNITY RECOVERY
 Article 22 (Duty to Support Community Recovery)
The State and local governments shall endeavor to cure physical and psychological damage of victims and their survivors and to recover community.
 Article 23 (Programs for Treatment of Jeju 4?3 Trauma)
(1) The State or a local government may implement Jeju 4?3 trauma healing programs to provide victims and their survivors with medical examination, counseling, and treatment of psychological symptoms, mental disorders, and the like aggravated by the Jeju 4?3 Incident.
(2) Matters necessary for the Jeju 4.3 trauma healing programs referred to in paragraph (1) shall be prescribed by Presidential Decree.
 Article 24 (Commemorative Programs)
The State and local governments may support expenses necessary to implement the following programs within the budget so as to console the souls of victims and utilize such programs as a venue for education on peace and human rights by reflecting historical significance thereof. In such cases, the State and local governments shall respect the opinions of victims, their survivors, and the residents of Jeju Special Self-Governing Province concerning the provision of support for the programs:
1. Conducting commemorative events;
2. Creation of memorial parks and memorial cemeteries and the construction of memorial towers and historical records archives;
3. Preservation and maintenance of the relics of the Jeju 4?3 Incident;
4. Research and education related to the Jeju 4?3 Incident;
5. Commemorative programs related to the Jeju 4?3 Incident.
 Article 25 (Contribution to Foundation Related to Jeju 4·3 Incident)
The State and local governments may contribute funds to a foundation established for the purpose of the operation and management of the Jeju 4·3 historical records archives and peace park, and the performance of other programs, such as additional fact-finding, and livelihood stabilization and welfare promotion of victims and their survivors to promote peace and human rights, as prescribed by Presidential Decree.
CHAPTER VI SUPPLEMENTARY PROVISIONS
 Article 26 (Processing of Personally Identifiable Information)
(1) Where necessary to determine victims and survivors under Article 5, the Committee or the Working Committee may collect, use, and process data including personally identifiable information under Article 24 (1) of the Personal Information Protection Act.
(2) When the Committee or the Working Committee processes data containing personally identifiable information defined in Article 24 (1) of the Personal Information Protection Act under paragraph (1), they shall protect the relevant information according to the aforesaid Act.
 Article 27 (Fact-Finding Investigation and Duty to Cooperate)
The Committee may hear testimony or statements from a victim, witness, or person for reference or, if deemed necessary, may conduct verifications or necessary investigations, and may request administrative agencies or other related institutions to provide necessary cooperation, for such purposes as determining victims or their survivors under this Act. In such cases, administrative agencies and other relevant institutions requested to cooperate shall prioritize such request over other duties and notify the Committee of the results thereof without delay.
 Article 28 (Special Cases concerning Receipt of Entrusted Donations)
(1) The foundation referred to in Article 25 may receive any voluntarily entrusted donations to the extent meeting its business objectives, notwithstanding the main clause, with the exception of the subparagraphs, of Article 5 (2) of the Act on the Collection and Use of Donations.
(2) Matters necessary for procedures for receiving donations entrusted pursuant to paragraph (1) shall be prescribed by Presidential Decree.
 Article 29 (Restriction on Establishing Organizations to Support Victims)
No person shall establish an organization for the purpose of making profits under the pretext of supporting victims or their survivors, or conduct a collective or personal activity.
 Article 30 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions)
A non-public official member of the Commission or the Working Committee shall be deemed a public official for purposes of applying Articles 129 through 132 of the Criminal Act.
CHAPTER VII PENALTY PROVISIONS
 Article 31 (Penal Provisions)
(1) Any person who interferes with the performance of duties by a member or staff member of the Commission, a member of the advisory board, or an expert witness through the use of violence, intimidation or fraud, in violation of Article 44 (1), shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won.
(2) Any person who forms an organization for the purpose of profit-making or performs a collective or personal activity in violation of Article 29 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won.
(3) Any person who divulges confidential information, in violation of Article 7 (2), shall be punished by imprisonment for not more than two years or by a fine not exceeding 20 million won.
ADDENDA <Act No. 17963, Mar. 23, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (General Transitional Measures)
Any disposition, procedure or other acts under the previous provisions as at the time this Act enters into force shall be deemed taken pursuant to the corresponding provisions of this Act, if such provisions exist in this Act.
Article 3 (Transitional Measures concerning Previous Determinations)
A person for whom determination of a victim and his or her survivor or determination to pay medical allowances and living allowances has been made under the previous provisions as at the time this Act enters into force shall be deemed to have received such determination under the amended provisions of Article 5.
Article 4 (Transitional Measures concerning Committee and Working Committee)
The Committee on Discovering the Truth of the Jeju 4·3 Incident and the Restoration of Honor of the Victims and the Working Committee on Discovering the Truth of the Jeju 4·3 Incident and the Restoration of Honor of the Victims established under the previous provisions as at the time this Act enters into force, shall be deemed the Committee on Discovering the Truth of the Jeju 4·3 Incident and the Restoration of Honor of the Victims under the amended provisions of Article 5 and the Working Committee on Discovering the Truth of the Jeju 4·3 Incident and the Restoration of Honor of the Victims under the amended provisions of Article 6, respectively.
Article 5 (Transitional Measures concerning Members of Committee and Working Committee)
The members of the Committee or the Working Committee appointed or commissioned pursuant to the previous provisions at the time this Act enters into force shall be deemed the members of the Committee or the Working Committee appointed or commissioned pursuant to this Act. In such cases, members of the Committee or the Working Committee shall be deemed to have been appointed or commissioned on the date when this Act enters into force.