CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to promote the recovery of the community and to build and establish a safe society by finding truth and locating the responsibility, such as the cause of the occurrence of the October 29 Itaewon Disaster, the recovery process, and follow-up measures, and by commemorating the victims, guaranteeing the rights of the sufferers, and formulating measures to prevent recurrence.
The terms used in this Act are defined as follows:
| 1. | The term "October 29 Itaewon Disaster" means an incident that occurred on October 29, 2022, in which massive victims and sufferers occurred in a crowded environment near 119-3 and 119-6 Itaewon-dong, Yongsan-gu, Seoul; |
| 2. | The term "victim" means a person who died as at the time of the October 29 Itaewon Disaster or a person who died due to physical or mental damage caused by the October 29 Itaewon Disaster; |
| 3. | The term "sufferer" means any of the following persons: |
| a. | A victim's spouse (including the de facto spouse; hereinafter the same shall apply), direct ascendant, or sibling (hereinafter referred to as "bereaved family member"); |
| b. | A person who is recognized as having suffered damage due to the October 29 Itaewon Disaster, under Article 52, among the following persons: |
1) A person who participated in emergency rescue and recovery efforts as at the time of the October 29 Itaewon Disaster (excluding public officials who participated in rescue and recovery efforts as part of their duties);
2) A person who was operating a place of business or working near the relevant area as at the time of the October 29 Itaewon Disaster;
3) Other people who have suffered physical, mental, or economic damage due to the October 29 Itaewon Disaster and need recuperation;
| 4. | The term "affected area" means an area declared as a special disaster area under the Framework Act on the Management of Disasters and Safety in relation to the October 29 Itaewon Disaster; |
| 5. | The term "organization of bereaved families" means an organization comprised of at least 100 bereaved family members. |
| Article 3 (Rights of sufferers) |
A sufferer has the following rights during all processes, including the fact-finding investigation of the October 29 Itaewon Disaster and relief to sufferers:
| 1. | The right to receive necessary information and participate in government administration, including the fact-finding investigation process; |
| 2. | The right to be protected from discrimination and hatred and receive assistance as needed; |
| 3. | The right to the protection of personal information and privacy; |
| 4. | The right to give or receive remembrance, tributes, and condolences; |
| 5. | The right to receive necessary support, including living assistance, medical assistance, psychological treatment support, and legal assistance; |
| 6. | The right to participate in follow-up programs such as memorial programs and community restoration programs; |
| 7. | The right to remedy and compensation; |
| 8. | Other rights of sufferers recognized in accordance with the Constitution of the Republic of Korea and international human rights treaties. |
| Article 4 (Responsibilities of the State and local governments) |
| (1) | The State and a relevant local government (hereinafter referred to as "State, etc.") shall formulate and implement comprehensive policy measures to protect sufferers' rights, including damage relief and support for sufferers. |
| (2) | The State, etc. shall actively cooperate in performing duties to protect the rights of sufferers, such as fact-finding, damage relief, and support under this Act. |
| (3) | The State shall take budgetary measures necessary to guarantee the rights of sufferers and provide support to the affected area. |
| Article 5 (Relationship to Other Statutes) |
This Act shall take precedence over other statutes in relation to the fact-finding investigation and damage relief in relation to the October 29 Itaewon Disaster.
CHAPTER II SPECIAL INVESTIGATION COMMISSION TO FIND TRUTH OF OCTOBER 29 ITAEWON DISASTER AND PREVENT RECURRENCE
SECTION 1 COMPOSITION AND OPERATION OF INVESTIGATION COMMISSION
| Article 6 (Establishment of National Commission for the Investigation of the October 29 Itaewon Disaster) |
| (1) | A National Commission for the Investigation of the October 29 Itaewon Disaster (hereinafter referred to as the "Investigation Commission") shall be established to find the truth about the cause and locate the responsibility of the October 29 Itaewon Disaster. |
| (2) | The Investigation Commission performs the following duties: |
| 1. | Matters regarding finding the cause and locating responsibility for the October 29 Itaewon Disaster; |
| 2. | Matters regarding the investigation of the appropriateness of the entire process encompassing disaster prevention, preparedness, response, and recovery by the State in relation to the October 29 Itaewon Disaster; |
| 3. | Matters regarding the improvement or establishment of measures for statutes and regulations, systems, policies, practices, etc. related to disaster and safety management to prevent recurrence of disasters similar to the October 29 Itaewon Disaster; |
| 4. | Matters regarding the investigation into the actual state of damage, including the violation of the rights of victims and sufferers, and relief measures following the October 29 Itaewon Disaster; |
| 5. | Matters regarding the monitoring and improvement of measures to support sufferers; |
| 6. | Matters regarding the establishment and amendment of rules regarding the operation of the Investigation Commission; |
| 7. | Other matters deemed necessary by the Investigation Commission to attain the purpose of this Act. |
| Article 7 (Independence of Investigation Commission) |
The Investigation Commission shall perform the duties under its purview independently.
| Article 8 (Composition of Investigation Commission) |
| (1) | The Investigation Commission shall be composed of 9 commissioners, including 3 standing commissioners. |
| (2) | The Investigation Commission shall be composed of 9 commissioners recommended by the National Assembly and appointed by the President, from among those who fall under any of the following subparagraphs (1 commissioner recommended by the Speaker of the National Assembly in consultation with respective negotiation bodies, 4 commissioners recommended by the negotiation body of the party to which the President belongs or previously belonged, and 4 commissioners recommended by the other negotiation bodies; and out of the standing commissioners, 1 shall be recommended by the Speaker of the National Assembly, another by the negotiation body of the party to which the President belongs or previously belonged, and the 3rd by the other negotiation bodies): |
| 1. | A person with extensive knowledge of and experience in the fact-finding of disasters, suspicious deaths, etc. and a high level of morality; |
| 2. | A person who has been engaged in human rights-related activities, such as working at the National Human Rights Commission, a non-profit, non-governmental organization or corporation, or an international organization in the field of human rights, for at least 5 years; |
| 3. | A person who has worked in a field related to disaster management and safety management or emergency rescue for at least 5 years; |
| 4. | A person who has held a position equivalent to or higher than an assistant professor in the field of disaster, firefighting, or police science at a university or an accredited research institute for at least 5 years. |
| 5. | A person who has served as a judge, prosecutor, military judge advocate, or attorney-at-law for at least 5 years. |
| (3) | One chairperson shall be elected from among the standing commissioners by resolution of the Investigation Commission. |
| (4) | The chairperson and standing commissioners shall be public officials in political service. |
| (5) | The term of office of the chairperson and commissioners shall last until the Investigation Commission's operational period ends; provided, if the Investigation Commission's operational period is extended, the term of office shall be extended by the extended operational period. |
| (6) | If a vacancy occurs during the term of office of a commissioner, a person with the authority to recommend the commissioner shall recommend such commissioner's successor within 30 days from the date the vacancy occurs, and the President shall immediately appoint the recommend person as a commissioner. |
| Article 9 (Operational period of Investigation Commission) |
| (1) | The Investigation Commission shall complete its activities within 1 year from the date the decision to initiate the investigation is made for the first time under Article 27; provided, if it is impracticable to complete its activities within that period, the Investigation Commission may extend the operational period by up to 3 months only once by resolution. |
| (2) | Notwithstanding the proviso of paragraph (1), if necessary for the preparation and publication of a comprehensive report and white paper under Article 46 after the completion of the investigation activities, the Investigation Commission may extend the operational period by an additional 3 months only once upon resolution of the Investigation Commission. |
| Article 10 (Duties of chairperson) |
| (1) | The chairperson shall represent the Investigation Commission and have general supervision and control its duties. |
| (2) | When the chairperson is unable to perform their duties due to any unavoidable cause, a standing commissioner designated in advance by the chairperson shall act on behalf of the chairperson. |
| (3) | The chairperson may recommend the President to submit a bill regarding the business affairs under their jurisdiction. |
| (4) | For the purpose of performing the budget-related duties of the Investigation Commission, the chairperson shall be deemed the head of a central government agency under Article 6 of the National Finance Act. |
| Article 11 (Independence and protection of status of commissioners in performing their duties) |
| (1) | Members shall perform their duties independently without any external instruction or interference. |
| (2) | No commissioner shall be dismissed from office against their will, except for cases falling under any of the following subparagraphs: |
| 1. | Where a commissioner has substantial difficulty in performing their duties due to a physical or mental disability; |
| 2. | Where a commissioner obstructs the fair performance of duties by the Investigation Commission; |
| 3. | Where a sentence of imprisonment without labor or more severe punishment imposed on a commissioner becomes final and conclusive. |
| (3) | In cases falling under subparagraphs 1 or 2 of paragraph (2), a commissioner may be required to resign by a resolution with the concurring vote of at least 2/3 of the commissioners of the Investigation Commission. |
| Article 12 (Prohibition of commissioners from holding dual office) |
| (1) | A standing commissioner shall neither hold any of the following positions nor perform any of the following duties while in service: |
| 1. | A public official of any other State agency or local government (excluding an educational official); |
| 2. | Other positions or duties prescribed by the rules of the Investigation Commission. |
| (2) | No commissioner shall engage in political activities. |
| Article 13 (Disqualification of commissioners) |
| (1) | No person falling under any of the following subparagraphs shall become a commissioner: |
| 1. | A person who falls under any subparagraph of Article 33 of the State Public Officials Act; |
| 2. | A commissioner of a political party; |
| 3. | A person registered as a candidate (including a preliminary candidate) for an election held under the Public Official Election Act; |
| 4. | A person subject to investigation for directly or indirectly causing the October 29 Itaewon Disaster. |
| (2) | A commissioner shall ipso facto resign from office, if they fall under any of the subparagraphs of paragraph (1). |
| Article 14 (Exclusion of, challenge to, and recusal by, commissioners) |
| (1) | If a commissioner or their current or former spouse is or was a relative (relative defined in Article 777 of the Civil Act) with the subject of the investigation, the commissioner shall be excluded from deliberation and resolution on matters related to the person subject to the investigation; provided, this shall not apply if the sufferer is the subject of the investigation. |
| (2) | If there are circumstances that make it impracticable to expect fairness in deliberation and resolution from a commissioner, the subject of the investigation and the applicant for the investigation may file a request for challenge against the commissioner with the Investigation Commission. In such cases, if the Investigation Commission deems that the request for challenge is reasonable, it shall determine to challenge the commissioner. |
| (3) | A commissioner against whom a request for challenge is filed shall not participate in decision-making under paragraph (2). |
| (4) | If a commissioner finds them falling under the grounds provided in paragraph (1) or (2), they may recuse themselves from the deliberation or resolution of the Investigation Commission. |
| Article 15 (Quorum for proceedings and quorum for resolution) |
A meeting of the Investigation Commission shall be presided over by the chairperson, and except as otherwise provided in this Act, any resolution thereof shall require the attendance of a majority of the commissioners and the concurring vote of a majority of those present.
| Article 16 (Disclosure of proceedings) |
| (1) | The proceedings and results of a meeting of the Investigation Commission shall be made public; provided, the Investigation Commission may not make them public if it deems it necessary. |
| (2) | If it has been decided not to disclose the proceedings and results of a meeting under the proviso of paragraph (1), the Investigation Commission may provide information on the progress of the investigation upon application by a sufferer. |
| (3) | The disclosure under paragraph (1) shall be made in the form of disclosure of meeting minutes, attendance at the meeting, broadcasting, or relay via the Internet, etc. |
| (4) | Matters necessary for the disclosure of the proceedings and results of a meeting shall be prescribed by the rules of the Investigation Commission. |
| Article 17 (Quota of employees of Investigation Commission) |
| (1) | The quota of staff of the Investigation Commission, excluding its commissioners, shall be up to 60, and shall be prescribed by Presidential Decree in consideration of the opinions of the Investigation Commission. |
| (2) | Except as provided in this Act, matters necessary for the organization of the Investigation Commission shall be prescribed by Presidential Decree in consideration of the opinions of the Investigation Commission, and matters necessary for the operation of the Investigation Commission shall be prescribed by the rules of the Investigation Commission. |
| Article 18 (Establishment of subcommissions) |
| (1) | The Investigation Commission may establish subcommissions to perform some of its duties. |
| (2) | The chairperson of a subcommission shall be appointed by the chairperson from among the standing commissioners. |
| (3) | The chairperson of a subcommission shall administer the duties of the relevant subcommission and direct and supervise staff under their purview, under the direction of the chairperson. |
| (4) | Article 15 shall apply mutatis mutandis to the proceedings and results of, and quorum for resolution of, the meetings of a subcommission. |
| (5) | Except as provided in this Act, matters necessary for the organization and operation of a subcommission shall be prescribed by the rules of the Investigation Commission. |
| Article 19 (Establishment of secretariat) |
| (1) | In order to handle the business affairs of the Investigation Commission, a secretariat shall be established within the Investigation Commission. |
| (2) | The secretariat shall have 1 secretary general and necessary staff, and the secretary general shall be appointed by the President upon the recommendation of the chairperson after deliberation by the Investigation Commission. |
| (3) | Among the staff of the secretariat, public officials of Grade III or higher or public officials belonging to the Senior Civil Service shall be appointed by the President upon the recommendation of the chairperson after deliberation by the Investigation Commission, and public officials of Grade IV or lower shall be appointed by the chairperson upon the recommendation of the secretary general. |
| (4) | The secretary general shall manage the business affairs of the secretariat and shall direct and supervise the staff under their purview, under the direction of the chairperson. |
| (5) | Except as provided in this Act, matters necessary for the organization and operation of the secretariat shall be prescribed by the rules of the Investigation Commission. |
| Article 20 (Establishment of Documentation and Records Unit) |
| (1) | The Investigation Commission and subcommissions may establish an advisory body for the purpose of obtaining advice on matters necessary for performing their duties. |
| (2) | The commissioners of the advisory body under paragraph (1) shall be appointed by the chairperson after deliberation by the Investigation Commission. |
| (3) | Except as provided in this Act, matters necessary for the organization and operation of the advisory body shall be prescribed by the rules of the Investigation Commission. |
| Article 21 (Protection of staff status) |
| (1) | No staff of the Investigating Commission shall be retired, suspended from office, demoted, or dismissed from office against their will, in the absence of a final and conclusive judgment or disciplinary action. |
| (2) | Except for dispatched public officials, the staff of the Investigation Commission shall be deemed public officials in extraordinary civil service under the National Civil Service Act during the period in which the Investigation Commission continues its activities. |
| Article 22 (Disciplinary committee) |
| (1) | A disciplinary committee shall be established to resolve on disciplinary measures against the Investigation Commission staff. |
| (2) | The composition, authority, and deliberation procedures of the disciplinary committee, types and effects of disciplinary actions, and other matters necessary for disciplinary actions shall be prescribed by the rules of the Investigation Commission. |
| Article 23 (Dispatch of public officials) |
| (1) | If the chairperson deems it necessary for the performance of the duties of the Investigation Commission, they may request State agencies, local governments, and public agencies under Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as "State agency, etc.") to dispatch public officials or staff under their jurisdiction and provide necessary support. In such cases, the head of the national agency, etc. in receipt of the request for dispatch, etc. shall cooperate therewith within 30 days unless they can prove that there is a significant impediment to the performance of duties. |
| (2) | Public officials or staff dispatched to the Investigation Commission under paragraph (1) shall perform the duties of the Investigation Commission independently from the State agencies to which they belong. |
| (3) | No State agencies, etc. which have dispatched public officials or staff under paragraph (1) shall take any unfavorable measures against the public officials or staff in personnel matters. |
| (4) | A State agency, etc. shall comply with the request of the chairperson to withdraw dispatch. |
| (5) | Notwithstanding Article 17(1), a separate quota of personnel shall be deemed to exist for public officials or staff dispatched to the Investigation Commission under paragraph (1). In such cases, the quota of personnel shall not exceed 30 persons. |
| (6) | Matters regarding the number and placement of public officials or staff dispatched by State agencies, etc. shall be prescribed by Presidential Decree in consideration of the opinions of the Investigation Commission. |
SECTION 2 FACT-FINDING INVESTIGATION
| Article 24 (Fact-finding investigation) |
The Investigation Commission shall ex officio conduct a fact-finding investigation on the October 29 Itaewon Disaster (hereinafter referred to as the "investigation"), and may conduct investigation related to the duties stipulated in Article 6(2), upon application by a sufferer.
| Article 25 (Application for investigation) |
| (1) | An application under Article 24 (hereinafter referred to as "application for investigation") shall be filed in the form of a document containing the following items; provided, in cases where there are special circumstances that make it impossible to do so in writing, the application may be made orally: |
| 1. | The name and address of the applicant; |
| 2. | The purpose of the application for investigation and the fact that constitutes the cause thereof. |
| (2) | The Investigation Commission shall hear the applicant's opinion. |
| (3) | Matters necessary for the procedures and methods of applying for investigation shall be prescribed by the rules of the Investigation Commission. |
| Article 26 (Decision of dismissal without prejudice) |
| (1) | If an application for investigation falls under any of the following subparagraphs, the Investigation Commission shall dismiss without prejudice the case without investigating it: |
| 1. | Where the application for investigation is outside the scope of investigation by the Investigation Commission; |
| 2. | Where the contents of the application for investigation are deemed clearly false or ill-founded; |
| 3. | Where an application for investigation is made regarding the same facts as an application for investigation rejected without prejudice by the Investigation Commission; provided, this does not apply if the applicant submits important explanatory materials that were not submitted with the previous application for investigation. |
| (2) | Even after the decision to initiate investigation under Article 27(1), the Investigation Commission shall dismiss without prejudice the application for investigation if the application falls under any of the items of paragraph (1). |
| Article 27 (Commencement of investigation) |
| (1) | The Investigation Commission shall decide to initiate an investigation by resolution. |
| (2) | If necessary, the Investigation Commission may conduct a preliminary investigation for a decision to initiate an investigation within 30 days prior to making the decision to initiate an investigation. |
| Article 28 (Methods of investigation) |
| (1) | The Investigation Commission may conduct an investigation by any of the following methods: |
| 1. | Requesting the subject of investigation and reference witnesses to submit written statements; |
| 2. | Requesting appearance of the subject of investigation and reference witnesses and hearing their statements; |
| 3. | Requesting the subject of investigation, a reference witness, and other relevant organizations, facilities, and groups to submit materials or things deemed necessary for the Investigation Commission's duties under Article 6(2), and storing submitted materials or things; |
| 4. | Making fact-finding inquiries to relevant institutions, establishments, organizations, etc.; |
| 5. | Designating an appraiser and requesting them to make an appraisal; |
| 6. | Conducting an on-site investigation of a place, facility, materials, or things by entering a place deemed necessary for the performance of duties of the Investigation Commission under Article 6(2). |
| (2) | If the Investigation Commission takes measures such as making a request in accordance with paragraph (1), the person in receipt of such request shall comply therewith without delay. |
| (3) | Articles 147 through 149 and Article 244-(3) of the Criminal Procedure Act shall apply mutatis mutandis where the Investigation Commission hears statements under paragraph (1)2. |
| (4) | If the Investigation Commission requests the submission of materials or things in accordance with paragraph (1)3, Articles 110 through 112, 129 through 131, and 133 of the Criminal Procedure Act shall apply mutatis mutandis; provided, if the request for the submission of materials or objects is rejected, the reason for such rejection shall be specifically explained. |
| (5) | If the Investigation Commission deems it necessary, it may have its commissioners or staff take the measures specified in the subparagraphs of paragraph (1). |
| (6) | When the Investigation Commission exercises its authority under paragraph (1), the commissioner or staff exercising such authority shall carry identification verifying such authority and present it to relevant persons. |
| (7) | When conducting an investigation, the Investigation Commission may conduct an investigation through perusal, copying, requesting submission of copies, etc. (hereafter in this Article referred to as "perusal, etc.") of investigation records, trial records, and other records (hereafter in this Article referred to as "investigation records, etc.") for the following items; in such cases, paragraphs (1) through (6), Article 29, and Articles 33 through 37 shall not apply: |
| 1. | Facts confirmed through the investigation by the Special Commission on Parliamentary Investigation to Find the Truth of the Yongsan Itaewon Disaster and Prevent Recurrence; |
| 2. | Confirmed facts of a case in which a criminal trial is pending or has been finalized. |
| (8) | If the Investigation Commission requests the perusal, etc. of investigation records, etc. in accordance with paragraph (7), the person in receipt of such request shall comply therewith without delay. |
| Article 29 (Order of accompanying) |
| (1) | If a person who has been requested to appear under Article 28(1)2 and is recognized as possessing crucial evidence or information related to the investigation by the Investigation Commission (excluding witnesses, appraisers, or reference witnesses at a hearing) fails to comply with the request for appearance more than twice without good cause, the Investigation Commission may issue an order of accompanying by resolution. |
| (2) | The order of accompanying under paragraph (1) shall specify the name and residence of the subject of the order, the reason for issuing the order of accompanying, the place to be accompanied, the date of issuance, the effective period, and statement to the effect that the order cannot be executed after the period has elapsed and the written order shall be returned, and that those who refuse to comply with the order without good cause may be punished, and the chairperson shall sign and stamp it. If the subject's name is unclear, the appearance, physique, or other details of the subject of the order that can identify the subject may be indicated, and if the residence is unclear, the residence may be omitted. |
| (3) | An order of accompanying shall be served by presenting it to the relevant person. |
| (4) | The order of accompanying shall be executed by staff of the Investigation Commission. |
| (5) | The execution of an order of accompanying for the subject of the order incarcerated in a prison or detention center (including a military prison or detention center) shall be executed by correctional officials under authority delegated from the staff of the Investigation Commission. |
| (6) | If the subject of an order of accompanying is an active-duty soldier who is within the base, the commanding officer of the unit the subject belongs has a duty to cooperate with the execution of the order of accompanying by staff of the Investigation Commission. |
| Article 30 (Filing accusation and requesting investigation) |
| (1) | If the Investigation Commission determines that the results of the investigation are true and that there is a criminal suspicion, it shall file an accusation with the head of the investigative agency; provided, if the accused is a military personnel or a civilian worker in the military, it shall file an accusation with the Chief of Staff of the military branch to which the accused belongs or to the Minister of National Defense. |
| (2) | If the Investigation Commission recognizes that there is a considerable probability of a criminal suspicion in the course of an investigation, it may request an investigative agency to conduct an investigation. |
| (3) | The head of an investigative agency shall take necessary measures, such as providing material and personnel support, to ensure that the investigation of a case based on an accusation filed by the Investigation Commission is conducted fairly and objectively. |
| (4) | The Investigation Commission may request the Minister of Justice to prohibit or suspend the departure of a person against whom it has filed an accusation or requested investigation. |
| Article 31 (Investigation and trial period) |
| (1) | The investigation and trial of a case based on an accusation filed by the Investigation Commission shall be conducted promptly, with priority over other cases. The criminal investigation of a case based on an accusation filed by the Investigation Commission shall be concluded within 3 months from the date the accusation is filed, and the judgment of first instance shall be rendered within 6 months from the date of filing of the indictment, and the judgment of second or third instance shall be rendered, respectively, within 3 months from the date the judgment of the preceding instance is made. |
| (2) | For the purposes of paragraph (1), the period referred to in Articles 361, 361-3(1) and (3), 377 and 379(1) and (4) of the Criminal Procedure Act shall be 7 days, respectively. |
| Article 32 (Request for audit by Board of Audit and Inspection) |
| (1) | The Investigation Commission may request the Board of Audit and Inspection to audit public officials who are deemed to have disciplinary grounds as stipulated in the State Public Officials Act or other statutes or regulations according to its investigation results, upon resolution of the Investigation Commission. In such cases, the Board of Audit and Inspection shall notify the Investigation Commission of the audit results within 3 months from the date of receiving the audit request. |
| (2) | If the Board of Audit and Inspection fails to complete the audit within the period specified in paragraph (1) due to special reasons, it may submit an interim report to the Investigation Commission and request an extension of the audit period. In such cases, the chairperson may consent to an extension of the audit period by up to 2 months. |
| Article 33 (Conduct of hearings) |
| (1) | If the Investigation Commission deems it necessary for performing its duties, it may by resolution hold a hearing to hear testimony, appraisal, and statements from witnesses, appraisers, and reference witnesses (hereinafter referred to as "witness, etc.") and to adopt evidence. |
| (2) | No hearing shall infringe upon the privacy of individuals nor be conducted for the purpose of interfering in any pending trial or prosecution of a case under investigation. |
| (3) | A hearing shall be held in public; provided, in cases falling under any of the following subparagraphs, all or part of the hearing need not be held in public, subject to resolution of the Investigation Commission. |
| 1. | Where it is obvious that an individual's reputation or privacy is likely to be unduly violated; |
| 2. | Where it is obvious that information affecting a pending trial or the prosecution of a case under investigation is likely to be divulged; |
| 3. | Where confidentiality shall be maintained by other statutes and it is deemed necessary to keep the information confidential. |
| (4) | If it is decided not to hold all or part of a hearing in public under the proviso of paragraph (3), the Investigation Commission may provide information on the progress of the hearing upon application by a sufferer. |
| (5) | Except as provided in this Act, matters necessary for the procedures and methods of hearings shall be prescribed by the rules of the Investigation Commission. |
| Article 34 (Support from the State) |
The Investigation Commission may request a State agency, etc. to provide cooperation, administrative support, and other conveniences necessary to conduct a hearing, and the relevant agency shall comply therewith unless there is a compelling reason not to do so.
| Article 35 (Request for appearance of witnesses) |
| (1) | When the Investigation Commission requests the submission of materials or things or appearance of witnesses, etc. in relation to a hearing, the chairperson shall issue a written request to the relevant person or the head of the relevant agency. |
| (2) | In the case of a request the submission of materials under paragraph (1), the chairperson may require the materials to be submitted in writing, electronically, or recorded on a magnetic tape or computer disk or other media similar thereto, or to be entered via an electronic network. |
| (3) | The written request under paragraph (1) shall specify the date, time, and place to submit materials or things or for witnesses, etc. to appear, and legal sanctions for failure to comply with the request. In the case of a witness or reference witness, the gist of the examination to be made shall also be included. |
| (4) | The written request under paragraph (1) shall be served at least 7 days before the date the materials or things are required to be submitted or the witness, etc. to appear. |
| (5) | Provisions of the Civil Procedure Act regarding the service of documents shall apply mutatis mutandis to the service of written requests under paragraph (1). |
| (6) | A witness or a reference witness requested to appear may submit in advance a written answer to the gist of the examination to be made. |
| Article 36 (Duty of witnesses to appear) |
| (1) | Anyone requested to submit materials or things or appear as a witness, etc. by the Investigation Commission under Article 35(1) shall comply with the request, notwithstanding the provisions of other statutes or regulations, except as provided in this Act. |
| (2) | Articles 3 and 4(1) of the Act on Testimony and Appraisal before the National Assembly shall apply mutatis mutandis to persons requested to submit materials or things or to appear as a witness, etc. by the Investigation Commission under Article 35(1). |
| Article 37 (Oath of witnesses, etc.) |
| (1) | If the chairperson requires a witness to testify at a hearing or an appraiser to give an appraisal at a hearing, the witness or appraiser shall be required to take an oath. |
| (2) | If a person who attends a hearing as a reference witness consents to take an oath as a witness, such person may be examined as a witness. |
| (3) | The chairperson shall specify the purport of an oath and inform that there is a penalty for perjury or a false appraisal, before a witness or appraiser takes an oath. |
| (4) | Article 157 of the Criminal Procedure Act shall apply mutatis mutandis where a person takes an oath as a witness under paragraphs (1) and (2). |
| (5) | Article 170 of the Criminal Procedure Act shall apply mutatis mutandis where an appraiser takes an oath under paragraph (1). |
| Article 38 (Protection of witnesses) |
| (1) | A witness, etc. may be accompanied by an attorney-at-law to a hearing and receive advice on their legal rights. In such cases, the attorney-at-law shall submit a document proving their qualifications as an attorney-at-law. |
| (2) | Except for the punishment provided in this Act, a witness, etc. shall not be subject to any other unfavorable treatment on the grounds of testimony, appraisal, or statement they made at a hearing. |
| Article 39 (Verification) |
| (1) | If necessary for a hearing, the Investigation Commission may, upon resolution by the Investigation Commission, verify materials or things deemed to be related to the October 29 Itaewon Disaster. |
| (2) | If intending to verify materials or things under paragraph (1), the chairperson shall give notice of verification to the manager of the materials or things subject to verification (in case of a State agency, etc., referring to the head of the State agency). In such cases, the notice of verification shall be delivered 3 days prior to the scheduled verification date. |
| (3) | The notice of verification under paragraph (2) shall specify commissioners of the Investigation Commission to conduct verification, the purpose of verification, materials or things subject to verification, methods for verification, the date, time, and place of verification, and other matters necessary for verification. |
| (4) | Article 4(1) of the Act on Testimony and Appraisal before the National Assembly shall apply mutatis mutandis to State agencies, etc. |
| (5) | Provisions of the Civil Procedure Act regarding the service of documents shall apply mutatis mutandis to the service of notice of verification under paragraph (2). |
SECTION 4 ACTIVITIES OF THE INVESTIGATION COMMISSION
| Article 40 (Delegation and entrustment of duties) |
| (1) | If the Investigation Commission deems it necessary, it may delegate or entrust some of its duties to State agencies, experts, or private organizations or jointly perform such duties with them. |
| (2) | Matters necessary for delegation, entrustment, and joint performance under paragraph (1) shall be prescribed by the rules of the Investigation Commission. |
| Article 41 (Protection of the activities of Investigation Commission) |
| (1) | No person shall assault or threaten commissioners or staff of the Investigation Commission or commissioners or appraisers of an advisory body who perform their duties, or interfere with the performance of their duties by force or hierarchy. |
| (2) | No one shall be subject to any disadvantageous treatment, including dismissal, suspension from office, salary reduction, or change of position, for providing or attempting to provide information related to investigation to the Investigation Commission. |
| (3) | The Investigation Commission shall take measures to protect witnesses, etc. and to secure and prevent destruction of relevant materials or things. |
| (4) | The Investigation Commission may provide support to those who provide important testimony or statements or who submit materials or things for the investigation, by such means as payment of compensation or recommendation of pardon. |
| (5) | The contents and procedures of support under Article 4 and other necessary matters shall be prescribed by the rules of the Investigation Commission. |
| Article 42 (Protection of the subject of investigation) |
| (1) | No person shall disclose the identity of the subject of investigation or a reference witness or matters investigated, by means of any newspaper, magazine, broadcasting (including the Internet newspapers and broadcasting), or any other publication. |
| (2) | Notwithstanding paragraph (1), the Investigation Commission may disclose the details of the investigation by resolution of the Investigation Commission; provided, this shall not apply where disclosure is restricted by other statutes such as the Official Information Disclosure Act. |
| Article 43 (Mitigation of culpability) |
| (1) | A person whose crime is discovered by providing new clues or materials for an investigation under this Act shall have their sentence reduced or exempted. |
| (2) | Paragraph (1) shall apply mutatis mutandis to disciplinary actions by State agencies, etc. |
| (3) | In the case of provision of clues or materials under paragraph (1), it shall be deemed that there is no violation of the duty to maintain confidentiality in the course of performing duties, notwithstanding any relevant provisions of other statutes or regulations, collective agreements, employment regulations, etc. |
| Article 44 (Transportation costs and travel expenses) |
A person who appears before the Investigation Commission or other places to submit materials or things or to give testimony, appraisal, or statement under this Act shall be paid necessary expenses such as transportation, travel expenses, daily allowance, and lodging expenses, as prescribed by the rules of the Investigation Commission.
| Article 45 (Exemption from liability following disclosure) |
No commissioner or staff shall be held civilly or criminally liable for any matter disclosed by the Investigation Commission under this Act, in the absence of intent or negligence on their part.
| Article 46 (Preparation and submission of comprehensive report) |
| (1) | The Investigation Commission shall prepare a comprehensive report within 3 months of completing the investigation under this Act and submit it to the National Assembly and the President. |
| (2) | If the Investigation Commission deems it necessary, it may submit a special investigation report to the President in addition to the comprehensive report under paragraph (1). |
| (3) | The comprehensive report under paragraph (1) shall include recommendations on the following: |
| 1. | Measures related to the reform of statutes or regulations, systems, policies, practices, etc. that gave rise to the October 29 Itaewon Disaster and the formulation of countermeasures; |
| 2. | Measures such as corrective action against State agencies, etc. responsible for the October 29 Itaewon Disaster and disciplinary action against public officials responsible therefor; |
| 3. | Other improvement measures for truth found by the Investigation Commission; |
| 4. | Measures to prevent further damage to victims and sufferers; |
| 5. | Measures for formulating comprehensive countermeasures regarding disaster and safety management; |
| 6. | Measures necessary to protect sufferers' rights and support the affected area. |
| (4) | State agencies, etc. which receive recommendations under the subparagraphs of paragraph (3) shall comply with such recommendations, unless there is a compelling reason not to do so. |
| (5) | The standing commission of the National Assembly shall monitor and manage the status of implementation of recommendations by State agencies, etc. that have received recommendations under the subparagraphs of paragraph (3). |
| (6) | State agencies, etc. that have received recommendations under the subparagraphs of paragraph (3) shall report the implementation details of the recommendations under paragraph (4) and the reasons for non-implementation to the relevant standing commission of the National Assembly every year. |
| (7) | If the standing commission of the National Assembly determines that the implementation details reported under paragraph (6) are inadequate, it shall request the State agency, etc. to make improvements. |
| (8) | If a State agency, etc. fails to comply with the request for improvement under paragraph (7) without good cause, the National Assembly may request disciplinary action against the responsible public official. |
| (9) | If the National Assembly enacts or amends relevant statutes, it shall reflect the purport of the comprehensive report under paragraph (1), unless there is a compelling reason not to do so. |
| (10) | The Investigation Commission may establish and operate a comprehensive report preparation planning team within the secretariat to prepare a comprehensive report under paragraph (1). |
| (11) | The Investigation Commission may conduct on-site investigations and research to prepare a comprehensive report under paragraph (1). |
| (12) | The Investigation Commission shall publish and disclose a comprehensive report under paragraph (1) and a white paper summarizing the Investigation Commission's activities; provided, this shall not apply where disclosure is restricted under other statutes such as the Official Information Disclosure Act. |
| Article 47 (Establishment of Documentation and Records Unit) |
| (1) | The Investigation Commission may establish and operate a Documentation and Records Unit to collect and preserve materials related to the October 29 Itaewon Disaster (hereinafter referred to as "October 29 Itaewon Disaster materials"). |
| (2) | Matters regarding the establishment and operation of the Documentation and Records Unit and the preservation of materials collected by the Documentation and Records Unit shall be prescribed by the rules of the Investigation Commission. |
| Article 48 (Measures regarding October 29 Itaewon Disaster materials) |
| (1) | The Investigation Commission shall send copies of the October 29 Itaewon Disaster materials to the memorial facilities under Article 69(1) during the period for handling the remaining business affairs of the Investigation Commission under Article 49 so that such materials can be utilized for relevant memorial programs. |
| (2) | In order to send copies of the October 29 Itaewon Disaster materials to the memorial facilities under paragraph (1), the Investigation Commission shall determine the necessary matters, such as the target, time, methods, and procedures for sending the materials, before the Investigation Commission's activities end. |
| (3) | State agencies, etc. shall take measures necessary to ensure that copies of the October 29 Itaewon Disaster materials can be smoothly delivered to the memorial facilities under paragraph (1). |
| Article 49 (Term of existence of secretariat) |
The secretariat shall remain in existence for 3 months after the end of the activities of the Investigation Commission to handle the remaining business affairs of the Investigation Commission.
CHAPTER III DAMAGE RELIEF AND SUPPORT
SECTION 1 OCTOBER 29 ITAEWON DISASTER DAMAGE RELIEF DELIBERATION COMMISSION
| Article 50 (October 29 Itaewon Disaster Damage Relief Deliberation Commission) |
| (1) | In order to perform duties related to damage relief and support for sufferers of the October 29 Itaewon Disaster, the October 29 Itaewon Disaster Damage Relief Deliberation Commission (hereinafter referred to as the "Deliberation Commission") shall be established under the Prime Minister. |
| (2) | The Deliberation Commission shall perform the following duties: |
| 1. | Matters regarding deliberation and resolution of whether a person is a sufferer; |
| 2. | Matters regarding the promotion and monitoring of damage relief and support measures for sufferers and the affected area; |
| 3. | Matters regarding investigations for relief support, relief payments, and the determination of the recipients and scope of such support; |
| 4. | Matters regarding the establishment and amendment of rules regarding the operation of the Deliberation Commission; |
| 5. | Other matters that the Deliberation Commission deems necessary to achieve the purpose of this Act. |
| Article 51 (Composition and operation of Deliberation Commission) |
| (1) | The Deliberation Commission shall be comprised of 9 commissioners, including 1 chairperson, and the commissioners shall be appointed or commissioned by the Prime Minister from among the following persons; in such cases, the number of commissioners falling under subparagraph 5 shall not exceed 1/3 of the total number of commissioners: <Amended on Oct. 1, 2025> |
| 1. | A person with extensive knowledge of and experience in the fact-finding of disasters, suspicious deaths, etc. and a high level of morality; |
| 2. | A person who has been engaged in human rights-related activities, such as working at the National Human Rights Commission, a non-profit, non-governmental organization or corporation, or an international organization in the field of human rights, for at least 5 years; |
| 3. | A person with extensive knowledge and experience in related fields such as living assistance, medical assistance, psychological counseling, and psychotherapy.; |
| 4. | A person who is qualified as an attorney-at-law and has at least 5 years of experience in duties related to that qualification; |
| 5. | Public officials in the Senior Executive Service affiliated with the Ministry of Justice, the Ministry of the Interior and Safety, the Ministry of Health and Welfare, and the Ministry of Planning and Budget. |
| (2) | The chairperson shall be elected by and from among the commissioners. |
| (3) | The Deliberation Commission may establish a support organization to confirm facts necessary for deliberation and resolution, and to collect and review relevant materials. |
| (4) | If necessary to effectively monitor measures to support sufferers, commissioners of the Investigation Commission may attend and speak at a meeting of the Deliberation Commission. |
| (5) | Except as provided in Articles 1 through 4, matters necessary for the composition and operation of the Deliberation Commission, procedures for selecting commissioners, establishment of support organizations, etc. shall be prescribed by Presidential Decree. |
| Article 52 (Application for recognition of sufferer) |
| (1) | A person seeking to obtain recognition for damage resulting from the October 29 Itaewon Disaster (hereinafter referred to as "applicant") shall submit to the Deliberation Commission a written application along with supporting documents, as prescribed by Presidential Decree. In such cases, an application for payment of relief payments may be submitted at the same time. |
| (2) | An application for the recognition of a sufferer and relief payment under paragraph (1) shall be made within 2 years from the date this Act enters into force; provided, if the applicant is unable to apply within that period due to special reasons, such as residing overseas for a certain period of time or longer, the application shall be made within 6 months from the date the reason ceases to exist. |
| (3) | The Deliberation Commission shall decide whether to grant recognition of a sufferer and relief payment, etc. within 6 months from the date of receiving the application under paragraph (1); provided, the Deliberation Commission may extend the period once by up to 30 days, if necessary for a fact-finding investigation, etc. |
| (4) | The Deliberation Commission may investigate facts, etc. necessary for deliberation and resolution, such as whether the applicant under paragraph (1) is a sufferer. In such cases, the applicant may state their opinion regarding the amount of relief payment, etc. during the deliberation proceedings of the Deliberation Commission. |
| (5) | If the Deliberation Commission deems it necessary for the fact-finding investigation under paragraph (4), it may request the submission of necessary materials, etc. or request cooperation from the relevant administrative agencies, individuals, companies, organizations, etc. related to the facts being investigated. In such cases, the relevant administrative agencies, individuals, companies, organizations, etc. that have received the request for submission of materials, etc. or request for cooperation shall comply therewith in the absence of good cause. |
| (6) | Except as provided in Articles 1 through 5, matters necessary for the recognition of a sufferer, etc. shall be prescribed by Presidential Decree. |
| Article 53 (Reconsideration) |
| (1) | An applicant who has an objection to a matter decided by the Deliberation Commission under Article 52(3) may file an application for reconsideration with the Deliberation Commission within 30 days from the date of receiving notification of the decision. |
| (2) | The Deliberation Commission shall make a decision on reconsideration within 2 months from the date of receiving the application under paragraph (1); provided, if the Deliberation Commission deems it necessary for a fact-finding investigation, etc., it may extend the period once by up to 30 days. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for reconsideration, such as the procedure for requesting reconsideration, shall be prescribed by Presidential Decree. |
SECTION 2 SUPPORT FOR SUFFERERS AND AFFECTED AREA
| Article 54 (Principle of support) |
| (1) | The State, etc. shall give priority to implementing measures necessary to promptly provide damage relief and administrative and financial support, etc. under this Act. |
| (2) | The State, etc. shall provide comprehensive support for all aspects of sufferers' daily lives, including living expenses, education, health, welfare, care, and employment, to ensure the necessary living conditions for sufferers. |
| (3) | The State, etc. shall provide necessary technical, administrative, and financial support to sufferers such as foreigners, persons with disabilities, and children. |
| Article 55 (Guarantee of participation of sufferers) |
When establishing and implementing support plans for sufferers and the affected area, the State, etc. shall listen to the opinions of sufferers and reflect them to the greatest extent possible.
| Article 56 (Support for economic revitalization and community recovery) |
The State shall implement special support measures to revitalize the economy and restore communities in regions that have been depressed due to the October 29 Itaewon Disaster.
| Article 57 (Livelihood support payment) |
| (1) | The State may pay the following relief payment (hereinafter referred to as "livelihood support payment, etc.") to sufferers: |
| 1. | Livelihood support payment: Expenses required to support a sufferer's living; |
| 2. | Medical relief payment: Expenses incurred in treatment, nursing, or use of assistive devices for the sufferers' physical and mental illnesses and injuries and the aftereffects caused by the October 29 Itaewon Disaster. |
| (2) | Matters necessary for calculating the scope and amount of payment of livelihood support payment, payment methods, payment periods, etc. shall be prescribed by Presidential Decree. |
| (3) | The main clause of Article 3(2) of the National Basic Livelihood Security Act shall not apply to the livelihood support payment, etc. for such period of up to 1 year as determined by the Deliberation Commission. |
| Article 58 (Support for psychological counseling) |
| (1) | The State, etc. shall provide necessary support, such as psychological counseling and daily life counseling, to ensure the psychological stability and social adaptation of sufferers. |
| (2) | Matters necessary for the content and method of support under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 59 (Examination and treatment of psychological symptoms and mental illness) |
| (1) | The State shall support sufferers to receive medical examinations or treatment for psychological symptoms and mental illnesses deteriorated due to the October 29 Itaewon Disaster. |
| (2) | Matters necessary for the content and method of support under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 60 (Employee's medical leave of absence) |
| (1) | If an employee who is a sufferer under this Act applies for a leave of absence to treat physical or mental injury caused by the October 29 Itaewon Disaster within 1 year after the enforcement of this Act (hereinafter referred to as "medical leave of absence"), the employer shall allow the leave. |
| (2) | The period of medical leave of absence shall be within 6 months. |
| (3) | An employer shall not dismiss or otherwise treat an employee unfavorably on the grounds of a medical leave of absence, and shall not dismiss an employee during the period of medical leave of absence; provided, this shall not apply if the business cannot continue. |
| (4) | Matters necessary for the methods and procedures for applying for a medical leave of absence shall be prescribed by Presidential Decree. |
| Article 61 (Support for employee's medical leave of absence) |
| (1) | Where an employer grants a medical leave of absence to a worker, the State shall pay the employer all or part of the employment retention costs for the worker. |
| (2) | Matters necessary for the details of and the application and procedures for payment of employment retention costs under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 62 (Special cases concerning the Emergency Aid and Support Act and the Child Care Support Act) |
| (1) | Among the sufferers subject to this Act, those designated by Presidential Decree shall be deemed as those eligible for emergency aid under Article 5 of the Emergency Aid and Support Act. |
| (2) | If a void in childcare occurs for a sufferer's child due to activities related to the sufferer's recovery from damage, child care services under subparagraph 3 of Article 2 of the Child Care Support Act may be provided with priority. |
| (3) | The State, etc. shall formulate protection and support measures until a minor who is a sufferer of the October 29 Itaewon Disaster reaches adulthood if their parents or guardians have passed away or their life or death is unknown. |
| (4) | Matters necessary for the standards, period, methods, and procedures for support under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
| Article 63 (Legal support for sufferers) |
| (1) | The State may provide sufferers with legal counseling and representation in litigation. |
| (2) | The expenses incurred in providing support under paragraph (1) may be borne by the State, as prescribed by Presidential Decree. |
| (3) | Matters necessary for the requirements, contents, procedures, etc. of the support under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 64 (Request for cooperation regarding sufferer's financial transactions) |
The State, etc. may request necessary cooperation from relevant public institutions, financial institutions, and other relevant organizations or groups to alleviate the financial burden of sufferers who are experiencing economic difficulties due to financial debt.
CHAPTER IV COMMUNITY RECOVERY SUPPORT
| Article 65 (Development and implementation of community recovery programs) |
| (1) | The State, etc. shall develop and implement programs in consideration of the following matters to ensure psychological stability of sufferers and residents of the affected area and to restore the community: |
| 1. | Characteristics of sufferers and residents of the affected area, such as nationality, race, religion, gender, age, and occupation; |
| 2. | Keeping sufferers and residents of the affected area from drifting away from the local community and improving their quality of life; |
| 3. | Promoting the unique culture of the affected area and strengthening of community ties; |
| 4. | Participation of and cooperation with non-profit private organizations, public interest groups, and clubs located in the affected area, for health, welfare, culture, sports, etc. |
| (2) | If a sufferer participates in a program under paragraph (1), the State, etc. may provide subsidies to cover all or part of the necessary expenses. In such cases, the details necessary for the content, method, and period of such support shall be prescribed by Presidential Decree. |
| (3) | When developing the programs under paragraph (1), the State, etc. shall sufficiently collect the opinions of sufferers and residents of the affected area. |
| (4) | The State, etc. may conduct investigations, research, etc. necessary for the development and implementation of the programs under paragraph (1). |
| Article 66 (Establishment of community complex facilities) |
| (1) | If it is necessary for the recovery of the community, relevant local governments may, in consultation with the State and organizations of bereaved families, establish and operate complex facilities that provide psychological counseling and services such as health, welfare, care, labor, and culture. |
| (2) | In order to support the effective recovery of community, the head of a complex facility under paragraph (1) shall, if necessary, have their staff visit a sufferer's home, etc., and provide psychological counseling and services such as health, welfare, care, labor, and culture under paragraph (1). |
| (3) | If a relevant local government installs and operates a complex facility under paragraph (1), the State may provide subsidies to cover part of necessary expenses. |
| (4) | Matters necessary for the installation and operation of complex facilities under Article 1 shall be prescribed by ordinance of a local government. |
| Article 67 (Implementation of memorial programs) |
| (1) | The State, etc. shall implement the following programs to commemorate the victims of the October 29 Itaewon Disaster and to provide education on the prevention of disasters and safety accidents; provided, the State shall support local governments when they implement such programs: |
| 1. | Creation of a memorial park; |
| 2. | Establishment of a memorial hall; |
| 3. | Collection, preservation, management, exhibition, investigation, and research of materials for the memorial hall; |
| 4. | Promotion and education on the materials for the memorial hall, commemorative programs, and the production and distribution of various publications related thereto; |
| 5. | Establishment of a memorial monument; |
| 6. | Installation and operation of training facilities for the prevention of disasters and safety accidents; |
| 7. | Other related programs. |
| (2) | The memorial hall under paragraph (1) shall be equipped with facilities and equipment and professional personnel to operate them in order to systematically manage, safely preserve, and efficiently utilize records, as prescribed by Presidential Decree. |
| Article 68 (Commission to Commemorate Victims of October 29 Itaewon Disaster) |
| (1) | In order to efficiently promote memorial programs for victims under this Act, the Commission to Commemorate Victims of October 29 Itaewon Disaster (hereinafter referred to as the "Memorial Commission") shall be established under the Prime Minister. |
| (2) | The Memorial Commission shall deliberate and resolve on the following matters: |
| 1. | Matters regarding memorial programs such as memorial parks, memorial halls, and memorial monuments; |
| 2. | Matters regarding the selection of a foundation under Article 71; |
| 3. | Other matters deemed necessary by the chairperson of the Memorial Commission in relation to memorial programs, etc. |
| (3) | The Memorial Commission shall be comprised of up to 9 commissioners, including 1 chairperson. |
| (4) | The chairperson of the Memorial Commission shall be the Prime Minister, and the commissioners shall be appointed or commissioned by the Prime Minister as prescribed by Presidential Decree from among the relevant public officials, persons with extensive knowledge and experience as recommended by organizations of bereaved families, and bereaved family commissioners. In such cases, the number of commissioners who are public officials shall not exceed 1/3 of the total number of commissioners. |
| (5) | The Memorial Commission may establish a support organization to collect and review relevant materials necessary for deliberation and resolution and to promote memorial programs under paragraph (2). |
| (6) | Matters necessary for the composition and operation of the Memorial Commission, procedures for selecting commissioners, and establishment of a support organization shall be prescribed by Presidential Decree. |
| Article 69 (Name and location of memorial parks) |
| (1) | The Memorial Commission shall deliberate and decide on the names of a memorial park, a memorial hall, memorial monuments (hereinafter referred to as "memorial facilities"), etc. by collecting public opinion by such means as inviting public participation. |
| (2) | The location of the memorial facilities shall be determined by the Memorial Commission in the vicinity of the site where the disaster occurred within the affected area. |
| Article 70 (Special cases concerning establishment of memorial facilities) |
| (1) | Notwithstanding relevant statutes such as the National Land Planning and Utilization Act, the School Health Act, and the Act on Special Measures for Designation and Management of Development Restriction Zones, the State, etc. may establish memorial facilities. |
| (2) | Matters necessary for the establishment of memorial facilities under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 71 (Contributions to foundation) |
| (1) | The State may make contributions or provide subsidies to the foundation established to commemorate the victims of the October 29 Itaewon Disaster to prevent the recurrence of large-scale disasters by performing the following programs (referring to a foundation established as a non-profit corporation under Article 32 of the Civil Act and selected by the Memorial Commission under Article 68(2)2) for a period of 10 years after the establishment of the foundation: |
| 1. | Operation and management of memorial facilities and implementation of memorial ceremonies; |
| 2. | Programs regarding research on the prevention of social disasters and the dissemination of the safety culture; |
| 3. | Programs to assist sufferers in their psychological and living stability and social reintegration; |
| 4. | Other programs necessary to achieve the foundation's founding purpose. |
| (2) | The State, etc. may entrust the operation and management of memorial facilities and other memorial programs to the foundation provided in paragraph (1). |
| Article 72 (Special cases concerning receipt of donations) |
| (1) | Notwithstanding the main clause of Article 5(2) of the Act on Collection and Use of Donations, a foundation under Article 71 may accept voluntary donations to the extent that it conforms to the purpose of its business. |
| (2) | Matters necessary for the procedures for accepting donations under paragraph (1) shall be prescribed by Presidential Decree. |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 73 (Duty of confidentiality) |
Current or former commissioners or staff of the Investigation Commission, the Deliberation Commission, or the Memorial Commission (hereinafter referred to as "Investigation Commission, etc."), current or former commissioners or appraisers of an advisory body thereof, or experts, or private organizations, and their associates who participated in an investigation or performed duties under delegation or entrustment by the Investigation Commission, etc. shall not provide or leak confidential information, documents, materials, or things to others or use them for purposes other than performing the duties of the Investigation Commission, etc.
| Article 74 (Prohibition of misrepresentation of qualification) |
| (1) | No person shall exercise the authority of the Investigation Commission, etc. by impersonating a commissioner or staff of the Investigation Commission, etc., or advisory body thereof, or by misrepresenting that they perform the duties of the Investigation Commission, etc. under delegation, entrustment, or joint performance. |
| (2) | No one may organize a for-profit organization or engage in group or individual activities under the pretext of supporting sufferers. |
| Article 75 (Protection of rights) |
No rights arising under this Act shall be transferred, seized, or provided as collateral.
| Article 76 (Recovery of unjust benefits) |
| (1) | If a person who has received monetary payment, such as a livelihood support payment, or other support under this Act falls under any of the following subparagraphs, the State shall recover an amount corresponding thereto: |
| 1. | Where they received the payment by fraud or other improper means; |
| 2. | Where payment is made by mistake, etc. |
| (2) | In the case of a refund under paragraph (1), if the person liable to repay the money fails to repay it within the specified period, it shall be collected in the same manner as national taxes are compulsorily collected. |
| Article 77 (Measures regarding records related to October 29 Itaewon Disaster) |
| (1) | The State, etc. shall disclose records collected and preserved by public institutions in accordance with Article 2(3) of the Act on Disclosure of Public Institution Information (hereafter in this Article referred to as "public institutions") in relation to the October 29 Itaewon Disaster (hereinafter referred to as "records related to the October 29 Itaewon Disaster"), and shall take measures to provide copies of records related to the October 29 Itaewon Disaster to the memorial hall so that they can be actively utilized for memorial programs, etc. |
| (2) | In order to uncover the truth about the October 29 Itaewon Disaster and protect their rights, sufferers may request public institutions to allow them to inspect records related to the October 29 Itaewon Disaster. |
| (3) | When a public institution receives a request for inspection under paragraph (2), it shall, without delay, allow the sufferer to inspect the relevant records related to the October 29 Itaewon Disaster. In such cases, the public institution shall actively cooperate in the inspection, including by providing the sufferer with necessary convenience. |
| (4) | A sufferer may designate a representative to the extent necessary for inspection under paragraphs (2) and (3). |
| Article 78 (Legal fiction as public officials for purposes of applying penalty provisions) |
For the purpose of applying Articles 129 through 132 of the Criminal Act, commissioners of Investigation Commissions, etc. who are not public officials shall be regarded as public officials.
CHAPTER VI PENALTY PROVISIONS
| Article 79 (Penalty provisions) |
| (1) | Any person who violates Article 41(1) by assaulting or threatening a commissioner or staff of the Investigation Commission, a commissioner of an advisory body, or an appraiser, or by using force or hierarchy to obstruct the performance of their duties shall be punished by imprisonment for not more than 5 years or a fine not exceeding 50 million won. |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than 3 years or by a fine not exceeding 30 million won: |
| 1. | A person who defames the honor of a person or the deceased by disclosing the identity of the subject of investigation or a reference witness or the contents of an investigation, in violation of Article 42(1); |
| 2. | A person who fails to submit requested materials or things for a hearing without good cause; |
| 3. | A witness who fails to attend a hearing, take an oath, or provide testimony at the hearing without good cause; |
| 4. | An appraiser who fails to take an oath or give an appraisal at a hearing without good cause; |
| 5. | A witness who provides false testimony or an appraiser who gives a false appraisal at a hearing; |
| 6. | A person who obstructs the attendance of a witness, etc. at a hearing or obstructs verification. |
| (3) | Any of the following persons shall be punished by imprisonment with labor for not more than 2 years or by a fine not exceeding 20 million won: |
| 1. | A person who provides or leaks confidential information, documents, materials or things to another person in violation of Article 73 or uses them for purposes other than performing the duties of the Investigation Commission, etc.; |
| 2. | A person who impersonates a commissioner or staff of the Investigation Commission, etc. or exercises the authority of the Investigation Commission, etc. by misrepresenting that they perform the duties of the Investigation Commission, etc. under delegation, entrustment, or joint performance, in violation of Article 74(1); |
| 3. | A person who organizes a group or engages in group or individual activities, in violation of Article 74(2). |
| Article 80 (Administrative fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 30 million won: |
| 1. | A person who submits false materials or things after receiving a request for submission of materials or things under Article 28(1)3; |
| 2. | A person who fails to comply with a request under Article 28(2) without good cause; |
| 3. | A person who fails to comply with an order of accompanying under Article 29 without good cause. |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: |
| 1. | A person who has provided a false response to a fact-finding inquiry under Article 28(1)4; |
| 2. | A person who refuses or obstructs an on-site investigation under Article 28(1)6 without good cause; |
| 3. | A person who gives a disadvantageous treatment, in violation of Article 41(2). |
| (3) | The administrative fines under paragraphs (1) and (2) shall be imposed and collected by the chairperson of the Investigation Commission, as prescribed by Presidential Decree. |
| (4) | Matters regarding the procedures for imposition, collection, trial, and execution of administrative fines under paragraphs (1) and (2) shall be governed by the Act on the Regulation of Violations of Public Order. With regard to administrative fines, the chairperson of the Investigation Commission shall be regarded as an administrative agency defined in Article 2(2) of the Act on the Regulation of Violations of Public Order. |
ADDENDA <Act No. 20427, May 21, 2024>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Preparation for enforcing this Act)
| (1) | The President shall appoint commissioners of the Investigation Commission within 30 days of the promulgation of this Act. |
| (2) | If all of the 9 commissioners under Article 8(1) are not appointed even after 1 month has passed since the end of the period under paragraph (1), an Investigation Commission may be formed with a majority of all commissioners. |
| (3) | Preparatory activities, including the appointment of the commissioners and staff of the Investigation Commission, the establishment of necessary organizations such as the secretariat, and the enactment and amendment of the rules of the Investigation Commission necessary for the enforcement of this Act, may be done prior to the enforcement of this Act. |
Article 3 (Election of commissioners of Investigation Commission)
The National Assembly shall commence procedures for electing commissioners of the Investigation Commission from the date of promulgation of this Act.
ADDENDA <Act No. 21065, Oct. 1, 2025>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation; provided, the amended part of an Act which was promulgated before the enforcement of this Act, but the date on which it enters into force has not yet arrived, among the Acts amended by Article 7 of the Addenda, shall enter into force on the enforcement date of the relevant Act respectively, and the amended provisions of the following subparagraphs shall enter into force on the date specified in the relevant subparagraph:
| 1. | The amended provisions of each of the following subparagraphs shall enter into force on January 2, 2026; provided, in the case of laws amended under Article 7 of the Addenda (limited to the parts related to the amended provisions of items a and b, which were promulgated before the enforcement date under the main clause but whose enforcement date under the main clause has not yet arrived), the amended parts shall enter into force on the enforcement date of the relevant law: |
| a. | Amended provisions of Article 19(4), Article 23, Article 29(1)1, and Article 30; |
| b. | Amended provisions of Article 12(2), Article 19(3), Article 22, and the proviso to Article 29(2) (limited to matters concerning the Minister of Finance and Economy and the Ministry of Finance and Economy); |
| c. | Laws amended under Article 7 of the Addenda (limited to the parts related to the amended provisions of items a and b). |
Articles 2 through 6 Omitted.
Article 7 Omitted.
Article 8 Omitted.