ENFORCEMENT DECREE OF THE SPECIAL ACT ON INVESTIGATING THE TRUTH OF SOCIAL DISASTERS AND BUILDING A SAFE SOCIETY
Presidential Decree No. 29065, Jul. 24, 2018
Amended by Presidential Decree No. 30304, Dec. 31, 2019
Presidential Decree No. 31680, May 11, 2021
| Article 1-2 (Duties of Commission regarding Humidifier Disinfectant Case) |
| 1. | Matters relating to remedies for victims of the Humidifier Disinfectant Case; |
| 2. | Matters relating to the improvement of the system regarding the Humidifier Disinfectant Case; |
| 3. | Matters relating to support regarding the Humidifier Disinfectant Case; |
| 4. | Matters relating to preparing a comprehensive report on the Humidifier Disinfectant Case; |
| 5. | Other matters the Commission deems necessary to perform the duties referred to in subparagraphs 1 through 4. |
[This Article Newly Inserted on May 11, 2021]
| Article 2 (Maximum Number of Commission Employees) |
| (1) | Under Article 15 (1) of the Act, the maximum number of employees of the Special Investigation Commission on Humidifier Disinfectants and April 16 Sewol Ferry Disasters under Article 3 of the Act (hereinafter referred to as "Commission") excluding Commission members shall be 120 persons. <Amended on May 11, 2021> |
| (2) | The maximum number of employees by class including the chairperson and vice chairperson, standing members, and public officials (including employees deemed a public official in extraordinary civil service) who are assigned to the Commission shall be as listed in attached Table 1. <Amended on Dec. 31, 2019> |
| (3) | From among the maximum number of public officials under paragraph (2) and attached Table 1, some shall be from the following: One (one Grade V inspector) from the Board of Audit and Inspection; two from the Ministry of Economy and Finance (one Grade IV administrative or technical public official and one Grade V administrative public official); one from the Ministry of Science and ICT (one Grade VII public official in administration, industry, establishment, or broadcasting and communications); ; six from the Ministry of the Interior and Safety (one Grade IV administrative or technical public official, two Grade V public officials in administration, industry, establishment, computerization, or disaster management, and three Grade VI public officials in administration, industry, establishment, computerization, or disaster management); one from the Ministry of Culture, Sports and Tourism (one Grade V administrative public official); one from the Ministry of Oceans and Fisheries (one Grade V public official in administration, establishment, maritime affairs and fisheries, or disaster management); three from the Office for Government Policy Coordination (one in general service and of a member of the Senior Executive Service, one Grade IV administrative or technical public official, and one Grade V administrative public official); three from the Ministry of Personnel Management (two Grade V administrative public officials and one Grade VI administrative public official); one from the National Tax Service (one Grade VI administrative or taxation public official); one from the Public Procurement Service (one Grade VII public official in administration, industry, establishment, or computerization); and one from the National Fire Agency (one fire captain). <Amended on May 11, 2021> |
| Article 3 (Organization of Commission) |
| (1) | The secretariat established under Article 18 (1) of the Act (hereinafter referred to as “Secretariat”) shall have the Humidifier Disinfectant Case Support Team, the Sewol Ferry Disaster Fact-finding Bureau, the Safe Society Bureau, and the Disaster Victim Support Bureau. <Amended on May 11, 2011> |
| (2) | The chairperson of the Commission shall have one aide under his or her authority. |
| (3) | The secretary general assigned to the Secretariat pursuant to Article 18 (2) of the Act (hereinafter referred to as “secretary general”) shall have one general director of the Administrative Support Office under his or her authority. |
| (1) | A public official in extraordinary civil service of position corresponding to Grade IV shall be appointed as the aide. |
| (2) | The aide shall assist the chairperson in the following affairs: |
| 1. | Studying and examination of matters the chairperson orders; |
| 2. | Gathering of opinions from and cooperation with relevant organizations, including victim’s family associations, and relevant experts; |
| 3. | Examination and adjustment of agenda to be proposed to the Commission or subcommittees under Article 16 (1) of the Act (hereinafter referred to as “subcommittees”); |
| 4. | Cooperation for work with a division providing policy assistance of a relevant Ministry. |
| Article 5 (Administrative Support Office) |
| (1) | The general director of the Administrative Support Office shall be appointed from among public officials in general service who are members of the Senior Executive Service; and the class of duties for the position shall be Class B. |
| (2) | The general director of the Administrative Support Office shall have the director of the Planning Promotion Action Division and the director of the Operation Assistance Action Division under his or her authority; and each director shall be a Grade IV administrative or technical public official. |
| (3) | The Planning Promotion Action Division shall assist the Administrative Support Office in the following affairs: |
| 1. | Overall management and adjustment of affairs of the Commission and the Secretariat; |
| 2. | Holding and operation of relevant meetings including those of the Commission; |
| 3. | Organization and operation of an advisory board under Article 17 of the Act (hereinafter referred to as “advisory board”); |
| 4. | Overall control over and adjustment of the affairs related to the National Assembly; |
| 5. | Enactment, amendment, and application of statutes and regulations related to the Commission or rules of the Commission; |
| 6. | Management of the organization and maximum number of employees; |
| 7. | Receipt, sending, and sorting of official documents or postal items; |
| 8. | Receipt of civil petitions and overall control thereof; |
| 9. | Receipt of application for information disclosure, investigation, petition, and report of misconduct, and overall control thereof; |
| 12. | Registration of assets of public officials belonging to the Commission; |
| 13. | Public relations activities within the nation including media publicity, general publicity of the Commission, and online publicity; |
| 14. | Cooperation for work with a State agency or local government; |
| 15. | International public relations activities through international exchange and cooperation, and newsletter, circular, or website in English; |
| 16. | Introduction and maintenance of the information system; |
| 17. | Establishment and maintenance of the website and the broadcasting and communications equipment of the Commission; |
| 18. | Taking photos and recording videos for the Commission. |
| (4) | The Operation Assistance Action Division shall assist the Administrative Support Office in the following affairs: |
| 1. | Operation and management of internal or external events of the Commission; |
| 2. | Security and access control, and management of working spaces; |
| 3. | Management of the official seal and ledger thereof; |
| 4. | Operation of the customized welfare system and employee benefits; |
| 5. | Management of the State-owned property and the commodity including inventory investigations; |
| 6. | Management of revenue and expenditure budget, and settlement of accounts and accounting thereof; |
| 7. | Personnel affairs related to appointment, education, and training, pension, and wage of employees and others; |
| 8. | Other matters of which other divisions of the Commission are not in charge. |
| Article 6 (Humidifier Disinfectant Case Support Team) |
| (1) | The head of the Humidifier Disinfectant Case Support Team shall be appointed from among Grade Ⅳ public officials in extraordinary civil service. |
| (2) | The head of the Humidifier Disinfectant Case Support Team shall take charge of the following: |
| 1. | Planning of affairs of the team, monitoring progress, and managing services; |
| 2. | Review of agenda under the responsibility of the team submitted to the Commission; |
| 3. | Report to the National Assembly on the progress of the performance of duties of the Commission under Article 7 (2) of the Act; |
| 4. | Operating a subcommittee to investigate the truth of the Humidifier Disinfectant Case under Article 16 (1) 1 of the Act (hereinafter referred to as “subcommittee of the Humidifier Disinfectant Case”) and the relevant advisory boards; |
| 5. | Handling objections to the results of investigations on the Humidifier Disinfectant Case upon application under Article 22 of the Act; |
| 6. | Preparing a comprehensive report under the responsibility of the subcommittees of the Humidifier Disinfectant Case; |
| 7. | Fact-finding surveys and research for preparing the comprehensive report under subparagraph 6; |
| 8. | Providing assistance for work to the Sewol Ferry Disaster Fact-finding Bureau, the Safe Society Bureau, and the Disaster Victim Support Bureau; |
| 9. | Other matters instructed by the chairperson or the chairperson of a subcommittee of the Humidifier Disinfectant Case. |
[This Article Wholly Amended on May 11, 2021]
| Article 7 (Sewol Ferry Disaster Fact-finding Bureau) |
| (1) | The director general of the Sewol Ferry Disaster Fact-finding Bureau shall be appointed from among public officials in extraordinary civil service who are members of the Senior Executive Service; and the class of duties of the position shall be Class B. |
| (2) | The Sewol Ferry Disaster Fact-finding Bureau shall have the Sewol Ferry Investigation Planning Division, the Sewol Ferry Investigation Division 1, the Sewol Ferry Investigation Division 2, and the Sewol Ferry Investigation Division 3; and the director of each division shall be appointed from among public officials of Grade IV, or of position corresponding thereto, in extraordinary civil service. <Amended on May 11, 2021> |
| (3) | The director of the Sewol Ferry Investigation Planning Division shall take charge of the following affairs: <Amended on May 11, 2021> |
| 1. | General affairs of the Bureau and management of outsourced services; |
| 2. | Planning affairs of the Bureau and review of implementation status thereof; |
| 3. | Review of agenda under the responsibility of the Bureau submitted to the Commission; |
| 4. | Operation of a subcommittee to investigate the truth of the April 16 Sewol Ferry Disaster under Article 16 (1) 2 of the Act (hereinafter referred to as “subcommittee of the Sewol Ferry Disaster”) and the relevant advisory boards; |
| 5. | Filing indictment and requesting for investigation under Article 28 of the Act related to the April 16 Sewol Ferry Disaster, and imposition and collection of administrative fines under Article 56 of the Act; |
| 6. | Requesting the Board of Audit and Inspection of Korea to audit under Article 30 of the Act relating to the April 16 Sewol Ferry Disaster; |
| 8. | Requesting the National Assembly to adopt a resolution for appointing an independent prosecutor under Article 38 of the Act relating to the April 16 Sewol Ferry Disaster; |
| 9. | Checking and verifying details of a result report of the investigation under the responsibility of the Bureau, and reviewing to improve the quality of the report; |
| 10. | Preparing a comprehensive report under the responsibility of the Bureau; |
| 11. | Providing assistance for work to the Humidifier Disinfectant Case Support Team, the Safe Society Bureau, and the Disaster Victim Support Bureau; |
| 12. | Conducting affairs ordered by the chairperson of the subcommittee of the Sewol Ferry Disaster; |
| 13. | Conducting affairs not falling under the responsibility of other divisions in the Bureau. |
| (4) | The director of the Sewol Ferry Investigation Division 1 shall take charge of the following affairs: <Amended on May 11, 2021> |
| 1. | Investigation into the causes of the April 16 Sewol Ferry Disaster; |
| 2. | Thorough investigation into the hull of the Sewol Ferry; |
| 3. | Thorough investigation and analysis, and management of the articles left behind necessary to identify the causes of the April 16 Sewol Ferry Disaster; |
| 3-2. | Inspection and investigation of the salvage process of the hull of the Sewol Ferry; |
| 4. | Preparation of a result report of the investigation under the responsibility of the Division; |
| 5. | Conducting other affairs related to subparagraphs 1 through 3 and 3-2. |
| (5) | The director of the Sewol Ferry Investigation Division 2 shall take charge of the following affairs: <Amended on May 11, 2021> |
| 1. | Investigation into rescue and salvage related to the April 16 Sewol Ferry Disaster; |
| 2. | Investigation into manipulation of evidence such as concealment of evidential materials related to the April 16 Sewol Ferry Disaster; |
| 3. | Deleted; <May 11, 2021> |
| 4. | Preparation of a result report of the investigation under the responsibility of the Division; |
| 5. | Conducting other affairs related to subparagraphs 1 and 2. |
| (6) | The director of the Sewol Ferry Investigation Division 3 shall take charge of the following affairs: <Newly Inserted on May 11, 2021> |
| 1. | Investigation into appropriateness of the responses of the Government related to the Sewol Ferry Disaster; |
| 2. | Preparation of a result report of the investigation under the responsibility of the Division; |
| 3. | Conducting other affairs related to subparagraph 1. |
| Article 8 (Safe Society Bureau) |
| (1) | The director general of the Safe Society Bureau shall be appointed from among public officials in extraordinary civil service who are members of the Senior Executive Service; and the class of duties for the position shall be Class B. |
| (2) | The Safe Society Bureau shall have the Disaster Safety Coordination Division, the Humidifier Disinfectant Case Safety Division, and the Sewol Ferry Safety Division; and the director of each division shall be appointed from among public officials of Grade IV, or of position corresponding thereto, in extraordinary civil service. |
| (3) | The director of the Disaster Safety Coordination Division shall take charge of the following affairs: Provided, That the matters referred to in subparagraphs 8 and 9 in relation to the Humidifier Disinfectant Case shall be limited to matters regarding cases whose investigation was completed by December 22, 2020; and the matters referred to in subparagraph 10 in relation to the Humidifier Disinfectant Case shall be limited to cases whose investigation was pending as of December 22, 2020: <Amended on May 11, 2021> |
| 1. | Formulating a comprehensive plan to build a safe society; |
| 2. | Establishing measures to enhance safety capabilities of the State and society, and for advanced safety culture to take root; |
| 3. | Establishing measures to reform the disaster and safety management of the State including response to natural disasters and establishment of the integrated management system; |
| 4. | General affairs of the Bureau and management of outsourced services; |
| 5. | Planning affairs of the Bureau and review of implementation status thereof; |
| 6. | Review of agenda under the responsibility of the Bureau submitted to the Commission; |
| 7. | Operation of a subcommittee to build a safety society under Article 16 (1) 3 of the Act (hereinafter referred to as “subcommittee to build a safe society”) and the relevant advisory boards; |
| 11. | Checking and verifying details of a result report of the investigation under the responsibility of the Bureau, and reviewing to improve the quality of the report; |
| 12. | Preparing a comprehensive report under the responsibility of the Bureau; |
| 13. | Providing assistance for work to the Humidifier Disinfectant Case Support Team, the Sewol Ferry Disaster Fact-finding Bureau, and the Disaster Victim Support Bureau; |
| 14. | Conducting affairs ordered by the chairperson of the subcommittee to build a safe society; |
| 15. | Conducting affairs not falling under the responsibility of other divisions in the Bureau. |
| (4) | The director of the Humidifier Disinfectant Case Safety Division shall take charge of the following affairs: |
| 1. | Examining the statutes and regulations, policies, system, customs, etc. which caused the Humidifier Disinfectant Case and suggesting alternatives thereto; |
| 2. | Establishing safety measures related to production, distribution, and consumption of toxic chemical substances and products containing such substances; |
| 3. | Establishing measures to prevent the recurrence of cases similar to the Humidifier Disinfectant Case; |
| 4. | Preparing measures to prevent and respond to disasters related to toxic chemical substances; |
| 5. | Preparing a result report of the investigation and comprehensive report under his or her responsibility. |
| (5) | The director of the Sewol Ferry Safety Division shall take charge of the following affairs: |
| 1. | Examining the statutes and regulations, policies, system, customs, etc. which caused the April 16 Sewol Ferry Disaster and suggesting alternatives thereto; |
| 2. | Preparing measures to enhance maritime safety and increase responsibilities of shipping companies and crew; |
| 3. | Preparing measures to strengthen capabilities of the Government to respond to maritime disasters and accidents; |
| 4. | Establishing measures to prevent the recurrence of cases similar to the April 16 Sewol Ferry Disaster; |
| 5. | Proposing measures to prevent and respond to maritime disasters; |
| 6. | Preparing a result report of the investigation and comprehensive report under his or her responsibility. |
| Article 9 (Disaster Victim Support Bureau) |
| (1) | The director general of the Disaster Victim Support Bureau shall be appointed from among public officials in extraordinary civil service who are members of the Senior Executive Service; and the class of duties for the position shall be Class B. |
| (2) | The Disaster Victim Support Bureau shall have the Disaster Victim Support Planning Division, the Humidifier Disinfectants Victim Support Division, and the Sewol Ferry Victim Support Division; and the director of each division shall be appointed from among public officials of Grade IV, or of position corresponding thereto, in extraordinary civil service. |
| (3) | The director of the Disaster Victim Support Planning Division shall take charge of the following affairs: Provided, That the matters referred to in subparagraphs 6 and 7 in relation to the Humidifier Disinfectant Case shall be limited to matters regarding cases whose investigation was completed by December 22, 2020; and the matters referred to in subparagraph 8 in relation to the Humidifier Disinfectant Case shall be limited to cases whose investigation was pending as of December 22, 2020: <Amended on May 11, 2021> |
| 1. | Studying and analyzing the support system for disasters and accidents, and examining countermeasures against them; |
| 2. | General affairs of the Bureau and management of outsourced services; |
| 3. | Planning affairs of the Bureau and review of implementation status thereof; |
| 4. | Review of agenda in charge of the Bureau submitted to the Commission; |
| 5. | Operation of a subcommittee to provide support under Article 16 (1) 4 of the Act (hereinafter referred to as “subcommittee to provide support”) and the relevant advisory boards; |
| 6. | Filing indictment and requesting for investigation under Article 28 of the Act related to measures to support the victims of the Humidifier Disinfectant Case or the April 16 Sewol Ferry Disaster, and imposing and collecting administrative fines under Article 56 of the Act; |
| 7. | Requesting the Board of Audit and Inspection of Korea to audit under Article 30 of the Act relating to measures to support the victims of the Humidifier Disinfectant Case or the April 16 Sewol Ferry Disaster; |
| 8. | Holding hearings under Article 31 of the Act relating to measures to support the victims of the Humidifier Disinfectant Case or the April 16 Sewol Ferry Disaster; |
| 9. | Checking and verifying details of a result report of the investigation under the responsibility of the Bureau, and reviewing to improve the quality of the report; |
| 10. | Preparing a comprehensive report under the responsibility of the Bureau; |
| 11. | Providing assistance for work to the Humidifier Disinfectant Case Support Team, the Sewol Ferry Disaster Fact-finding Bureau, and the Safe Society Bureau; |
| 12. | Conducting affairs ordered by the chairperson of the subcommittee to provide support; |
| 13. | Conducting affairs not falling under the responsibility of other divisions in the Bureau. |
| (4) | The director of the Humidifier Disinfectants Victim Support Division shall take charge of the following affairs: |
| 1. | Conducting a fact-finding survey of damage from the Humidifier Disinfectant Case; |
| 2. | Proposing measures to support the victims of the Humidifier Disinfectant Case; |
| 3. | Studying and analyzing the remedy system for damage from the Humidifier Disinfectant Case, and preparing measures therefor; |
| 4. | Preparing measures to give remedy for damage due to disasters related to toxic chemical substances; |
| 5. | Preparing a result report of the investigation and comprehensive report under the responsibility of the Division; |
| 6. | Conducting other affairs related to subparagraphs 1 through 3. |
| (5) | The director of the Sewol Ferry Victim Support Division shall take charge of the following affairs: |
| 1. | Conducting a fact-finding survey of damage from the April 16 Sewol Ferry Disaster; |
| 2. | Proposing measures to support the victims of the April 16 Sewol Ferry Disaster; |
| 3. | Studying and analyzing the remedy system for damage from the April 16 Sewol Ferry Disaster, and preparing measures therefor; |
| 4. | Preparing measures to give remedy for damage from maritime disaster; |
| 5. | Preparing a result report of the investigation and comprehensive report under the responsibility of the Division; |
| 6. | Conducting other affairs related to subparagraphs 1 through 3. |
| Article 10 (Dispatch of Public Officials) |
| (2) | The chairperson may request dispatch service of members of the military from the Ministry of National Defense under Article 21 (1) of the Act within the prescribed number of members of the military under the relevant statutes and regulations. |
| Article 11 (Protection for Witnesses) |
| (1) | Personal information of an individual who provides information or presents evidence or data necessary to investigate the truth of the Humidifier Disinfectant Case or the April 16 Sewol Ferry Disaster shall not be made public: Provided, That the same shall not apply with prior consent of himself or herself. |
| (2) | When the Commission decides that members of the Commission and witnesses, experts, or persons for reference related to affairs of the Commission are, or are likely to be, in fear of his or her life or bodily injury, the Commission may have its staff protect them or may request protection for them from the related institutions. In such cases, the related institutions in receipt of request from the Commission shall comply with the request in the absence of good cause. |
| Article 11-2 (Cooperation from State Agencies) |
The Commission may request State agencies, local governments, and public institutions under Article 4 of the Act on the Management of Public Institutions (hereafter referred to as "State agencies, etc." in this Article) to provide cooperation, if necessary to perform the affairs referred to in the subparagraphs of Article 1-2. In such cases, State agencies, etc. shall fully cooperate unless there is good cause. [This Article Newly Inserted on May 11, 2021]
| Article 12 (Support of Local Government) |
| (1) | Where the Commission requests support necessary to perform its affairs under Article 40 of the Act, a local government shall fully cooperate with the Commission for conducting affairs including provision of necessary places and human resources. |
| (2) | The Commission may organize and operate a working group jointly with a relevant local government when necessary to determine and adjust details, methods, etc. of the cooperation with the local government under paragraph (1). |
| (3) | The Commission may provide a relevant local government with budget necessary to deal with affairs jointly performed with the local government. |
Where necessary in consideration of expertise and fairness of investigation affairs, the chairperson may have researchers and assistant staff for the Commission within the budget.
| Article 14 (Exchange and Cooperation) |
Where necessary to exchange and cooperate with national and international institutions having specialized knowledge and experience in handling the Humidifier Disinfectant Case or the April 16 Sewol Ferry Disaster, the Commission may dispatch its members or staff, or experts to receive education needed.
| Article 14-2 (Payment of Allowances) |
From among persons who attend the Commission, subcommittees, or advisory boards, a member thereof who is not a public official may be provided with allowances, travel expenses, and other necessary expenses within the budget.
[Moved from Article 15 <May 11, 2021>]
| Article 15 (Sending of Copies of Social Disasters Materials to Commemorative Facilities) |
| 1. | Copies of data produced and received by the Commission or designated by the chairperson with regard to the Humidifier Disinfectant Case and the April 16 Sewol Ferry Disaster; |
| 3. | Copies of all materials, such as investigation materials, investigation results, and evidential materials of the Sewol Investigation Commission established under the Special Act on Establishment and Operation of the Commission on Investigating the Hull of the Sewol Ferry. |
| (2) | The timing of sending materials under Article 49-2 (2) of the Act shall be within three months after the Committee terminates its activities. |
| 1. | The Commission shall categorize the copies of the materials referred to in the subparagraphs of paragraph (1) into those related to the Humidifier Disinfectant Case and those related to the April 16 Sewol Ferry Disaster; |
| 2. | The Commission shall store the copies of the materials referred to in the subparagraphs of paragraph (1) in a preservation box, etc. and send them to the memorial facilities with the list thereof. In such cases, a copy made in an electronic form shall be recorded in an electronic medium and sent to each memorial facility together with the list. |
[This Article Newly Inserted on May 11, 2021]
[Previous Article 15 moved to Article 14-2 <May 11, 2021>]
| Article 15-2 (Management of Sensitive Information and Personally Identifiable Information) |
, If unavoidable to perform the duties specified in Article 5 (1) 1, 3, 6, and 8 of the Act or subparagraphs 1 and 2 of Article 1-2 of this Decree, the Commission (including those delegated or entrusted with part of the duties of the Commission or those who jointly perform such duties pursuant to Article 41 (1) of the Act) may process information on health under Article 23 of the Personal Information Protection Act (limited to cases where it is for the performance of duties referred to in subparagraphs 1 and 2 of Article 1-2 of the Personal Information Protection Act) and data containing resident registration numbers, passport numbers, or alien registration numbers specified in subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act. <Amended on May 11, 2021> [This Article Newly Inserted on Dec. 31, 2019]
| Article 15-3 (Criteria for Imposition of Administrative Fines) |
[This Article Newly Inserted on Dec. 31, 2019]
| Article 16 (Detailed Operating Rule) |
Matters necessary for the enforcement of the Decree shall be determined by the chairperson following the resolution of the Commission.
ADDENDA <Presidential Decree No. 29065, Jul. 24, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Employees during Period Conducting Remaining Business)
Employees the chairperson designates to deal with remaining business shall maintain the status as public officials (including public officials in extraordinary civil service) during the period conducting remaining business under Article 50 of the Act. Article 3 (Transitional Measures concerning Public Official following Expiration of Existence Period of Secretariat)
Where public officials belonging to the Commission (excluding public officials in extraordinary civil service) remain as at the time the existence period of the Secretariat under Article 50 of the Act expires, it shall be deemed that a central administrative agency to which such public officials originally belong has the additional prescribed number of public officials corresponding to the number of public officials left.
ADDENDUM <Presidential Decree No. 30304, Dec. 31, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 31680, May 11, 2021>
This Decree shall enter into force on the date of its promulgation.