ENFORCEMENT DECREE OF THE SPECIAL ACT ON DISCOVERING THE TRUTH ON THE JEJU APRIL 3 INCIDENT AND THE RESTORATION OF HONOR OF VICTIMS
Wholly Amended by Presidential Decree No. 31802, jun. 22, 2021
Amended by Presidential Decree No. 32570, Apr. 12, 2022
Presidential Decree No. 33323, Mar. 14, 2023
The purpose of this Decree is to prescribe the matters mandated by the Special Act on Discovering the Truth on the Jeju April 3 Incident and the Restoration of Honor of Victims and those necessary for the implementation thereof.
| Article 2 (Matters Subject to Deliberation and Resolution) |
"Matters prescribed by Presidential Decree" in Article 5 (2) 13 of the Special Act on Discovering the Truth on the Jeju April 3 Incident and the Restoration of Honor of Victims (hereinafter referred to as the "Act") means the following: | 1. | Matters concerning reporting to the National Assembly on the results of additional truth-seeking investigations conducted under Article 11 (1) of the Act (hereinafter referred to as "report on the results of additional fact-finding investigations"); |
| 2. | Other matters that are recognized by the Committee on Discovering the Truth of the Jeju April 3 Incident and the Restoration of Honor of the Victims (hereinafter referred to as the "Committee") established under Article 5 (1) of the Act as requiring deliberation and resolution. |
| Article 2-2 (Exclusion, Challenge, or Refrainment of Members) |
| (1) | Where a member of the Committee falls under any of the following cases, the member shall be excluded from deliberation and resolution on the relevant agenda item: |
| 1. | Where a member or his or her current or former spouse becomes a party to the relevant agenda item or holds any right or duty jointly with a party to such agenda item; |
| 2. | Where a member is or was a relative of a party to the relevant agenda item; |
| 3. | Where a member is or was a witness or an expert witness under Article 27 of the Act with respect to the relevant agenda item; |
| 4. | Where a member or a corporation, organization, etc. to which the member belongs is or was the agent of a party to the relevant agenda item. |
| (2) | Where a party to a relevant agenda item (including persons subject to investigation under Article 16) has reasonable grounds to believe that it is difficult to expect impartiality from a member in deliberation and resolution, the party may file an application for challenge with the Committee and the Committee shall decide whether to accept it by resolution. In such cases, the member subject to challenge shall not participate in the resolution. |
| (3) | Where a member falls under a ground for exclusion under the subparagraphs of paragraph (1) or where it is deemed impracticable for the member to expect fair deliberation and resolution, the member shall voluntarily refrain from deliberation and resolution on the relevant agenda item. |
[This Article Newly Inserted on Apr. 12, 2022]
| Article 3 (Duties of Chairperson) |
| (1) | The chairperson shall represent the Committee and exercise overall control over the Committee's affairs. |
| (2) | If the chairperson is unable to perform his or her duties due to unavoidable circumstances, the committee member predesignated by the chairperson shall act on behalf of the chairperson. |
| Article 4 (Meetings of Committee) |
| (1) | The chairperson shall convene meetings of the Committee and preside over the meetings. |
| (2) | A majority of the members of the Committee shall constitute a quorum, and any resolution by the Committee shall require a concurring vote of at least a majority of those present. |
| Article 5 (Executive Secretary of Committee) |
| (1) | The Committee shall have one executive secretary to perform the affairs of the Committee. |
| (2) | The executive secretary referred to in paragraph (1) shall be the head of the Past History-Related Support Group under Article 5 of the Regulations on the Treatment of the Past History-Related Recommendations. |
| (3) | The executive secretary may handle affairs of the Committee by order of the Chairperson and appear before the Committee to state his or her opinions. |
| Article 5-2 (Request for Cooperation of Relevant Agencies) |
Where necessary to efficiently conduct affairs (excluding affairs pursuant to Article 27 (1) of the Act), the Committee may request a relevant administrative agency, public institution, corporation, organization or expert to provide necessary cooperation, such as submission of data, statement of opinion, or on-site investigation. [This Article Newly Inserted on Apr. 12, 2022]
| Article 6 (Subcommittees) |
| (1) | A subcommittee under Article 5 (5) of the Act (hereafter referred to as "subcommittee" in this Article) shall be comprised of at least four but up to nine members, including one chairperson. <Amended on Apr. 12, 2022> |
| (2) | The members of the subcommittee shall be the following persons: <Amended on Apr. 12, 2022> |
| 1. | Four members of the Committee recommended by the National Assembly; |
| 2. | Persons appointed by the chairperson of the Committee from among members of the Committee, other than those referred to in subparagraph 1; |
| 3. | Persons commissioned by the chairperson of the Committee, in consideration of gender balance, from among persons with extensive knowledge of and experience in the Jeju April 3 Incident. |
| (3) | The term of office of each member of the subcommittee pursuant to paragraph (2) 3 shall be two years. |
| (4) | Each subcommittee shall handle the following matters regarding additional truth-seeking investigations: |
| 1. | Preliminary deliberation on agenda items regarding the formulation of an additional truth-seeking investigation plan; |
| 2. | Preliminary deliberation on agenda items regarding the results of additional truth-seeking investigations; |
| 3. | Preliminary deliberation on agenda items regarding preparation and publication of a report on the results of additional truth-seeking investigations; |
| 4. | Other matters that the Committee identifies as requiring a preliminary deliberation by the relevant subcommittee in relation to additional truth-seeking investigations. |
| (5) | Where a subcommittee requests the Committee to deliberate and resolve on the matters specified in the subparagraphs of paragraph (4), the subcommittee shall attach its opinion. |
| (6) | The Committee shall have an advisory body that professionally reviews the Committee's affairs, such as medical assistance. |
| Article 6-2 (Organization and Operation of Subcommittee for Deliberation on Monetary Compensation) |
| (1) | Matters to be deliberated on by the subcommittee for deliberation on monetary compensation under Article 5 (6) of the Act (hereinafter referred to as the "compensation deliberation subcommittee") shall be as follows: |
| 2. | Matters concerning the order of applications for determination on the payment of monetary compensation under the latter part of Article 16-2 (3) of the Act; |
| 3. | Other matters mandated by the Committee in relation to the determination to pay monetary compensation. |
| (2) | The compensation deliberation subcommittee shall be comprised of at least four but up to nine members, including one chairperson. |
| (3) | The chairperson and members of the compensation deliberation subcommittee shall be nominated by the chairperson of the Committee from among the members of the Committee. |
| (4) | Article 2-2 shall apply mutatis mutandis to exclusion of, challenge to, or refrainment by a member of the compensation deliberation subcommittee. |
| (5) | Meetings of the compensation deliberation subcommittee shall pass resolutions with the attendance of a majority of its members and by the concurring vote of a majority of those present. |
| (6) | Article 5-2 shall apply mutatis mutandis to the request by the compensation deliberation subcommittee for cooperation from relevant agencies. |
[This Article Newly Inserted on Apr. 12, 2022]
The Committee, subcommittee under Article 5 (5) of the Act, and compensation deliberation subcommittee may pay allowances and reimburse travel expenses of their members and members of an advisory body who attend their meetings within the budget: Provided, That this shall not apply where a member who is a public official attends their meetings in direct relation to his or her duties. <Amended on Apr. 12, 2022>
| Article 8 (Operating Rules) |
Except as provided in this Decree, matters necessary for the organization, operation, etc. of the Committee, subcommittee under Article 5 (5) of the Act, and compensation deliberation subcommittee shall be determined by the chairperson, following resolution by the Committee. <Amended on Apr. 12, 2022>
| Article 9 (Reporting on Victims and Survivors) |
| (1) | A person who intends to be determined as a victim of the Jeju April 3 Incident or his or her survivor shall attach the documents prescribed in the relevant subparagraph to the application forms under the following classification and shall submit them to the Working Committee on Discovering the Truth of the Jeju April 3 Incident and the Restoration of Honor of the Victims under Article 6 (1) of the Act (hereinafter referred to as the "Working Committee"): <Amended on Apr. 12, 2022> |
| 1. | Where he or she files a report on a victim (a person with aftereffect disability) or his or her survivor: A report on a victim (a person with aftereffect disability) or his or her survivor in attached Form 1 and the following documents: |
| (a) | The following documents that can verify the relationship between a victim and a reporting person: |
| (i) | A family relation certificate of the reporting person; |
| (ii) | A certified copy of archived family register of the victim (it shall be submitted where the relationship with the victim cannot be confirmed through a family relation certificate; and in the absence of a certified copy of archived family register, an explanatory statement thereon shall be submitted); |
| (b) | Materials evidencing the ground for reporting: Provided, That a written guaranty in attached Form 2 prepared separately or jointly by two of the following persons shall be attached, where it is impracticable to attach such evidentiary materials: |
| (ii) | A person who experienced or witnessed the Jeju April 3 Incident; |
| (iii) | A person who heard relevant facts from a person who experienced or witnessed the Jeju April 3 Incident (limited to cases where it is possible to specify persons who experienced or witnessed the Jeju April 3 Incident); |
| (c) | A medical certificate issued by a national general hospital, an affiliated hospital of a medical college, or a hospital designated by the Working Committee (hereinafter referred to as "designated hospital, etc."); |
| 2. | Where he or she files a report on a victim (a deceased or missing person) or his or her survivor: A report on a victim (a deceased or missing person) or his or her survivor in attached Form 3 and the following documents: |
| (a) | Documents referred to in subparagraph 1 (a); |
| (b) | Documents referred to in subparagraph 1 (b); |
| (c) | A written guarantee in attached Form 2 prepared by each of the two relatives of the victim by stating that the victim's survivor is performing ancestral rites or managing the grave (limited to cases where a person who is a collateral blood relative within the fourth degree of relationship of the victim and performs ancestral rites or manages the grave is reported as a survivor); |
| 3. | Where he or she files a report on a victim (a sentenced inmate) or his or her survivor: A report on a victim (a sentenced inmate) or his or her survivor in attached Form 4 and the following documents: |
| (a) | Documents referred to in subparagraph 1 (a); |
| (b) | Documents referred to in subparagraph 1 (b); |
| (c) | Documents referred to in subparagraph 2 (c); |
| 4. | Where he or she files a report only on a survivor of a victim: A report on a survivor of a victim in attached Form 5 and the following documents: |
| (a) | Documents referred to in subparagraph 1 (a); |
| (b) | Documents referred to in subparagraph 2 (c). |
| (2) | A report under paragraph (1) shall be filed from January 1, 2023 to June 30, 2023. <Amended on Apr. 12, 2022> |
| (3) | The chairperson of the Working Committee shall make a public announcement of matters regarding the places and methods of reporting, etc. before the reporting period under paragraph (2) commences. |
| (4) | The Working Committee in receipt of a report under paragraph (1) shall verify the certified copy of resident registration card, which enables confirmation of the relationship with the victim, through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where a reporting person does not consent to the verification, the Working Committee shall require the reporting person to attach the relevant document. <Amended on Apr. 12, 2022> |
| (5) | Upon receipt of a report under paragraph (1), the Working Committee shall enter the details thereof in the register of receipt of reports on victims in attached Form 6; conduct fact-finding investigations on the details, etc. of the reports and attached documents; and shall request the Committee to deliberate and resolve thereon, attaching its opinions thereto. |
| Article 10 (Deliberation and Determination) |
| (1) | The Committee shall deliberate and resolve on the matter within 90 days from the date of receipt of the request specified in Article 9 (5), and notify the Working Committee of the results. |
| (2) | Upon receipt of notification under paragraph (1), the Working Committee shall notify the reporting person of the results without delay as prescribed by ordinance of Jeju Special Self-Governing Province. |
| Article 11 (Preparation of List) |
| (1) | The Working Committee shall prepare and keep a list of persons who have been determined as victims and their survivors under Article 10 (1). |
| (2) | Upon receiving an application from a reporting person or a relative of a victim under Article 9, the Working Committee shall allow him or her to inspect the list referred to in paragraph (1) or provide a copy thereof, unless there is a compelling reason not to do so. |
| Article 12 (Reporting on Results of Additional Truth-Seeking Investigations) |
| (1) | When the Committee prepares and issues an additional truth-seeking investigation report under Article 11 (1) of the Act, it shall make up for the incomplete parts of the Jeju 4.3 Incident Investigation Report (referring to the report prepared under Article 7 of the Special Act on Discovering the Truth on the Jeju April 3 Incident and the Restoration of Honor of Victims (Act No. 6117)). |
| (2) | Upon preparing and publishing an additional truth-seeking investigation report, the Committee shall without delay report it to the National Assembly. |
| (3) | An additional truth-seeking investigation report under Article 11 (2) of the Act shall be disclosed by posting it on the website of the Ministry of the Interior and Safety and a foundation referred to in Article 25 of the Act. |
| Article 13 (Application for Determination on Preparation or Correction of Family Relation Register) |
| (1) | A person seeking a determination by the Committee to prepare a family relation register or correct entries thereof pursuant to Article 12 of the Act shall submit to the Committee an application for determination on the preparation (correction) of a family relation register in attached Form 7 accompanied by documents according to the following classifications: |
| 1. | Where a person subject to the preparation or correction of a family relation register is a victim: The following documents: |
| (a) | The family relation certificate, the identification certificate, and a certified copy of the archived family register of the victim himself or herself (where no relevant document exists, an explanatory statement thereon); |
| (b) | A notice of determination of a victim; |
| (c) | Where the applicant is a survivor, his or her family relation certificate; |
| 2. | Where a person subject to the preparation or correction of a family relation register is a survivor: The following documents: |
| (a) | The family relation certificate, the identification certificate, and a certified copy of the archived family register of the survivor himself or herself; |
| (b) | The family relation certificate, the identification certificate, and a certified copy of the archived family register of the victim himself or herself (where no relevant document exists, an explanatory statement thereon); |
| (c) | A notice of determination of a survivor; |
| (d) | A notice of determination of a victim; |
| (e) | Where the applicant is a survivor other than the survivor subject to the preparation or correction: The relevant survivor's family relation certificate; |
| 3. | Where the person subject to the preparation or correction of a family relation register is neither a victim nor a survivor: The following documents: |
| (a) | The family relation certificate, an identification certificate, and a certified copy of the archived family register of the person subject to the preparation or correction of a family relation register; |
| (b) | A notice of determination of a victim (only in cases where the person in question can submit the document); |
| (c) | A document that can verify the relationship between the person in question and the victim. |
| (2) | Upon receipt of an application filed under paragraph (1), the Working Committee may take the following measures: Provided, That measures under subparagraph 3 shall be taken, except in exceptional circumstances, such as where no survivor or interested person exists: |
| 1. | Requesting supplementation or correction of any defect, if any, in an application or submitted documents; |
| 2. | Requesting related documents or data necessary for the fact-finding investigation; |
| 3. | Notifying survivors and interested persons of the fact of filing of an application and receiving opinions; |
| (3) | After conducting fact-finding investigations of the application, submitted documents and data, etc. under paragraphs (1) and (2), the Working Committee shall file with the Committee a request for deliberation and resolution thereon accompanied by opinions on the investigation. |
| (4) | The Committee shall deliberate and resolve on the matter within 180 days from the date of receipt of the request specified in Article (3), and notify the Working Committee of the results without delay. |
| (5) | Upon receipt of notification under paragraph (4), the Working Committee shall notify the applicant, the survivors, and interested persons under paragraph (2) 3 of the details without delay. |
| (6) | Article 11 shall apply mutatis mutandis to the preparation of the list of persons whose application is accepted, and perusal, and provision of copies thereof. |
[This Article Wholly Amended on Mar. 14, 2023]
| Article 13-2 (Standards for Payment of Monetary Compensation to Victims Suffering from Aftereffect Disability) |
"Disability grade and labor loss rate prescribed by Presidential Decree" in Article 16 (1) 2 of the Act means the disability grade and labor loss rate prescribed in the attached Table. [This Article Newly Inserted on Apr. 12, 2022]
| Article 13-3 (Application for Determination on Payment of Monetary Compensation) |
| (1) | A person who intends to apply for a determination on the payment of monetary compensation pursuant to Article 16 (1) and 16-2 (2) of the Act shall submit to the Working Committee an application for a determination on the payment of monetary compensation in attached Form 7-2, accompanied by the documents classified as follows. In such cases, the Working Committee shall verify an abstract of the resident registration record card of the applicant through administrative information sharing under Article 36 (1) of the Electronic Government Act, and where the applicant disagrees with the verification, the Working Committee shall have the applicant attach the relevant document: |
| 1. | In cases of an application for the payment of monetary compensation for a victim deceased or missing: The following documents: |
| (a) | A notice of determination of a victim under Article 10 (2); |
| (b) | A notice of determination of a survivor under Article 10 (2); |
| (c) | The following documents that can verify the relationship between a victim and an applicant: |
| (i) | A family relation certificate of the applicant; |
| (ii) | A certified copy of archived family register of the victim (in the absence of a certified copy of archived family register, an explanatory statement thereon shall be submitted); |
| 2. | In cases of an application for the payment of monetary compensation to victims suffering from the aftereffect disability: The following documents: |
| (a) | A notice of determination of a victim under Article 10 (2); |
| (b) | A notice of determination of a survivor under Article 10 (2) (it shall be submitted only where an application is filed by a bereaved family member); |
| (c) | The following documents evidencing the relationship between a victim and an applicant (it shall be submitted only where a person determined as a victim suffering from the aftereffect disability deceased): |
| (i) | A family relation certificate of the applicant; |
| (ii) | A certified copy of the archived family register of the victim (in the absence of a certified copy of the archived family register, an explanatory statement thereon shall be submitted); |
| (d) | An additional medical certificate issued by a designated hospital, etc. concerning the aftereffect disability sustained by a victim (it shall be submitted only where the aftereffect disability recorded on the medical certificate prescribed in Article 9 (1) 1 (c) worsen or other aftereffect disability is added): Provided, That it need not be submitted where an applicant intends for the medical certificate under Article 9 (1) 1 (c) to substitute for it; |
| 3. | In cases of an application for the payment of monetary compensation to a sentenced inmate victim: The following documents: |
| (a) | A notice of determination of a victim under Article 10 (2); |
| (b) | A notice of determination of a survivor under Article 10 (2) (it shall be submitted only where an application is filed by a survivor); |
| (c) | The following documents evidencing the relationship between a victim and an applicant (it shall be submitted only where a person determined as a sentenced inmate victim deceased): |
| (i) | A family relation certificate of the applicant; |
| (ii) | A certified copy of archived family register of the victim (in the absence of a certified copy of archived family register, an explanatory statement thereon shall be submitted); |
| (d) | Additional evidentiary materials related to a sentenced inmate victim (they shall be submitted only where any additional materials exist, other than the evidentiary materials under Article 9 (1) 1 (b), with respect to the fact of imprisonment or custody, suspended execution of the sentence of imprisonment without labor or a heavier punishment, or the sentencing of a fine as punishment): Provided, That they need not be submitted where an applicant intends for the evidentiary materials under Article 9 (1) 1 (b) to substitute for them. |
| (2) | Where two or more heirs apply for a determination to pay monetary compensation by selecting a representative pursuant to Article 16 (3) of the Act, they shall submit a certificate of selection of a representative prepared by each heir by joint name. |
| (3) | Where a person who performs ancestral rites for a victim or manages a grave applies for a determination to pay monetary compensation pursuant to Article 16 (5) of the Act, he or she shall submit a written guarantee in attached Form 2 prepared by each of the two relatives of the victim or by joint name. |
| (4) | Where necessary to supplement application documents under paragraphs (1) through (3), the Working Committee may request verification of the relevant materials or submission of additional materials. |
[This Article Newly Inserted on Apr. 12, 2022]
| Article 13-4 (Public Announcement of Application Period for Monetary Compensation) |
| (1) | The period for applying for a determination on the payment of monetary compensation under the former part of Article 16-2 (3) of the Act shall be from June 1, 2022 to May 31, 2025. |
| (2) | A public announcement of the period for applying for a determination on the payment of monetary compensation and the order of applications under Article 16-2 (3) of the Act shall be made by the following means: |
| 2. | The website of the Committee or Jeju Special Self-Governing Province; |
| 3. | Other means of public announcements determined by the Committee in a manner similar to those in subparagraph 1 or 2. |
[This Article Newly Inserted on Apr. 12, 2022]
| Article 14 (Re-Deliberation) |
| (1) | A person who intends to apply for re-deliberation under Article 17 of the Act shall submit to the Committee an application for re-deliberation in attached Form 8 accompanied by materials evidencing the reasons for the application for re-deliberation. |
| (2) | The Committee in receipt of an application for re-deliberation under paragraph (1) shall make a determination on re-deliberation within 60 days from the date of receiving the application and notify the applicant of the results without delay. |
| Article 14-2 (Request for Payment of Monetary Compensation) |
A person who intends to request the payment of monetary compensation, etc. pursuant to Article 17-2 of the Act shall submit to the Working Committee a written request for payment of monetary compensation, etc. in attached Form 7-3, accompanied by the following documents: | 1. | An authentic copy of a written determination to pay monetary compensation, etc.; |
| 2. | A written consent to the determination to pay monetary compensation, etc. in attached Form 7-4; |
| 3. | A certificate of an applicant's seal impression; |
| 4. | A copy of the bankbook of an applicant to receive monetary compensation, etc. |
[This Article Newly Inserted on Apr. 12, 2022]
| Article 14-3 (Delay Interest) |
[This Article Newly Inserted on Apr. 12, 2022]
| Article 15 (Medical Allowances) |
| (1) | A person to whom the Committee decides to pay medical allowances under Article 19 (1) of the Act shall be paid an amount calculated as follows: |
| 1. | Future medical expenses: The amount calculated based on a written estimate of medical expenses issued by a designated hospital, etc.: Provided, That where it is impossible to estimate future medical expenses despite the recognized need for future medical treatment, the Working Committee shall determine the amount in consideration of the future medical expenses of similar cases; |
| 2. | Expenses for nursing care shall be 562,000 won a month, in cases where based upon the diagnostic certificate issued by a designated hospital, etc., it is deemed to be difficult for the relevant person to move without the assistance of another person due to his or her physical disability even after he or she is completely recovered; |
| 3. | Where, based upon the diagnostic certificate issued by a designated hospital, etc., it is deemed necessary to wear assistive devices, expenses for purchasing assistive devices shall be calculated by multiplying the market purchasing price of assistive devices by the number of the purchases deemed necessary during the life expectancy of the relevant person depending on the useful life of assistive devices: Provided, That if the life expectancy of the relevant person is shorter than a useful life of assistive devices, the useful life shall be deemed the life expectancy. |
| (2) | When calculating the amounts referred to in paragraph (1) 1 and 3, the intermediary interest shall be deducted by the simple discount method at statutory interest rate, and the life expectancy referred to in paragraph (1) 3 shall be in accordance with the standards published by the Statistics Korea. |
| Article 16 (Living Allowances) |
| (1) | Persons eligible for living allowances under Article 19 (1) of the Act are as follows: Provided, That persons who have already been receiving living allowances pursuant to other statutes or regulations shall be excluded herefrom. |
| 1. | A person without any dependent family member, who has difficulty in earning a living due to loss of working ability; |
| 2. | A person with dependent family members, who has difficulty in earning a living due to lack of ability to support them. |
| (2) | The living allowances under paragraph (1) may be paid every month, as determined by the Committee within the budget, based upon the amount calculated by dividing 40/100 of the standard median income (referring to the standard median income of three-person households) under subparagraph 11 of Article 2 of the National Basic Living Security Act by three. |
| (3) | Article 15 (3) shall apply mutatis mutandis to the methods for paying living allowances. |
| Article 17 (Time the Entitlement to Medical Allowances and Living Allowances Arises) |
An entitlement to medical allowances and living allowances under Article 19 of the Act shall arise on the date a report on a victim or his or her survivor is filed under Article 9.
| Article 18 (Application for Request for Judicial Declaration of Disappearance) |
| (1) | A person, who intends to make the Committee request a court to issue a judicial declaration of disappearance under Article 20 (1) of the Act, shall submit to the Committee an application for request for a judicial declaration of disappearance with regard to a victim found missing in attached Form 9 accompanied by the following documents: <Amended on Apr. 12, 2022> |
| 1. | An identification certificate, family relation certificate, or certified copy or extract of the resident registration card of a victim found missing (where no relevant document exist, referring to an archived family relation register; and where no family relation register exists, referring to an explanatory statement thereon); |
| 2. | A notice of determination of a victim; |
| 3. | A family relation certificate of an applicant. |
| (2) | Upon receipt of an application under paragraph (1), the Committee shall verify the applicant’s certified copy or extract of resident registration record card through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where the applicant does not consent to the verification, the Committee shall require the applicant to attach the relevant document. <Amended on Apr. 12, 2022> |
| (3) | Upon receipt of an application filed under paragraph (1), the Committee shall inform the applicant of subsequent schedules and procedures without delay; and the Committee may request the applicant to make supplementations with regard to matters for which the court requires additional substantiation to make a judicial declaration of disappearance. |
| (4) | Article 11 shall apply mutatis mutandis to the preparation, etc. of the list of victims found missing for whom a request for a judicial declaration of disappearance has been filed under Article 20 (1) of the Act. |
| Article 19 (Jeju April 3 Trauma Healing Programs) |
| (1) | The State or a local government may require any of the following institutions or organizations to implement a Jeju April 3 trauma healing program under Article 23 (1) of the Act (hereinafter referred to as the "healing program"): |
| 3. | A non-profit corporation established pursuant to other statutes to perform programs such as those for improving the welfare of victims and their survivors of the Jeju April 3 Incident; |
| 4. | Any other agency or organization deemed by the Minister of the Interior and Safety to have professional human resources and facilities necessary for healing programs. |
| (2) | Where the State or a local government entrusts an institution or organization referred to in any subparagraph of paragraph (1) with healing programs under the same paragraph, it may subsidize necessary expenses. |
| Article 20 (Contribution to Foundation Related to Jeju April 3 Incident) |
The Government may contribute funds to a foundation performing the following programs pursuant to Article 25 of the Act: | 1. | Operation and management of the Jeju April 3 historical records archives and the peace park; |
| 2. | Additional truth-seeking investigations into the Jeju April 3 Incident; |
| 3. | Programs to stabilize the livelihood and promote the welfare of victims and their survivors; |
| 4. | Memorial programs for the Jeju April 3 Incident; |
| 5. | Cultural and academic programs related to the Jeju April 3 Incident; |
| 6. | Programs related to the Jeju April 3 Incident prescribed by the articles of incorporation of the foundation. |
| Article 21 (Methods of Receiving Donated Money and Valuables) |
| (1) | In receiving donated money pursuant to Article 28 (1) of the Act, a foundation shall receive it by means of depositing it into an account at a postal office under the Postal Savings and Insurance Act or a bank under the Banking Act, and shall immediately issue a receipt to the donor: Provided, That a receipt need not to be issued where the donation is made anonymously or the donor is unknown. |
| (2) | Where a foundation receives donated money pursuant to paragraph (1), it shall manage it through a separate account. |
| (3) | Where a donor restricts the use of donated money or valuables to a particular purpose, a foundation shall use them only for such purpose: Provided, That a foundation may use the money or valuables for a purpose similar to the particular purpose with the consent of the donor in any of the following circumstances: |
| 1. | Where it is impossible to achieve the particular purpose if the donated money is used for that purpose; |
| 2. | Where there is a residue of donated money and valuables after using them for the particular purpose. |
| (4) | A foundation shall report the status of receiving donated money and valuables to the Minister of the Interior and Safety on a biannual basis by no later than the 10th day of the month following the last day of the relevant half-year. |
| (5) | A foundation shall prepare ledgers recording, among other things, the status of receiving donated money and valuables and their uses, and make them available for inspection by donors. |
| (6) | A foundation shall disclose on its website the records of receipt and use of donated money and valuables of the previous year by the last day of February every year. |
ADDENDA <Presidential Decree No. 31802, Jun. 22, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 24, 2021.
Article 2 (Transitional Measures concerning Amendment of Forms)
Forms under the previous provisions may be used until June 30, 2021, and the parts amended pursuant to this Decree shall be used after modification.
Article 3 Omitted.
ADDENDUM <Presidential Decree No. 32570, Apr. 12, 2022>
This Decree shall enter into force on April 12, 2022: Provided, That the amended provisions of Articles 2-2 and 5-2 shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 33323, Mar. 14, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Application for Determination on Preparation of Family Relation Registers or Correction of Entries Thereof)
Notwithstanding the amended provisions of Article 13, the previous provisions shall apply where an application for determination by the Committee is filed to prepare a family relation register or to correct entries thereof pursuant to Article 12 of the Act before this Decree enters into force.