The purpose of this Act is to contribute to the enhancement of human rights and national unity by restoring honor of the victims of the Nogeun-ri incident and their survivor members.
The terms used in this Act are defined as follows:
| 1. | The term "Nogeun-ri incident" means an incident in which people were victimized by the US Army troops across Haga-ri, Yeongdong-eup and Nogeun-ri, Hwanggan-myeon of Yeongdong-gun, Chungcheongbuk-do from July 25, 1950 through July 29, 1950; |
| 2. | The term "victim" means a person dead, missing and wounded due to the Nogeun-ri incident, who has been determined to be the victim of the Nogeun-ri incident by the committee on examination of the Nogeun-ri incident victims and restoration of their honor referred to in Article 4; |
| 3. | The term "survivor" means the spouse (including a de facto spouse), lineal ascendants and lineal descendants of the victim: Provided, That where no spouse, lineal ascendant or lineal descendant exists, it refers to the siblings of the victim, and where no sibling exists, it refers to persons who are determined to be survivor members under Article 4 (2) 1 from among relatives within the fourth degree of consanguinity who perform sacrificial rites for the victim or take care of the grave of the victim; |
| 4. | The term "examination of victims" means an examination as to whether a person is a victim and as to the number of victims undetermined at the time of a joint investigation into the Nogeun-ri incident, conducted by the governments of the Republic of Korea and the United States of America from October 25, 1999 through January 12, 2000. |
| Article 3 (Responsibilities of the State) |
The State shall take measures necessary for restoring the honor of victims and their bereaved families, and shall endeavor to safeguard peace and human rights, taking lessons from the Nogeun-ri Incident.
| Article 4 (Establishment of Committee) |
| (1) | In order to deliberate and resolve on matters regarding the examination and determination of victims and their bereaved families and the restoration of their honor, the committee on examination of the Nogeun-ri incident victims and restoration of their honor (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Prime Minister. |
| (2) | The Committee shall deliberate and resolve on the following matters: |
| 1. | Matters regarding the examination and determination of victims and their bereaved families; |
| 1. | Matters regarding the restoration of the honor of the victims and their bereaved families; |
| 3. | Matters regarding memorial projects, such as the construction of a memorial tower; |
| 4. | Matters regarding the preparation of an examination report on the victims of the Nogeun-ri incident; |
| 5. | Matters regarding the preparation of a family relationship register; |
| 6. | Other matters deemed necessary for the examination of victims and the restoration of their honor. |
| (3) | The Committee shall be composed of up to 20 members, including one chairperson. |
| (4) | The Committee shall be chaired by the Prime Minister, and its members shall be appointed or commissioned by the Prime Minister from among the Governor of Chungcheongbuk-do, relevant public officials, representatives of bereaved families and persons with extensive knowledge of and experience in the relevant fields. |
| (5) | The members of the Committee shall serve a term of three years, and may consecutively serve another term. |
| (6) | Except as provided in paragraphs (1) through (5), other matters necessary for the composition and operation of the Committee shall be prescribed by Presidential Decree. |
| Article 5 (Establishment of Advisory Body) |
| (1) | The Committee may establish an advisory body to seek advice on matters necessary for performing its business affairs. |
| (2) | Members of the advisory body referred to in paragraph (1) shall be commissioned by the chairperson, from among the representatives of bereaved families and persons with extensive knowledge of and experience in the relevant fields. |
| (3) | Matters necessary for the composition and operation of the advisory body shall be prescribed by the rules of the Committee. |
| Article 6 (Establishment of Working Committee) |
| (1) | In order to implement the matters resolved by the Committee and to handle the matters entrusted by the Committee, a working committee on examination of the Nogeun-ri incident victims and restoration of their honor (hereinafter referred to as "Working Committee") shall be established under the jurisdiction of the Governor of Chungcheongbuk-do. |
| (2) | The Working Committee shall handle the following matters: |
| 1. | Matters regarding the receipt of reports on damage to victims and their bereaved families; |
| 2. | Matters regarding the examination of reports on damage; |
| 3. | Matters regarding the payment of a subsidy for medical expenses. |
| (3) | The Working Committee shall be composed of up to 15 members, including one chairperson. |
| (4) | The Committee shall be chaired by the the Governor of Chungcheongbuk-do, and its members shall be appointed or commissioned by the chairperson, from among the relevant public officials, representatives of survivors and persons with extensive knowledge of and experience in the relevant fields. |
| (5) | The members of the Committee shall serve a term of three years, and may consecutively serve another term. |
| (5) | Matters necessary for the composition and operation of the Working Committee shall be prescribed by Presidential Decree. |
| Article 7 (Examination of Victims of Nogeun-ri Incident) |
| (1) | The examination of the victims of the Nogeun-ri incident shall be completed within one year from the date this Act enters into force (referring to April 20, 2022, the enforcement date of the wholly amended Special Act on Examination of Victims of the Nogeun-ri Incident and Restoration of Their Honor (Act No. 18486); hereinafter the same shall apply). |
| (2) | Where it is necessary for the examination under paragraph (1), the Committee may require that related administrative agencies or organizations (hereafter in this Article referred to as "related agencies, etc.") submit relevant data or articles. In such cases, the related agencies, etc. so requested shall comply in the absence of special circumstances. |
| (3) | The Committee may hear the testimony or statements of the victims, bereaved families or interested persons for purposes of conducting an examination under paragraph (1), and, if deemed necessary, may conduct an on-site inspection of the places, etc. where the Nogeun-ri incident took place. |
| (4) | Related agencies, etc. shall provide convenience necessary for the examination of the victims of the Nogeun-ri incident. |
| (5) | Where the data or articles for which a request for submission is made under paragraph (2) are kept in a foreign country, the Government shall endeavor to faithfully negotiate with that of the relevant foreign country for the submission of such data or articles. |
| (6) | The examination of the victims of the Nogeun-ri incident shall be based upon the findings of a joint investigation into the Nogeun-ri incident conducted by the governments of the Republic of Korea and the United States of America. |
| Article 8 (Prohibition of Unfavorable Treatment) |
No person shall be treated unfavorably or unfairly for providing statements or information relating to the Nogeun-ri incident.
| Article 9 (Preparation of Report on Examination of Victims) |
| (1) | The Committee shall prepare a report on the examination of the victims of the Nogeun-ri incident within six months from the date the period referred to in Article 7 (1) expires. |
| (2) | In order to maintain objectivity and ensure efficiency in preparing a report on the examination of the victims under paragraph (1), the Committee may establish and operate a task force for preparing a report on the examination of the victims of the Nogeun-ri incident. |
| (3) | Once a report on the examination of the victims under paragraph (1) is prepared, the Committee shall submit it to the competent standing committee of the National Assembly without delay. |
| Article 10 (Subsidy for Medical Expenses) |
| (1) | The Government may grant a victim requiring continuous medical treatment, full-time care, or orthosis a subsidy to help cover the associated expenses. |
| (2) | No entitlement to a subsidy for medical expenses referred to in paragraph (1) shall be transferred, provided as collateral, or seized. |
| (3) | Matters regarding the extent of payment, the calculation of the amount, and the method of payment of a subsidy for medical expenses, and other matters shall be prescribed by Presidential Decree. |
| Article 11 (Reexamination) |
| (1) | If a person intending to be determined to be a victim or a survivor member has any objection against the determination of a victim or a survivor member under Article 4, he or she may file with the Committee an application for reexamination within 30 days from the receipt of such determination from the Committee. |
| (2) | If a victim or a survivor member has an objection against a determination on the payment of a subsidy for medical expenses under Article 10, he or she may file with the Working Committee an application for reexamination within 30 days from the receipt of such determination from the Working Committee. |
| (3) | Matters regarding applications for reexamination, determination thereon, and others under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 12 (Recovery of Subsidy for Medical Expenses) |
| (1) | The Government shall recover all or part of the subsidy for medical expenses paid to a person under this Act in any of the following cases: |
| 1. | Where the person has received such subsidy by fraud or other improper means; |
| 2. | Where the subsidy has been erroneously paid. |
| (2) | Where a person required to return a subsidy for medical expenses in accordance with paragraph (1) fails to do so within a specified period, such subsidy may be recovered in the same manner as national taxes in arrears. |
| Article 13 (Protection of Rights and Interests of Victims and Bereaved Families) |
No person shall openly defame a victim or his or her survivor by denying or falsifying the findings of the investigation of the Nogeun-ri incident or by disseminating false facts about the Nogeun-ri incident, with the intention to slander a victim or his or her survivor.
| Article 14 (Support for Corporation Related to Nogeun-ri Incident) |
The State and local governments may grant a subsidy, within budgetary limits, to a corporation established and operated for purposes of restoring the honor of the victims of the Nogeun-ri incident and their survivors to support such corporation in paying for memorial projects and others.
| Article 15 (Public Announcement of Period and Destination for Reporting by Victims and Survivor) |
The Committee shall specify the period for reporting any damage sustained by the victims of the Nogeun-ri incident and their survivors as well as where to file such report in making a public announcement thereof.
| Article 16 (Preparation of Family Relationship Register) |
Where a family relationship register of a victim and his or her survivor is not prepared because the family register has been destroyed or lost during the Korean War or where the family relationship register is wrongfully prepared, the Committee may decide to allow the preparation of a family relationship register or correction of wrong entries in the family relationship register in accordance with the procedures prescribed by the Rules of the Supreme Court, notwithstanding the provisions of other statutes or regulations.
| Article 17 (Support for Community Recovery) |
| (1) | The State and local governments shall endeavor to help victims and their bereaved families in their physical and mental rehabilitation and to recover communities. |
| (2) | The State or local governments may implement a trauma care project to provide the victims of the Nogeun-ri incident and survivors with medical examination, counseling, and treatment to address their worsened psychological symptoms and mental disorders attributable to the Nogeun-ri incident. |
| (3) | The State or local governments may delegate or entrust the trauma care project referred to in paragraph (2) to an institution, etc. prescribed by Presidential Decree. |
| Article 18 (Protection of Committee Activities) |
| (1) | No person shall interfere with the performance of the duties of a member or a staff member of the Committee or the Working Committee and a member of the advisory body, by means of violence, intimidation, or fraud. |
| (2) | No person shall be accorded any unfavorable treatment, such as dismissal, suspension from office, reduction of pay, or transfer to another position, on the ground that he or she has provided, attempted to provide, information in relation to an investigation. |
| (3) | The Committee shall devise measures for protecting victims, bereaved families, or interested persons, and measures for securing relevant materials or articles and preventing the destruction thereof. |
| Article 19 (Penalty Provisions) |
| (1) | Any person who interferes with the performance of duties by a member or a staff member of the Committee or a member of the advisory body, by means of violence, intimidation, or fraud, in violation of Article 18 (1), shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. |
ADDENDA <Act No. 18486, Oct. 19, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (General Transitional Measures)
Any disposition, procedure, or act taken or conducted under the previous provisions as at the time this Act enters into force shall be deemed taken or conducted under the corresponding provisions of this Act, if such provisions exist herein.
Article 3 (Transitional Measures concerning Victims and Bereaved Families)
A person determined to be a victim or a survivor member under the previous provisions as at the time this Act enters into force shall be deemed a person determined to be a victim or a survivor member under the amended provisions of Article 4. Article 4 (Transitional Measures concerning the Committee and Working Committee)
The Committee and the Working Committee under the previous provisions as at the time this Act enters into force shall be deemed the Committee and the Working Committee under this Act.
Article 5 (Transitional Measures concerning Members of the Committee and Working Committee)
Members of the Committee and those of the Working Committee appointed or commissioned under the previous provisions as at the time this Act enters into force shall be deemed the members of the Committee or those of the Working Committee under this Act. In such cases, the term of office for such members shall be reckoned from the date this Act enters into force.