CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to national unity in order to enhance national legitimacy and to move towards the future through reconciliation with the past by investigating independence movements against Imperial Japan and cases of human rights abuses, violence, massacres, suspicious deaths, etc. caused by anti-democratic acts or acts against human rights and thereby clarifying the truth that had been distorted or concealed.
| Article 2 (Scope of Clarifying Truth) |
| (1) | The Truth and Reconciliation Commission under Article 3 shall clarify the truth regarding the following matters: <Amended on Jun. 9, 2020> |
| 1. | Independence movements against Imperial Japan which had been carried out during the Japanese occupation or immediately prior to that period; |
| 3. | Cases of mass civilian deaths, injuries, or missing which occurred unlawfully from August 15, 1945 to the period prior to, during, and immediately after the Korean War; |
| 4. | Cases of deaths, injuries, or missing which occurred as a result of unlawful or seriously unjust exercise of governmental power, such as acts of destruction of the constitutional order, and other cases of grave human rights violations and allegedly fabricated cases from August 15, 1945 to the period of authoritarian rule; |
| 5. | Acts of terrorism, human rights abuses, violence, massacres, and suspicious deaths committed by forces which deny the legitimacy of the Republic of Korea or are hostile to the Republic of Korea from August 15, 1945 to the period of authoritarian rule; |
| 6. | Cases of historical significance, for which the Truth and Reconciliation Commission under Article 3 deems that clarifying the truth is necessary to achieve the purpose of this Act. |
| (2) | Even among the cases falling under the scope of clarifying the truth provided in paragraph (1), those on which a court has made a final judgment shall be excluded: Provided, That the same shall not apply where clarifying the truth is deemed necessary because it falls under any ground for a retrial under the Civil Procedure Act or the Criminal Procedure Act by the resolution of the Truth and Reconciliation Commission under Article 3. |
| Article 3 (Establishment and Independence of Truth and Reconciliation Commission) |
| (1) | The Truth and Reconciliation Commission (hereinafter referred to as the “Commission”) shall be established to perform the duties prescribed in this Act. |
| (2) | The Commission shall perform the following duties: |
| 1. | To select the subject matters of investigation and to make a decision to initiate an investigation following the selection; |
| 2. | To proceed with an investigation; |
| 3. | To make a decision that the truth is established or a decision of inability to establish the truth, based on the findings of an investigation; |
| 4. | Other duties deemed necessary by the Commission, such as research activities on measures for reconciliation. |
| (3) | The Commission shall independently perform the duties under its authority. |
CHAPTER II COMPOSITION AND OPERATION OF COMMISSION
| Article 4 (Composition of Commission) |
| (1) | The Commission shall be composed of nine commissioners, including three standing commissioners. <Amended on Jun. 9, 2020> |
| (2) | One commissioner designated by the President and eight commissioners elected by the National Assembly (four persons recommended by the negotiation group of the political party to which the President belongs or belonged and four persons recommended by other negotiating organizations) shall be appointed by the President, from among any of the following persons: <Amended on Jun. 9, 2020> |
| 1. | A person who has served as a full-time professor or higher of an accredited university or college for at least 10 years; |
| 2. | A person who has served as a judge, prosecutor, military judicial officer, or attorney-at-law for at least 10 years; |
| 3. | A public official of Grade III or higher or a member of the Senior Executive Service, who has served as a public official for at least 10 years; |
| 4. | A cleric or a person who has engaged in the research activities such as study of historical evidence and historiography for at least 10 years; |
| 5. | Other persons deemed to have expertise and experience necessary for clarifying the truth under the subparagraphs of Article 2 (1). |
| (3) | Among the commissioners referred to in paragraph (2), the standing commissioners shall be one person designated by the President, one person recommended by the negotiation group of the political party to which the President belongs or belonged, and one person recommended by other negotiation groups. <Newly Inserted on Jun. 9, 2020> |
| (4) | The chairperson shall be appointed by the President from among the standing commissioners. <Amended on Jun. 9, 2020> |
| (5) | The chairperson and the standing commissioners of the Commission shall be appointed in political service. <Amended on Jun. 9, 2020> |
| Article 5 (Terms of Office of Chairperson and Commissioners) |
| (1) | The chairperson and commissioners shall hold office for a term of two years and may be appointed consecutively for further terms: Provided, That where the period of investigation under Article 25 expires, the term of office of commissioners shall expire on the sixth month from such expiration. |
| (2) | When the term of office of a commissioner expires or a vacancy occurs during the term of office, a successor shall be elected or nominated within 30 days from the date when the term of office expires or the vacancy occurs, and the President shall appoint the successor immediately. |
| (3) | The term of office of the commissioner who is appointed as successor of a vacancy shall start anew. |
| Article 6 (Composition of Subcommittees) |
| (1) | The Commission may establish a subcommittee to perform part of other duties of the Commission, such as clarifying the truth. |
| (2) | Matters necessary for the composition, duties, operation, etc. of subcommittees shall be prescribed by the rules of the Commission. |
| Article 7 (Duties of Chairperson) |
| (1) | The chairperson shall represent the Commission and exercise overall control over its general affairs. |
| (2) | Where the chairperson is unable to perform his or her duties due to any unavoidable reason, a standing commissioner designated in advance by the chairperson shall act on his or her behalf. |
| (3) | The chairperson may propose that the President present bills on the chairperson’ duties. |
| Article 8 (Commissioners’ Independence in Performing Duties and Guarantee of Status) |
| (1) | Each commissioner shall perform his or her duties independently without any instruction or interference from others. |
| (2) | No commissioner shall be dismissed from office against his or her will, except in any of the following cases: |
| 1. | Where a physical or mental disability makes it substantially difficult for a commissioner to perform his or her duties; |
| 2. | Where a sentence of imprisonment without labor or heavier punishment on him or her becomes final and conclusive. |
| (3) | Where a commissioner falls under paragraph (2) 1, the President shall remove him or her from office upon recommendation of the chairperson following a resolution adopted on his or her removal with the concurring vote of at least 2/3 of the commissioners. |
| Article 9 (Grounds for Disqualification of Commissioners) |
| (1) | None of the following persons shall become a commissioner: |
| 1. | A person not a national of the Republic of Korea; |
| 3. | A member of a political party; |
| (2) | When a commissioner falls under any subparagraph of paragraph (1), he or she shall, naturally, retire from office. |
| Article 10 (Prohibition of Commissioners from Holding Concurrent Offices) |
| (1) | A commissioner shall neither hold concurrent offices nor perform duties while in office as follows: |
| 1. | A member of the National Assembly or a member of a local council; |
| 2. | A public official of any other State agency or local government (excluding an educational official); |
| 3. | Other positions or duties prescribed by the rules of the Commission. |
| (2) | No commissioner shall join a political party or participate in any political activity. |
| Article 11 (Exclusion of, Challenge to, or Recusal of, Commissioners) |
| (1) | A commissioner falling under any of the following shall be excluded from deliberation and decision-making by the Commission: |
| 1. | Where a commissioner or his or her spouse or former spouse is a perpetrator or victim in a case subject to clarifying the truth by the Commission; |
| 2. | Where a commissioner is or was a relative to a perpetrator or a victim in a case subject to clarifying the truth by the Commission; |
| 3. | Where a commissioner has been involved in any investigation or trial of a case subject to clarifying the truth by the Commission; |
| 4. | Where a commissioner has made a testimony or appraisal regarding a case subject to clarifying the truth by the Commission; |
| 5. | Where a commissioner is or was involved as an agent of the party in a case subject to clarifying the truth by the Commission. |
| (2) | If the circumstances indicate that it would be impracticable to expect fair deliberations and decisions of a commissioner, an applicant for a case subject to clarifying the truth or the relevant person subject to investigation may file a request for a challenge to such member with the Commission. |
| (3) | Where a commissioner deems that he or she falls under the grounds specified in any subparagraph of paragraph (1) or paragraph (2), such commissioner may voluntarily recuse from deliberation and decision-making by the Commission. |
| Article 12 (Proceedings of Meetings and Quorum to Adopt Resolutions) |
The relevant chairperson shall preside over meetings of the Commission and subcommittees, and except as otherwise provided in this Act, any decision thereof shall require the concurring vote of a majority of all the incumbent commissioners.
| Article 13 (Disclosure of Proceedings) |
The proceedings of the Commission shall be made public: Provided, That they may not be made public if deemed necessary by the Commission or subcommittees.
| Article 14 (Establishment of Secretariat) |
| (1) | A secretariat shall be established within the Commission to handle the administrative affairs of the Commission. |
| (2) | The secretariat shall have one secretary general and other staff members, and the secretary general shall be appointed by the President on the recommendation of the chairperson after the deliberation of the Commission. |
| (3) | Among staff members of the secretariat, public officials of Grade III or higher shall be appointed by the President on the recommendation of the chairperson, and public officials of Grade IV or lower shall be appointed by the chairperson on the recommendation of the secretary general. |
| (4) | The secretary general shall take charge of the administrative affairs of the secretariat and give directions to and supervise staff members of the secretariat, under the direction of the chairperson. |
| (5) | Matters necessary for the composition and operation of the secretariat shall be prescribed by the rules of the Commission. |
| Article 15 (Establishment of Advisory Organization) |
| (1) | The Commission may have an advisory organization in order to seek advice on matters which are necessary to perform its duties. |
| (2) | The members of the advisory organization under paragraph (1) shall be commissioned by the chairperson after resolution by the Commission, from among researchers in history, experts in forensic medicine, social and religious leaders, public officials with expert knowledge and experience, and persons representing related private organizations. |
| (3) | The Commission may establish an advisory organization in each subcommittee. |
| (4) | Matters necessary for the composition, operation, commission, etc. of an advisory organization shall be prescribed by the rules of the Commission. |
| Article 16 (Guarantee of Status of Staff Members) |
| (1) | No Commission staff member shall be forced to resign, take a leave of absence, be demoted, or be dismissed from office, against his or her will, except in cases where a sentence is final and conclusive or he or she is subject to disciplinary actions. |
| (2) | Commission staff members, with the exception of dispatched public officials, shall have the authority and responsibilities as public officials in special service under the State Public Officials Act for the operating period of the Commission. |
| Article 17 (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 effects of disciplinary actions, and other necessary matters therefor shall be prescribed by the rules of the Commission. |
| Article 18 (Composition and Operation of Commission) |
Except as provided in this Act, matters necessary for the composition, operation, etc. of the Commission shall be prescribed by Presidential Decree.
CHAPTER III DUTIES AND AUTHORITY OF COMMISSION
| Article 19 (Application for Clarifying Truth) |
| (1) | A deceased victim, victim, his or her bereaved family or relative, or any person with knowledge of particular facts about a case subject to clarifying the truth by the Commission may file an application for clarifying the truth with the Commission. |
| (3) | The scope of relatives and persons with knowledge of particular facts referred to in paragraph (1) shall be prescribed by Presidential Decree. |
| Article 20 (Methods of Filing Applications) |
| (1) | An application referred to in Article 19 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. | The name and address of the applicant; |
| 2. | The purpose of the application for clarifying the truth and the fact that constitutes the cause thereof. |
| (2) | Matters necessary for procedures, methods, etc. for filing an application under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 21 (Decision of Rejection) |
| (1) | Where an application for clarifying the truth falls under any of the following cases, the Commission shall reject the application without investigating the relevant case: |
| 1. | Where an application for clarifying the truth does not fall under any subject matter of investigation for clarifying the truth by the Commission; |
| 2. | Where the content itself of the application for clarifying the truth is deemed obviously false or groundless; |
| 3. | Where the application for clarifying the truth is filed again on the same facts with regard to which an earlier application was rejected by the Commission: Provided, That this shall not apply where the applicant submits important explanatory materials not submitted earlier. |
| (2) | Where an application for clarifying the truth falls under any of the subparagraphs of paragraph (1), the Commission shall reject the application even after it has decided to initiate an investigation. |
| Article 22 (Initiation of Investigations for Clarifying Truth) |
| (1) | If an application for clarifying the truth does not fall under any of the grounds for rejection specified in Article 21 (1), the Commission shall decide to initiate an investigation and conduct necessary investigations into the matters without delay. |
| (2) | Prior to a decision to initiate an investigation, the Commission may, if necessary, conduct a preliminary investigation for the purpose of determining whether to initiate an investigation. |
| (3) | If there are reasonable grounds to deem that a case of historical significance falls under cases subject to clarifying the truth, and if it is deemed that clarifying the truth is a matter of great importance, the Commission may investigate the case ex officio. |
| Article 23 (Methods for Conducting Investigations for Clarifying Truth) |
| (1) | In conducting an investigation, the Commission may take any of the following measures: |
| 1. | Requesting a person subject to investigation and an expert witness to submit a written statement; |
| 2. | Requesting a person subject to investigation and an expert witness to appear before the Commission, and hearing their statements; |
| 3. | Requesting a person subject to investigation, an expert witness, and other relevant institutions, facilities, organizations, etc. to submit relevant materials or articles, and keeping in custody submitted materials; |
| 4. | Inquiring of relevant institutions, facilities, organizations, etc. about facts or information deemed related to the investigation; |
| 5. | Designating an appraiser and requesting him or her to conduct appraisal. |
| (2) | If deemed necessary, the Commission may require commissioners or its staff members to take the measures specified in the subparagraphs of paragraph (1). |
| (3) | If necessary to take measures under the subparagraphs of paragraph (1), the Commission may request relevant agencies, such as the Ministry of the Interior and Safety and the Supreme Court, to submit data on personal information, such as resident registration data and family relationship registration data. In such cases, the relevant agency that receives such request shall submit the relevant data. <Newly Inserted on Jun. 9, 2020> |
| (4) | The Commission may require a commissioner or staff member of the Commission to conduct an on-site investigation on the relevant materials or articles, or institutions, facilities, and organizations (hereinafter referred to as "institution, etc.") at the places where the fact as a cause of a case subject to clarifying the truth occurred or other necessary places, by its resolution. <Amended on Jun. 9, 2020> |
| (6) | A commissioner or staff member who conducts the on-site investigation under paragraph (4) may request the institution, etc. subject to the on-site investigation to submit necessary materials or articles, and the institution, etc. requested to submit materials or articles shall comply with such request without delay. <Amended on Jun. 9, 2020> |
| (8) | Where it is deemed that the explanation is groundless as a result of the examination of the explanation under paragraph (7), the Commission may issue an order to submit materials or articles by its resolution. <Amended on Jun. 9, 2020> |
| (9) | Upon receipt of an order of the Commission to submit materials or articles with regard to an on-site investigation or clarifying the truth, the institutions, etc. shall not refuse to submit such materials or articles without good cause: Provided, That this shall not apply where the competent Minister (referring to the head of a relevant agency in cases of the agencies under the jurisdiction of the President or the Prime Minister) gives explanation that the materials or articles are related to national secrets of the military, diplomacy, or the South-North Korean relations and that the announcement thereof will have a crucial influence on the national security, within five days from the date of receipt of a request for materials or articles. <Amended on Jun. 9, 2020> |
| (10) | Notwithstanding the proviso of paragraph (9), the heads of institutions, etc. upon 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 Jun. 9, 2020> |
| Article 24 (Order of Accompanying) |
| (1) | If a person requested to appear under Article 23 (1) 2 who holds any decisive evidential material or information on the truth that had been distorted or concealed by the exercise, etc. of government power against democracy or human rights, or fails to comply with such request on at least three 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 contain the name and address of the relevant person, reasons for issuing the order of accompanying, the place of accompanying, the date the warrant is issued, the period of its validity, a statement that the warrant shall not be executed and shall be returned if the period of validity expires, and a statement that an administrative fine shall be imposed if the person refuses to comply with such order of accompanying, and it shall be signed and sealed by the chairperson. Where the name of the relevant person is unclear, his or her features, build, and other matters that may identify the relevant person may be indicated thereon, and where his or her address is unclear, the address may be omitted. |
| (3) | A warrant of accompanying shall be served by presenting it to the relevant person. |
| (4) | A warrant of accompanying shall be served by a staff member of the Commission. |
| (5) | A warrant of accompanying to an inmate in a correctional facility or detention center (including a military correctional facility or military detention center) shall be served by a correctional officer through delegation by a staff member of the Commission. |
| (6) | Where the relevant person is an active-duty soldier in a military camp, the commander of the unit to which the person belongs shall be obligated to cooperate with a staff member of the Commission in the service of the warrant of accompanying on such person. |
| Article 24-2 (Holding of Hearings) |
| (1) | The Commission may hold hearings by its resolution to hear testimony, appraisal, and statements from witnesses, appraisers, and expert witnesses and to adopt evidence, where deemed necessary to perform its duties. |
| (2) | The Commission shall not hold any hearing for the purpose of infringing the privacy of an individual or intervening in an ongoing court proceeding or the prosecution of a case under investigation. |
| (3) | No hearing shall be open to the public. |
| (4) | Procedures and methods for holding hearings by the Commission pursuant to paragraph (1) shall be prescribed by the rules of the Commission. |
[This Article Newly Inserted on Jun. 9, 2020]
| Article 24-3 (Requesting Attendance of Witnesses) |
| (1) | Where the Commission requests the submission of materials or articles or the attendance of witnesses, appraisers, and expert witnesses in relation to hearings, the chairperson shall issue a written request to the relevant persons or the heads of the relevant agencies. |
| (2) | Where the Commission requests the submission of materials pursuant to paragraph (1), the chairperson may require the materials to be submitted in writing, electronically, or as recorded on the magnetic tape or magnetic disk of a computer or other similar media, or to be entered in a computer network. |
| (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 expert witness shall attend, and the legal sanctions to be imposed for failure to comply with the request of the Commission, and a written request issued to a witness or an expert witness shall additionally state substantial issues to be examined. |
| (4) | A written request issued pursuant to paragraph (1) shall be served seven days prior to the date by which the materials or articles shall be submitted or the date a witness, appraiser, or expert witness shall attend. |
| (5) | The provisions of the Civil Procedure Act regarding the service of documents shall apply mutatis mutandis to the service of written requests referred to in paragraph (1). |
| (6) | A witness or an expert witness requested to attend may submit beforehand a written answer to the substantial issues to be examined. |
[This Article Newly Inserted on Jun. 9, 2020]
| Article 24-4 (Obligations of Witnesses to Attend) |
| (1) | Any person requested to submit materials or articles or to attend as a witness or appraiser pursuant to Article 24-3 (1) shall comply with such request, notwithstanding the provisions of other statutes. |
| (3) | Article 23 (9) shall apply mutatis mutandis where a person who is or was a public official receives a request for testimony. |
| (4) | Article 23 (7) through (10) shall apply mutatis mutandis to the request for the submission of materials or articles under Article 24-3 (1). |
[This Article Newly Inserted on Jun. 9, 2020]
| Article 24-5 (Oath by Witnesses) |
| (1) | Where the chairperson requires a witness to testify at a hearing or an appraiser to provide an appraisal at a hearing, the witness or appraiser shall be required to take an oath. |
| (2) | Where a person who attends a hearing as an expert witness consents to take an oath as a witness, such person may be examined as a witness. |
| (3) | The chairperson shall fully explain the meaning of an oath and inform that a punishment shall be imposed for perjury or a false expert opinion before a witness or expert witness takes an oath. |
[This Article Newly Inserted on Jun. 9, 2020]
| Article 24-6 (Protection of Witnesses) |
| (1) | A witness may be accompanied by counsel, who is an attorney-at-law, to a hearing 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) | No witness, appraiser, or expert witness shall be subjected to any unfavorable disposition, other than punishments prescribed by this Act, due to the testimony, appraisal, or statement provided at a hearing. |
[This Article Newly Inserted on Jun. 9, 2020]
| Article 24-7 (Verification) |
| (1) | Where necessary for hearings, the Commission may verify materials or articles deemed related to the case subject to investigation, by its resolution. |
| (2) | Where the Commission verifies materials or articles pursuant to paragraph (1), the chairperson shall issue a notice of conducting verification to a manager of the materials or articles subject to verification (in cases of a State agency, etc., referring to the head of the State agency). In such cases, the notice of conducting verification shall be delivered three days prior to the date of verification. |
| (3) | A notice of conducting verification given under paragraph (2) shall state commissioners who conduct verification, the purpose, subject matters, and methods of verification, the date, time, and place of verification, and other matters necessary for verification. |
| (4) | Article 23 (9) shall apply mutatis mutandis to verification under paragraph (1). |
| (5) | The provisions of the Civil Procedure regarding the service of documents shall apply mutatis mutandis to the service of a notice of conducting verification under paragraph (2). |
[This Article Newly Inserted on Jun. 9, 2020]
| Article 25 (Period of Investigation) |
| (1) | The Commission shall conduct activities to clarify the truth for three years from the date the first determination on initiation of the investigation for clarifying the truth is made, after its composition. <Amended on Jun. 9, 2020> |
| (2) | Where it is impracticable to complete activities to clarify the truth within the period specified in paragraph (1), the Commission may extend such period by up to one year after reporting on the extension to the President and the National Assembly, three months prior to the expiration of the period. <Amended on Jun. 9, 2020> |
| (3) | If it is deemed unnecessary to conduct an investigation even before the investigation period specified in paragraphs (1) and (2) expires, the Commission may terminate the investigation period by its resolution. |
| Article 26 (Decision that Truth Is Established) |
Where the truth is clarified upon completion of investigation, the Commission shall, by its resolution, make a decision on the findings that the truth has been established.
| Article 27 (Decision of Inability to Establish Truth) |
Where the Commission fails to clarify the truth or is unable to do so based on the findings of the investigation, it shall make a decision of inability to establish the truth, stating the reasons therefor.
| Article 28 (Notification of Decisions and Filing Objections) |
| (1) | Where the Commission makes a decision of rejection under Article 21, a decision to initiate an investigation under Article 22, a decision that the truth is established under Article 26, a decision of inability to establish the truth under Article 27, etc., it shall specify the reasons therefor and notify an applicant for clarifying the truth under Article 19 and a person subject to investigation and an expert witness under Article 23 thereof, without delay. |
| (2) | Where an applicant for clarifying the truth or a person subject to investigation dies or his or her whereabouts are unknown, the Commission shall notify his or her spouse or lineal ascendants or descendants of such fact. |
| (3) | In giving notice under paragraph (1) or (2), the Commission shall notify a person to notice of the matters regarding the filing of an objection, the procedures and period therefor, and other necessary matters. |
| (4) | Where a person notified under paragraph (1) or (2) is dissatisfied with the contents of notice, he or she may file an objection with the Commission in writing within 60 days from the date of receipt thereof. |
| (5) | The Commission shall make a decision on any objection filed, within 60 days from the date of receipt thereof, and shall notify the results thereof to the person who has filed the objection, in writing without delay. |
| (6) | Matters necessary for the procedures for filing an objection under paragraph (4) shall be prescribed by Presidential Decree. |
| Article 29 (Dispatch of Public Officials) |
| (1) | If it is deemed necessary for conducting the duties of the Commission, the chairperson may request any State agency or local government to dispatch its public officials or provide support necessary therefor. In such cases, the head of a State agency or local government upon receipt of the request for dispatch, etc. shall swiftly comply therewith unless there is any serious disruption to the performance of his or her duties. |
| (2) | Public officials dispatched to the Commission pursuant to paragraph (1) shall perform the duties of the Commission independently from the State agencies or local governments to which they belong. |
| (3) | The head of a State agency or local government that has dispatched public officials pursuant to paragraph (1) shall not take any disadvantageous measures as to the personnel affairs of the persons dispatched to the Commission. |
| Article 30 (Protection of Commissioners) |
| (1) | No one shall commit violence or intimidation against a commissioner, a staff member, or a member of an advisory organization who performs his or her duties, or obstruct the performance of his or her duties by deception. <Amended on Jun. 9, 2020> |
| (2) | No one shall commit violence or intimidation against a commissioner, a staff member, or a member of an advisory organization, with intent to compel him or her to do an act in the course of performing the duties, to deter him or her from doing it, or to resign him or her from the post. <Newly Inserted on Jun. 9, 2020> |
| (3) | No one shall obstruct the appearance, testimony, appraisal, or statement of a witness, appraiser, or expert witness or the submission of materials or articles by violence, threat, or deception. <Newly Inserted on Jun. 9, 2020> |
| (4) | No one 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 of a case subject to clarifying the truth. <Amended on Jun. 9, 2020> |
| (5) | The Commission shall devise measures necessary to protect an expert witness, a witness, or an appraiser of a case subject to clarifying the truth, to secure related materials, or to prevent the destruction thereof. <Amended on Jun. 9, 2020> |
| (6) | The Commission may provide necessary compensation or support to a person who reveals the truth of a case subject to clarifying the truth, or discovers or submits materials, etc. important in clarifying the truth, or may recommend that he or she be granted a pardon. Details of and procedures for such support or compensation and other necessary matters shall be prescribed by the rules of the Commission. <Amended on Jun. 9, 2020> |
| Article 31 (Protection of Persons Subject to Investigation) |
| (1) | No person shall disclose, through any newspaper, magazine, broadcasting (including Internet newspapers and broadcasting), or any other publications, that a person who held a particular position in any administrative agency, the military, judicial branch, organization, group, etc. committed any harmful act related to Article 2 during a period subject to the scope of clarifying the truth under that Article just because he or she held such particular position: Provided, That this shall not apply where such disclosure is true and serves 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 32 (1) or (2). |
| (3) | The Commission shall devise measures to protect privacy, honor, etc. of persons subject to investigation in the course of conducting investigations. |
| Article 32 (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 Commission 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 23, his or her spouse and lineal descendants, or any interested party. In such cases, a person who is to state his or her opinions may request the inspection of the evidentiary materials that serve the basis of the investigation report, and may hire a counsel. |
| (4) | A report referred to in paragraph (1) and a comprehensive report referred to in paragraph (2) shall contain recommendations for any of the following matters: <Amended on Mar. 21, 2023> |
| 1. | Measures that the State shall take to repair the harm to and restore the honor of victims or deceased victims in cases subject to clarifying the truth; |
| 2. | Measures that the State must take regarding cases subject to clarifying the truth for which the truth has not been clarified by investigations, as well as victims or deceased victims in such cases; |
| 3. | Measures that the State must take to prevent recurrence of cases subject to clarifying the truth; |
| 4. | Matters regarding rectifying, amending, and repealing relevant statutes and regulations, institutions, policies, and practices; |
| 5. | Matters regarding legal and political reconciliation measures for perpetrators in cases subject to clarifying the truth; |
| 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. | Other matters that the Commission deems necessary to accomplish the purpose of this Act. |
| (5) | Deleted. <Mar. 21, 2023> |
| (6) | Where the Commission has submitted a report to the President and the National Assembly pursuant to paragraphs (1) and (2), it shall disclose the relevant report without delay: Provided, That if the Commission decides that the disclosure is inevitable for promoting national security, national reconciliation, and development of democracy, it need not disclose part of the report. <Amended on Mar. 21, 2023> |
| (7) | The Commission shall not publish the details of an ongoing investigation of a case. |
| Article 32-2 (Duty of State Agency to Endeavor to Comply with Recommendations) |
| (1) | State agencies having jurisdiction over the recommendations specified in Article 32 (4) (hereinafter referred to as "competent State agencies") shall endeavor to respect and comply with the relevant recommendations. |
| (2) | The Minister of the Interior and Safety shall monitor and manage the status of compliance with the recommendations for the competent State agencies under paragraph (1). |
| (3) | The heads of the competent State agencies shall submit to the Minister of the Interior and Safety their plans to comply with the recommendations under their jurisdiction, which are included in a report, within three months from the date of submitting the report by the Commission under Article 32 (1) or (2); and when such recommendations are complied with, they shall submit the results of the measures taken. |
| (4) | Where the heads of the competent State agencies fail to comply with all or part of the recommendations, they shall submit a statement of causes therefor to the Minister of the Interior and Safety. |
| (5) | Except as provided in paragraphs (2) through (4), matters necessary for the submission, monitoring, etc. of the compliance plans, the results of measures taken, and causes for non-compliance shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 21, 2023]
| Article 33 (Obligations of State Agencies to Cooperate) |
| (1) | Relevant agencies, such as the State agencies and local governments, shall be obliged to provide proactive cooperation and convenience necessary for clarifying the truth for the performance of the Commission’s duties. |
| (2) | When it is deemed necessary to perform the duties, the Commission may delegate part of its duties to relevant agencies, such as local governments, or perform its duties jointly with other agencies. |
| (3) | Any State agency related to clarifying the truth may establish an internal commission to clarify the truth or any other special organization. |
CHAPTER IV MEASURES BY THE STATE AND COMMISSION FOR RECONCILIATION
| Article 34 (Obligations of the State) |
The State shall endeavor to repair the harm to and restore the honor of the victims of cases subject to clarifying the truth, take appropriate measures for legal and political reconciliation for the perpetrators, and take measures necessary for national reconciliation and integration.
| Article 35 (Prohibition of Disadvantage) |
No person shall give any disadvantage to any other person on the ground of the facts uncovered by this Act without legitimate proceedings.
| Article 36 (Repairing Harm and Restoring Honor) |
| (1) | The Government shall take appropriate measures to repair damage to and restore honor of deceased victims, victims, and their survivors according to the established truth. |
| (2) | Paragraph (1) shall not apply where the measures under paragraph (1) are in force by other statutes or regulations. |
| Article 37 (Recommendation on 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 concealed or distorted truth and to persons whose qualifications have been forfeited or suspended, as prescribed by the statutes or regulations; and the relevant State agencies shall respect the decisions and recommendations made by the Commission.
| Article 37-2 (Preparation and Correction of Family Relation Register) |
Notwithstanding the provisions of other statutes or regulations, where a victim's family relations register has not been prepared during the case for which a decision that the truth is established is made, or his or her family relations are incorrectly entered in his or her family relations register, the competent authorities may prepare his or her family relations register or correct matters in the records thereof in accordance with the procedure prescribed by the Rules of the Supreme Court, upon a determination made by the Commission.
[This Article Newly Inserted on Jun. 9, 2020]
| Article 38 (Reconciliation Measures against Perpetrators Who Reveal Full Truth) |
| (1) | Where a perpetrator voluntarily acknowledges his or her offense in the course of clarifying the truth and actively cooperates in clarifying the truth, and the matters he or she has acknowledged are true, 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 the criminal procedures, the Commission may recommend the President to grant him or her a special amnesty and reinstatement of rights, as prescribed by statutes or regulations. |
| (2) | The relevant State agencies shall respect the decisions and recommendations made by the Commission. |
| Article 39 (Reconciliation with Perpetrators, Victims, and Survivors) |
The Commission and the Government shall actively recommend reconciliation among a perpetrator, a victim, and his or her survivors to ensure repentance by the perpetrator and forgiveness by the victims and his or her survivors.
| Article 40 (Establishment of Foundation on the Research of the Past) |
| (1) | The Government may contribute funds to establish the Foundation on the Research of the Past which will conduct memorial projects and operate and manage archives. <Amended on Dec. 30, 2014> |
| (2) | Paragraph (1) shall not interfere with the contribution of funds in other forms. <Amended on Dec. 30, 2014> |
| (3) | The Foundation on the Research of the Past shall be in charge of the following projects: |
| 1. | Memorial projects and the operation and management of archives; |
| 2. | Support for further truth-seeking projects; |
| 3. | Support for cultural and academic activities related to truth-seeking; |
| 4. | Other necessary matters. |
| (4) | The independence of the Foundation on the Research of the Past shall be guaranteed. |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 41 (Confidentiality) |
None of the current or former commissioners, staff members, and appraisers, and experts or non-governmental organizations and the relevant persons thereof that participated in the investigation or performed any duty of the Commission as commissioned by the Commission shall provide or divulge any confidential information, documents, materials, or articles to others for any purpose other than performing the duties of the Commission.
| Article 42 (Prohibition of False Impersonation) |
No person shall exercise the authority of the Commission by falsely impersonating a commissioner of the Commission, a member of an advisory organization, or a staff member thereof.
| Article 43 (Prohibition of Use of Similar Names) |
No person, other than the Commission, shall use the name "Truth and Reconciliation Commission" or any similar name.
| Article 43-2 (Restriction on Organization of Victim Support Organization) |
No person shall form an organization for the purpose of making profits under the pretext of supporting victims or their survivors, or conduct a collective or individual action.
[This Article Newly Inserted on Jun. 9, 2020]
CHAPTER VI PENALTY PROVISIONS
| Article 44 (Legal Fiction as Public Official for Purposes of Applying Penalty Provisions) |
Commissioners or staff members of the Commission who are not public officials shall be deemed public officials for the purposes of penalty provisions under the Criminal Act or any other statute.
| Article 45 (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: <Newly Inserted on Jun. 9, 2020> |
| 1. | A person who interferes with the performance of the duties of a commissioner or staff member of the Commission or a member of an advisory organization by violence, threat, or deception, in violation of Article 30 (1); |
| 2. | A person who commits violence or intimidation against a commissioner or staff member of the Commission or a member of an advisory organization, with intent to compel him or her to do any act in the course of performing the duties, to deter him or her from doing it, or to resign him or her from the post, in violation of Article 30 (2); |
| 3. | A witness who provides false testimony or an appraiser who makes a false appraisal after taking an oath at a hearing. |
| (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: <Amended on Jun. 9, 2020> |
| 1. | A person who files a false application for clarifying the truth under Article 19, 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 publication in violation of Article 31 (1) or (2); |
| 3. | A person who fails to comply with an order to submit materials or articles related to a hearing without good cause; |
| 4. | A witness who refuses to attend a hearing, take an oath, or present testimony at the hearing without good cause; |
| 5. | An appraiser who refuses to take an oath or to conduct an appraisal at a hearing without good cause; |
| 6. | A person who interferes with the attendance of a witness, appraiser, or expert witness at a hearing or verification without good cause. |
| (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: <Amended on Jun. 9, 2020> |
| 1. | A person who provides or divulges any confidential information, etc. in violation of Article 41 or uses it for any other purpose than performing the duties of the Commission; |
| 2. | A person who exercises the authority of the Commission by falsely impersonating a commissioner, etc., in violation of Article 42; |
| 3. | A person who forms an organization for the purpose of making profits or conducts a collective or individual action, in violation of Article 43-2. |
| Article 46 (Mitigation of Punishment) |
| (1) | When a witness or appraiser who has taken an oath under this Act makes a false testimony or provides a false appraisal and confesses himself or herself before his or her offense is detected, the punishment may be mitigated or remitted. <Amended on Jun. 9, 2020> |
| (2) | The confession referred to in paragraph (1) shall be made before the Commission makes a final decision on the relevant case subject to clarifying the truth. |
| Article 47 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 30 million won: <Amended on Jun. 9, 2020> |
| 1. | An expert witness who makes a false statement (including the submission of a written statement) or a person who submits false materials or articles requested by the Commission for the purposes of interfering with activities to clarify the truth of the Commission; |
| 2. | A person who falsely replies to the inquiries made under Article 23 (1) 4; |
| 3. | A person who fails to comply with an order to submit materials or articles under Article 23 (8) without good cause. |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Newly Inserted on Jun. 9, 2020> |
| 1. | A person who refuses, evades, or obstructs an on-site investigation under Article 23 (4) without good cause; |
| 2. | A person who fails to comply with an order of accompanying prescribed in Article 24 without good cause; |
| 3. | A person who disadvantages a person who provided or intends to provide information regarding an investigation of a case subject to clarifying the truth, in violation of Article 30 (4); |
| 4. | A person who gives a disadvantage to other persons, in violation of Article 35; |
| 5. | A person who uses the name “Commission" or any similar name in violation of Article 43. |
| (3) | An administrative fine under paragraph (1) or (2) shall be imposed by the chairperson, as prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
ADDENDA <Act No. 7542, May 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the appointment of the commissioners and staff members of the Commission, the enactment of its rules regarding the enforcement of this Act, and the preparation for its establishment may be conducted before this Act enters into force.
Article 2 (Applicability to Commencement of Term of Office of Commissioners)
The term of office of the commissioners appointed pursuant to this Act shall be deemed to begin on the date this Act enters into force.
Article 3 (Transitional Measures concerning Truth-Seeking of Suspicious Deaths including Those in Military)
| (1) | Where a petitioner files for reinvestigation of cases received by the Truth Commission on Suspicious Deaths under the Special Act on Finding the Truth on Suspicious Deaths, for which the investigation for clarifying the truth has not been completed or has been insufficient due to limitation of the investigation period, and if the Commission deems it necessary to clarify the truth additionally, the Commission may decide to initiate the investigation for clarifying the truth pursuant to Article 22. |
| (2) | In cases of investigation referred to in paragraph (1), the prescription of a prosecution related to the case subject to clarifying the truth shall be suspended only in the case where the prescription of a prosecution has not expired, from the time when the relevant criminal act is completed to the date when an accusation or investigation is requested. |
ADDENDUM <Act No. 12920, Dec. 30, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 17392, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Preparation for Enforcing This Act)
Preparations for the composition of the Commission, such as the appointment of its commissioners and staff members who conduct activities to clarify the truth according to the enforcement of this Act and for the establishment of necessary organizations including the secretariat, the enactment of and amendment to the rules of the Commission necessary for the enforcement of this Act, and other preparations for the enforcement of this Act may be performed before this Act enters into force.
Article 3 (Applicability to Commencement of Terms of Office of Commissioners)
The term of office of the members appointed pursuant to this Act shall be deemed to begin on the date this Act enters into force.
Article 4 (Applicability to Counting of Investigation Period)
The investigation period under the amended provisions of Article 25 (1) shall be counted from the date the Commission decides to initiate the investigation for clarifying the truth for the first time according to the enforcement of this Act. Article 5 (Applicability to Preparation and Correction of Family Relation Register)
The amended provisions of Article 37-2 shall also apply to a victim of a case for which a decision that the truth is established was made by the former Commission pursuant to the previous provisions. Article 6 (Transitional Measures concerning Clarifying Truth)
Where an applicant files for reinvestigation of cases received by the former Commission pursuant to the previous provisions, in which clarifying for the truth has not been completed or has been insufficient due to limitation of the investigation period, and if the Commission deems it necessary to clarify the truth additionally, it may decide to initiate the investigation for clarifying the truth pursuant to Article 22. Article 7 (Transitional Measures concerning Succession to and Management of Investigation Records)
| (1) | Investigation records and materials collected by the former Commission under the previous provisions shall be succeeded to and managed by the newly organized Commission according to the enforcement of this Act. |
| (2) | Where the Commission newly organized pursuant to the enforcement of this Act requests the provision, inspection, etc. of a copy of archives created or collected by the former Commission, an archives management institution under subparagraph 4 of Article 3 of the Public Records Management Act shall fully cooperate therein. |
ADDENDA <Act No. 19271, Mar. 21, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Management of Compliance with Recommendations)
The amended provisions of Article 32-2 (2) through (5) shall begin to apply where an investigation report is reported to the President and the National Assembly after this Act enters into force.