ENFORCEMENT DECREE OF FRAMEWORK ACT ON SETTLING THE PAST FOR TRUTH AND RECONCILIATION
Presidential Decree No. 19161, Dec. 1, 2005
Amended by Presidential Decree No. 19596, jun. 30, 2006
Presidential Decree No. 19728, Nov. 9, 2006
Presidential Decree No. 20070, May 25, 2007
Presidential Decree No. 20704, Feb. 29, 2008
Presidential Decree No. 31227, Dec. 8, 2020
Presidential Decree No. 32351, Jan. 21, 2022
| Article 2 (Scope of Relatives) |
"Relatives" in Article 19 (3) of the Framework Act on Settling the Past for Truth and Reconciliation (hereinafter referred to as the "Act") means persons who fall within the scope of relatives under Article 777 of the Civil Act and “persons with knowledge of particular facts” means persons who experienced or witnessed a case subject to clarifying the truth or persons who have heard directly from persons who experienced or witnessed the case: Provided, That in the case of a person who has heard directly from another person who experienced or witnessed the case, the same shall only apply if the person who experienced or witnessed the case is identified, alive, etc. to enable investigations to be conducted.
| Article 3 (Procedures and Methods for Filing Applications for Clarifying Truth) |
| (1) | A person who intends to clarify the truth pursuant to Article 20 (1) of the Act shall prepare an application for clarifying the truth prescribed by rules of the Truth and Reconciliation Commission (hereinafter referred to as the "Commission") and submit it to the head of the Commission, a local government or a diplomatic mission abroad, and upon receipt of the application, the head of the local government or the diplomatic mission abroad shall immediately send it to the Commission. <Amended on Nov. 9, 2006> |
| (2) | Where an application is filed orally pursuant to the proviso, with the exception of the subparagraphs, of Article 20 (1) of the Act, the head of the Commission, a local government or a diplomatic mission abroad shall keep on record the details thereof. <Amended on Nov. 9, 2006> |
| (3) | Where an application needs to be supplemented, the Commission may request that the applicant supplement it. |
| (4) | An applicant may withdraw his or her application in writing or orally before the Commission decides to initiate an investigation or to reject the application. Where an applicant withdraws his or her application orally, the Commission shall keep on record the details thereof. |
| (5) | In order to provide convenience in filing an application for clarifying the truth, the Commission may publicize application procedures, methods, etc. through newspapers, broadcasting, information and communications networks or other means. |
| Article 4 (Transfer of Applications and Notification Thereof) |
Where it is obvious that an application falls under the responsibility of another agency, the Commission shall transfer the application to the relevant agency without delay and notify such fact to the applicant.
| Article 5 (Deadline for Decision on Initiation of Investigation) |
Within 90 days from the date the Commission receives a written or an oral application for clarifying the truth, or from the date an application for clarifying the truth is transferred from the head of a local government or a diplomatic mission abroad, the Commission shall decide whether to initiate an investigation for clarifying the truth or to reject the application: Provided, That where a preliminary investigation is to be conducted under Article 22 (2) of the Act, the period may be extended by up to 30 days by a decision of the Commission. <Amended on Nov. 9, 2006>
| Article 6 (Re-Application) |
Where an applicant who received a decision of rejection has supplemented the application based on the grounds for rejection and then files a re-application, the Commission shall accept it.
| Article 7 (Investigation Procedures and Methods) |
| (2) | A person subject to investigation or an expert witness shall make statements in the office of the Commission, except in cases involving an on-site investigation under Article 23 (4) of the Act: Provided, That a third place may be used for such purposes, if the Commission passes a resolution thereon. <Amended on Dec. 8, 2020> |
| (3) | Where the Commission conducts an on-site investigation pursuant to Article 23 (4) of the Act, it shall notify in advance the related agencies, facilities, organizations, etc. of the date, place, purpose, etc., and the Commissioners or staff members of the Commission who conduct the on-site investigation shall present their certificates in the attached form indicating their authority to the related persons. <Amended on Dec. 8, 2020> |
| (4) | If deemed necessary in connection with an investigation for clarifying the truth, the Commission may hear the opinions of domestic or foreign experts, interested persons, or persons with extensive knowledge and experience by inviting related experts, etc. to participate in the investigation or by holding a public hearing. |
| (5) | Where the Commission deems that a person subject to investigation, an expert witness, relevant evidence or materials exist in a foreign country, it may request cooperation from the relevant country or the relevant person through diplomatic channels. |
| Article 8 (Recording of Statements) |
Where the Commission deems it necessary in the course of hearing the statements made by a person subject to investigation or an expert witness under Article 23 (1) 2 of the Act, it may have a staff member record the audio and video of his or her statements after obtaining his or her consent.
| Article 9 (Procedures for Notifying Decisions and Filing Objections) |
| (1) | Notification of a decision under Article 28 (1) of the Act shall be given in writing within one week from the date the decision is made. |
| (2) | To file an objection under Article 28 (4) of the Act, a written objection stating the following matters shall be prepared and submitted to the Commission. In such cases, the written objection prescribed by rules of the Commission shall be accompanied by relevant documents or materials: |
| 1. | The name and address of a person who files an objection; |
| 2. | The date of receipt of notification of a decision; |
| 3. | The details of a notification or a decision; |
| 4. | Grounds for filing an objection. |
| (3) | Where the Commission deems that the details of an objection or the procedures for filing such objection under paragraph (2) need to be amended, it shall require that a person who has filed such objection make amendments thereto in written form, stating the following matters. In such cases, the period for amendments shall be excluded from the period for handling any objection prescribed in Article 28 (5) of the Act: |
| 1. | Matters to be amended; |
| 2. | Grounds for making a request for amendments; |
| 3. | Period for amendments; |
| 4. | Other matters deemed necessary by the Commission. |
| Article 10 (Consultation on Dispatch of Public Officials) |
Where a public official is dispatched pursuant to Article 29 (1) of the Act, the Commission and an agency from which the public official is dispatched shall have consultations thereon.
| Article 11 (Protection of Persons Providing Information) |
Where it is deemed that the life or health of a person who has participated in investigations for clarifying the truth, or who has discovered or submitted materials, etc. necessary for clarifying the truth is threatened or is likely to be threatened by others, the Commission may request that the relevant agency protect the person, and the agency so requested shall comply without delay.
| Article 12 (Joint Performance of Duties) |
| Article 12-2 (Support of Local Government) |
| (1) | Upon receipt of a request from the Commission under Article 33 (1) of the Act, a local government shall provide places and other conveniences, and may provide necessary personnel to perform the duties of the Commission. |
| (2) | The Commission may organize and operate a City/Do working committee to promote cooperation with the Special Metropolitan City, a Metropolitan City, and a Do. |
| (3) | The Commission may perform the following duties jointly with the head of a local government under Article 33 (2) of the Act: |
| 2. | Publicity with regard to the procedures and methods for filing an application for clarifying the truth under Article 19 (1) of the Act; |
| 3. | Investigation into basic facts. |
| (4) | Matters necessary for the procedures and methods for performing duties under paragraphs (2) and (3) shall be determined by the chairperson upon the adoption of a resolution by the Commission, after hearing the opinions of local governments. |
| (5) | The Commission may provide the relevant local government with the budget necessary for handling the affairs that it performs jointly with the local government pursuant to paragraph (3). |
[This Article Newly Inserted on Nov. 9, 2006]
| Article 13 (Consultation on and Coordination of Activities for Clarifying Truth) |
The Commission may consult on and coordinate the following matters with a State agency which has established a special organization pursuant to Article 33 (3) of the Act and with the special organization: <Amended on Nov. 9, 2006> | 1. | Matters regarding the selection of persons subject to investigation; |
| 2. | Matters regarding the coordination of overlapping investigations into a case, which are undertaken by the Commission and a special organization; |
| 3. | Where further investigations or verification procedures are required to address social issues arising from a case into which the Commission or a special organization has concluded or is currently conducting investigations, matters regarding the methods and procedures therefor; |
| 4. | Matters regarding basic investigations; |
| 5. | Matters regarding requests for relevant materials; |
| 6. | Matters regarding the disclosure of investigation findings; |
| 7. | Matters regarding follow-up measures to achieve reconciliation, such as by repairing harm or restoring honor, following the clarification of the truth. |
| Article 14 (Support for Establishment of Foundation on Research of Past) |
| (1) | The Commission may support the establishment of the Foundation on the Research of the Past and its projects under Article 40 of the Act. |
| (2) | Details regarding support under paragraph (1) shall be prescribed by rules of the Commission. |
| Article 15 (Prescribed Number of Public Officials) |
| (1) | The prescribed number of public officials assigned to the secretariat of the Commission pursuant to Article 14 of the Act shall be as specified in attached Table 1. <Amended on Dec. 8, 2020> |
| (2) | From among the prescribed number of members of the Commission under paragraph (1) and attached Table 1, some shall be from the following: one from the Ministry of Education (one Grade V administrative public official), three from the Ministry of Unification (one Grade V administrative public official, and two Grade VI administrative public officials), eight from the Ministry of Justice (one Grade IV prosecution investigation official, two Grade V prosecution officials or Grade V investigation officials, three Grade VI prosecution officials, and two Grade VI prosecution officials), eight from the Ministry of National Defense (one Grade IV public official, two Grade V administrative public officials, three Grade VI administrative public officials, and two Grade VII administrative public officials), fifteen from the Ministry of the Interior and Safety (one public official in general service of the Senior Executive Service, one Grade III public official or Grade IV public official, one Grade IV public official, one Grade IV public official or Grade V administrative public official, five Grade V administrative public officials, three Grade VI administrative public officials, one Grade VI administrative public official or Grade VI computer official, one Grade VII administrative public official, and one Grade VII administrative public official or archivist), one from the Ministry of Culture, Sports and Tourism (one Grade VI administrative public official), one from the Ministry of Health and Welfare (one Grade VI administrative public official, Grade VI social welfare official, or Grade VI health official), two from the Ministry of Employment and Labor (two Grade VI administrative public officials), one from the Ministry of Gender Equality and Family (one Grade VI administrative public official), two from the National Intelligence Service (one Grade V investigation official or information official, and one Grade VI investigation official or information official), four from the Ministry of Patriots and Veterans Affairs (one Grade V administrative public official, two Grade VI administrative public officials, and one Grade VII administrative public official), one from the Ministry of Personnel Management (one Grade V administrative public official), one from the Anti-Corruption and Civil Rights Commission (one Grade V administrative public official), and seven from the Korean National Police Agency (two superintendents, one senior inspector, three inspectors, and one assistant inspector). <Amended on Dec. 8, 2020; Jan. 21, 2022> |
| (3) | Deleted. <Dec. 8, 2020> |
| Article 16 (Expert Members) |
The Commission may have expert members and assistance personnel within the budget, if they are deemed necessary to efficiently support the duties of the Commission and conduct professional investigations and research.
| Article 17 (Education and Training) |
In order to facilitate truth-clarification and reconciliation, the Commission may engage in exchange and cooperation with domestic and foreign institutions that have expertise and experience, or if necessary, dispatch its members, staff members, or related experts to enable them to receive education or collect materials in relation to truth-clarification and reconciliation.
Members, appraisers, expert witnesses, relevant experts, etc. who are not public officials attending the meetings of the Commission or advisory organizations may be paid allowances, travel expenses, and other necessary expenses within the budget: Provided, That the same shall not apply where a public official attends a meeting directly in connection with his or her duties.
| Article 19 (Criteria for Imposition of Administrative Fines) |
[This Article Wholly Amended on Dec. 8, 2020]
| Article 20 (Detailed Regulations) |
The details necessary for the enforcement of this Decree shall be determined by the chairperson of the Commission, upon the adoption of a resolution by the Commission.
| Article 21 (Period of Existence of Secretariat) |
The secretariat shall continue to exist for three more months after the Commission completes its operation.
ADDENDA <Presidential Decree No. 19161, Dec. 1, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Public Officials Belonging to Institution Ceasing to Exist)
| (1) | Where the time limit during which the Commission is in operation expires pursuant to Article 21, and where the number of current members meets the prescribed number specified in the attached Table, the prescribed number corresponding to the current number of members shall be deemed to exist separately until one year elapses after the Commission completes its operation: Provided, That this shall not apply to cases in which the current members are public officials in extraordinary civil service. |
| (2) | Out of the prescribed number under paragraph (1), the prescribed number under Article 15 (2) shall be deemed to apply to public officials belonging to the relevant agency, and the remaining prescribed number shall be deemed to apply to public officials belonging to the Ministry of the Interior and Safety. <Amended on Feb 29, 2008> |
ADDENDA <Presidential Decree No. 19596, Jun. 30, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 19728, Nov. 9, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 20070, May 25, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 20704, Feb. 29, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 31227, Dec. 8, 2020>
This Decree shall enter into force on December 10, 2020.
ADDENDUM <Presidential Decree No. 32351, Jan. 21, 2022>
This Decree shall enter into force on January 21, 2022.