CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the promotion of human rights, democratic development, and national harmony by investigating the truth of the Jeju April 3 Incident, and by restoring the honor of the victims and their bereaved families and compensating the victims. <Amended on Jan. 11, 2022>
The terms used in this Act are defined as follows: <Amended on Jan. 11, 2022>
| 1. | The term "Jeju April 3 Incident" means an incident in which the lives of inhabitants were sacrificed in the civil disturbance that arose on April 3, 1948 starting from March 1, 1947 and in the process of armed conflicts and suppression thereof that took place in Jeju-Do and the suppression thereof until September 21, 1954; |
| 2. | The term "victim" means a person who deceased or went missing, suffers from the aftereffects, became disabled, or was convicted of a crime due to the Jeju April 3 Incident, and has been determined as a victim of the Jeju April 3 Incident in accordance with Article 5 (2) 2; |
| 3. | The term "bereaved family" means a spouse (including a de facto spouse; hereinafter the same shall apply) and lineal ascendents and descendents of a victim: Provided, That where a victim has no spouse and lineal ascendents and descendents, the bereaved family means his or her brothers and sisters, and where he or she has no brothers and sisters, the bereaved family means a person determined as a bereaved family member in accordance with Article 5 (2) 2 among the de facto bereaved family who hold a memorial service for the victim or care of his or her grave as collateral relatives within the fourth degree of consanguinity; |
| 4. | The term "monetary compensation" means a lump sum payment made pursuant to Article 16 to compensate for damage incurred by the Jeju April 3 Incident; |
| 5. | The term "monetary compensation, etc." means monetary compensation, medical allowances and living allowances. |
| Article 3 (Rights of Victims and Their Bereaved Families) |
| (1) | Victims and their bereaved families shall have the rights to submit their opinions in connection with the truth investigation, honor recovery and monetary compensation, and the implementation of commemorative projects for the resolution of the Jeju April 3 Incident, and the State shall respect such rights. <Amended on Jan. 11, 2022> |
| (2) | In the course of solving the Jeju April 3 Incident, the State shall respect the opinions of the residents of Jeju Special Self-Governing Province. |
| Article 4 (Responsibilities of the State) |
The State shall take measures necessary for restoring honor of victims and their bereaved families and take appropriate measures for reconciliation of the offenders who have fully cooperated for ascertaining truth, and shall endeavor for national reconciliation.
CHAPTER II COMMITTEE ON DISCOVERING THE TRUTH OF THE JEJU APRIL 3 INCIDENT AND THE RESTORATION OF HONOR OF THE VICTIMS
| Article 5 (Committee on Discovering the Truth of the Jeju April 3 Incident and the Restoration of Honor of the Victims) |
| (1) | 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") shall be established under the jurisdiction of the Prime Minister in order to investigate the truth of the Jeju April 3 Incident, examine and determine victims and bereaved families in accordance with this Act, and deliberate and resolve on matters regarding the recovery of their honor, monetary compensation, etc. <Amended on Jan. 11, 2022> |
| (2) | The Committee shall deliberate and resolve on the following matters: <Amended on Jan. 11, 2022> |
| 1. | Matters concerning collecting and analyzing related data domestically and overseas for the fact-finding investigations on the Jeju April 3 Incident; |
| 2. | Matters regarding examining and determining victims and their bereaved families; |
| 3. | Matters regarding restoring honor of victims and their bereaved families; |
| 4. | Matters regarding preparing a fact-finding investigation report and creating historical records archives; |
| 5. | Matters regarding creating a memorial cemetery and establishing a memorial tower; |
| 6. | Recommendations for stating the position, etc. of the Government on the Jeju April 3 Incident; |
| 7. | Matters regarding preparing a family relations register referred to in Article 11; |
| 8. | Matters regarding investigating a place where a massacre was committed and a secret burial site and exhuming and collecting remains, etc.; |
| 9. | Matters regarding the determination to pay monetary compensation, etc. to victims; |
| 10. | Matters regarding recommendations on requests for ex officio retrials under Article 15; |
| 11. | Matters regarding requests for declaration of disappearance under Article 20; |
| 12. | Matters regarding additional fact-finding investigations; |
| 13. | Other matters prescribed by Presidential Decree for the investigation of the truth, recovery of honor, and monetary compensation. |
| (3) | The Committee shall be comprised of up to 25 members, including one chairperson. |
| (4) | The Prime Minister shall be the chairperson, and members of the Committee shall be appointed or commissioned by the Prime Minister from among persons recommended by the Minister of Economy and Finance, the Minister of Justice, the Minister of National Defense, the Minister of the Interior and Safety, the Minister of Health and Welfare, the Minister of Government Legislation, and the Jeju Special Self-Governing Province Governor; four persons recommended by the National Assembly (two persons recommended by the negotiating body of the political party to which the President currently belongs or formerly belonged and, two persons recommended the other negotiating bodies), and those who have extensive knowledge and experience including representatives of the bereaved families. In such cases, a member of the Committee shall hold office for a term of two years and may be appointed consecutively only once. |
| (5) | The Committee shall have subcommittees to conduct additional fact-finding investigations, among the affairs of the Committee. In such cases, the members of subcommittees shall include four members recommended by the National Assembly pursuant to paragraph (4), and the chairperson of each subcommittee shall be determined by the chairperson of the Committee from among the members recommended by the National Assembly. |
| (6) | The Committee shall establish a subcommittee for deliberation on monetary compensation to handle matters regarding the determination to pay monetary compensation, etc. among the duties of the Committee. <Newly Inserted on Jan. 11, 2022> |
| (7) | The Committee may have an advisory organization to seek advice on matters necessary to perform its duties. <Amended on Jan. 11, 2022> |
| (8) | The members of the advisory organization under paragraph (7) shall be commissioned by the chairperson of the Committee from among the representatives of bereaved families and persons who have extensive knowledge and experience. <Amended on Jan. 11, 2022> |
| (9) | Matters necessary for organizing and operating the Committee shall be prescribed by Presidential Decree. <Amended on Jan. 11, 2022> |
| Article 6 (Working Committee on Discovering the Truth of the Jeju April 3 Incident and the Restoration of Honor of the Victims) |
| (1) | The Working Committee on Discovering the Truth of the Jeju April 3 Incident and the Restoration of Honor of the Victims (hereinafter referred to as the "Working Committee") shall be established under the jurisdiction of the Governor of Jeju Special Self-Governing to implement matters determined upon by the Committee and conduct matters entrusted by the Committee. |
| (2) | The Working Committee shall conduct the following matters: <Amended on Jan. 11, 2022> |
| 1. | Matters regarding receiving reports on damage of victims and their bereaved families; |
| 2. | Matters regarding investigating reports on damage; |
| 3. | Matters regarding the receipt of applications, investigation, etc. such as preparation of family relations registers under Article 12; |
| 4. | Matters regarding the receipt of applications for monetary compensation under Article 16 and the investigation and execution of such monetary compensation; |
| 5. | Matters regarding the execution of medical allowances and living allowances under Article 19; |
| 6. | Matters regarding requests for declaration of disappearance under Article 20; |
| 7. | Other matters delegated by the Committee. |
| (3) | The Working Committee shall be comprised of up to 20 members, including one chairperson. <Amended on Jan. 11, 2022> |
| (4) | The Jeju Special Self-Governing Province Governor shall be the chairperson, and members of the Committee shall be appointed or commissioned by the chairperson from among persons who have profound knowledge and experience, including relevant public officials and representatives of the bereaved families. |
| (5) | Matters necessary for organizing and operating the Working Committee shall be prescribed by ordinance of the relevant local government. |
| Article 7 (Prohibition of Divulgence of Confidential Information) |
| (1) | No person shall obstruct the performance of duties by a member or employee of the Committee or the Working Committee, a member of an advisory organization, or an appraiser, who perform their duties under this Act, by assault, intimidation, or force. |
| (2) | No current or former member of the Committee or the Working Committee shall divulge confidential information which he or she has become aware of in the course of performing duty. |
| Article 8 (Prohibition of Unfavorable Treatment) |
| (1) | Any person may testify to the Jeju April 3 Incident without any restraint. |
| (2) | No victim and his or her bereaved family shall be accorded any disadvantage or unfair treatment for being a victim or bereaved family of the Jeju April 3 Incident. |
CHAPTER III Reporting on Damage
| Article 9 (Reporting on Damage and Establishment of Reporting Centers) |
| (1) | The Committee shall establish reporting centers in Korea and overseas diplomatic missions of the Republic of Korea to enable victims and their bereaved families related to the Jeju April 3 Incident to report damage and shall publicly announce such fact. |
| (2) | Where the Committee receives a report on damage, it shall faithfully notify matters regarding procedures subsequent to the filing of the report and rights of victims and their bereaved families, etc. |
| (3) | Matters necessary for reporting damage and establishing reporting centers shall be prescribed by Presidential Decree. |
| Article 10 (Duty of Government and Relevant Agencies and Organizations for Cooperation) |
| (1) | Where data necessary for additional fact-finding investigations are retained by any other country, the Government shall faithfully negotiate with the government of such country. |
| (2) | Relevant agencies and organizations shall provide convenience necessary for discovering and inspecting data related to the Jeju April 3 Incident. |
| Article 11 (Report on Fact-Finding Investigation Results) |
| (1) | Where additional fact-finding investigations are completed, the Committee shall prepare and publish a report on the results thereof and report it to the National Assembly. |
| (2) | The Committee shall disclose the report referred to in paragraph (1): Provided, That if it is deemed inevitable in promoting national security, national reconciliation, and development of democracy, the Committee, by its determination, need not disclose some contents of the reports. |
| (3) | Matters necessary for preparing and publishing a report and reporting it to the National Assembly under paragraph (1) and means of disclosure, etc. under paragraph (2) shall be prescribed by Presidential Decree. |
CHAPTER IV RESTORATION OF HONOR OF AND MONETARY COMPENSATION FOR VICTIMS AND THEIR BEREAVED FAMILIES
| Article 12 (Preparation of Family Relations Registers) |
Notwithstanding the provisions of other statutes and regulations, where a person's family relations register has not been prepared as a result of damage from the Jeju April 3 Incident or where his or her family relations are incorrectly entered in the family relations register, the family relations register may be prepared or records thereof may be corrected in accordance with the procedures prescribed by the Rules of the Supreme Court, according to the determination of the Committee.
| Article 13 (Protection of Rights and Interests of Victims and Bereaved Families) |
No person shall deface the reputation of victims, their bereaved families, and the bereaved families association, by disseminating false information on the fact-finding investigation results of the Jeju April 3 Incident and the Jeju April 3 Incident, with the intention of publicly slandering victims or their bereaved families.
| Article 14 (Special Retrials) |
| (2) | The persons listed in Order No. 20 of the High Military Court of the Jeju Island Martial Law District dated December 29, 1948, Order Nos. 1 through 18 of the High Military Court dated from July 3 to July 9, 1949, and appendix to respective aforesaid Orders shall be deemed persons found guilty in a final and conclusive judgment pursuant to paragraph (1). |
| (4) | The procedures for retrials under paragraph (1) shall be subject to the application of the relevant provisions of the Criminal Procedure Act and the Military Court Act as long as they are not against the nature of the relevant retrial. |
| Article 15 (Recommendation of Requests for Ex Officio Retrials) |
| (1) | The Committee may recommend that the Minister of Justice make a request for an ex officio retrial on the conviction of a person entitled to make a request for a retrial in accordance with Article 14 (1) and (2). <Amended on Aug. 16, 2023> |
| (2) | The Minister of Justice may take necessary measures pursuant to the purport of the recommendation referred to in paragraph (1). |
| Article 16 (Monetary Compensation) |
| (1) | With respect to a person determined as a victim, the State shall pay monetary compensation in the amount classified as follows, taking into account the lost profits of the victim, long-term delay of monetary compensation, damages for emotional distress, etc., calculated based on statistical data close to the time when the incident occurred: |
| 1. | A person determined as a deceased or missing victim: 90 million won; |
| 2. | A person determined as a victim suffering from the aftereffects: An amount determined by the Committee within the limit of 90 million won, taking into account the disability grade and labor loss rate prescribed by Presidential Decree; |
| 3. | A person determined as a sentenced inmate victim: An amount specified in each of the following items: Provided, That in cases falling under all of the following items, the greater of the amounts shall be paid and in cases where he or she died or went missing while in prison, the amount specified in subparagraph 1 shall be paid: |
| (a) | In cases of imprisonment or custody: An amount determined by the Committee, not exceeding the daily maximum criminal monetary compensation in the year of determination of payment multiplied by the number of days of imprisonment or custody as well as damages for emotional distress: Provided, That such monetary compensation shall not exceed the amount under subparagraph 1; |
| (b) | Where sentenced to a suspended sentence of imprisonment without labor or a heavier punishment or to a fine: An amount determined by the Committee, not exceeding 50/100 of the amount under subparagraph 1. |
| (2) | Where a person determined to be suffering from the aftereffects dies due to a cause other than such aftereffects, the person is deemed to be alive and the monetary compensation under paragraph (1) 2 shall be paid. |
| (4) | The spouse of an heir referred to in paragraph (3) shall include a de facto spouse determined as a bereaved family member pursuant to subparagraph 3 of Article 2: Provided, That this shall not apply where such de facto spouse is in a marital, or a de facto marital, relationship with a person other than the victim. |
| (5) | Notwithstanding paragraph (3), where a collateral blood relative within the fourth degree determined as a bereaved family member pursuant to subparagraph 3 of Article 2 deceases, the person who performs a victim’s ancestral rites or manages a grave among his or her lineal descendants shall jointly hold the right to receive monetary compensation in the same priority as a collateral blood relative within the fourth degree of relationship. |
| (6) | A person determined as a bereaved family member under subparagraph 3 of Article 2 shall have the right to receive monetary compensation, in the case of a victim who does not have an archived family register or a family relations register. In such cases, paragraphs (3) through (5) shall apply mutatis mutandis. |
| (7) | In order to commemorate victims without heirs under the provisions of paragraphs (3) through (5), the State may subsidize expenses incurred in promoting domestic and overseas projects, such as consolation projects for the victims, projects for upholding such values as peace, human rights, reconciliation and mutual prosperity, and projects for the recovery of community. |
[This Article Wholly Amended on Jan. 11, 2022]
| Article 16-2 (Application for Monetary Compensation) |
| (1) | The Committee shall establish and publicly announce a reception desk where applications for monetary compensation can be submitted and received at domestic and overseas diplomatic missions of the Republic of Korea. |
| (2) | A person who intends to receive monetary compensation shall submit a written application for monetary compensation, accompanied by relevant evidential documents, to the reception desk publicly announced pursuant to paragraph (1), as prescribed by Presidential Decree. |
| (3) | The Committee shall publicly announce the application period for monetary compensation, as prescribed by Presidential Decree. In such cases, the order of applications may be determined and publicly announced, considering the survival of a victim, the date of the determination of a victim, etc. |
| (4) | Other matters necessary for applications for monetary compensation shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 11, 2022]
| Article 16-3 (Deliberation and Resolution) |
| (1) | Upon receipt of an application for monetary compensation pursuant to Article 16-2, the Working Committee shall conduct a fact-finding investigation on the relevant evidential documents, etc. and request the Committee to deliberate and resolve on the case by attaching its opinions thereto. |
| (2) | The Committee shall deliberate and resolve on the matter within 90 days from the date of receipt of the request under paragraph (1), and notify the Working Committee of the result. |
[This Article Newly Inserted on Jan. 11, 2022]
| Article 16-4 (Service of Written Determination) |
| (1) | The Working Committee shall serve the authentic copy of the written determination on the relevant applicant within 30 days from the date of receipt of notification under Article 16-3 (2). |
| (2) | The provisions on service in the Civil Procedure Act shall apply mutatis mutandis to the service under paragraph (1). |
[This Article Newly Inserted on Jan. 11, 2022]
| Article 17 (Re-Deliberation) |
| (1) | A person who has an objection to the determination of a victim or his or her bereaved family or to the determination on the payment of monetary compensation, etc. under Article 5 may apply to the Committee for re-deliberation within 30 days from the date he or she is notified of the determination by the Committee. <Amended on Jan. 11, 2022> |
| (2) | Matters necessary for an application for re-deliberation and the determination, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 17-2 (Applicant's Consent and Payment of Monetary Compensation) |
| (1) | Where an applicant who has been served an authentic copy of a written determination on monetary compensation, etc. intends to receive monetary compensation, etc., he or she shall, without delay, file with the Working Committee a request for payment of monetary compensation, etc., accompanied by a written consent to the determination. |
| (2) | Except as provided in paragraph (1), necessary matters such as procedures for payment of monetary compensation, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 11, 2022]
| Article 17-3 (Delay Interest) |
| (1) | For the applicants whose application order arrives after one year has elapsed from the date of the initial application reception as applications for monetary compensation under Article 16-2 are received in the order determined by the Committee, monetary compensation, etc. shall be paid by adding delay interest for the period between the date one year has elapsed from the date of initial application reception and the start date of application reception in the relevant order: Provided, That cases where the filing of an application is delayed for reasons attributable to the applicant shall be excluded. |
| (2) | Monetary compensation, etc. under this Act shall be paid within 30 days from the date an applicant requests for the payment of monetary compensation, etc. under Article 17-2 (1), and the interest shall be additionally paid for the period of delay if such payment is not made within the specified period of time. |
| (3) | The interest under paragraphs (1) and (2) shall be calculated according to the interest rate prescribed by Presidential Decree in consideration of the average interest rate on one-year term deposits offered by commercial banks. |
[This Article Newly Inserted on Jan. 11, 2022]
| Article 17-4 (Protection of Rights to Monetary Compensation) |
The right to receive monetary compensation, etc. under this Act may not be transferred, provided as security, or seized.
[This Article Newly Inserted on Jan. 11, 2022]
| Article 17-5 (Tax Exemption) |
No national tax and local tax shall be imposed on monetary compensation, etc. pursuant to this Act.
[This Article Newly Inserted on Jan. 11, 2022]
| Article 18 (Transposition System of Administrative Determination before Litigation) |
| (1) | A lawsuit regarding the determination of a victim or his or her bereaved family or the payment of monetary compensation, etc. under Article 5 may only be instituted after the Committee has made a determination on such determination or payment: Provided, That this shall not apply where the Committee fails to make such determination even after six months have passed from the date a report or application is filed. <Amended on Jan. 11, 2022> |
| (2) | A lawsuit under paragraph (1) shall be instituted within 60 days from the date he or she is notified of a determination (including a determination on an application for re-deliberation) of the Committee. |
| Article 18-2 (Special Cases concerning Requests for Criminal Compensation) |
[This Article Newly Inserted on Jan. 11, 2022]
| Article 18-3 (Relationship with Compensation under Other Statutes) |
| (2) | A person who has received compensation or monetary compensation in relation to the Jeju April 3 Incident from the State or a local government pursuant to the National Compensation Act or other statutes or regulations shall be paid monetary compensation under this Act after deduction. |
| (3) | Where an applicant agrees to a determination to pay monetary compensation, etc. under this Act, it shall be deemed that a judicial settlement has been established in accordance with the Civil Procedure Act with respect to the damage suffered in connection with the Jeju April 3 Incident. |
[This Article Newly Inserted on Jan. 11, 2022]
| Article 18-4 (Recovery of Monetary Compensation) |
| (1) | Where a person who has received monetary compensation, etc. pursuant to this Act falls under any of the following cases, the State may recover all or part of the monetary compensation, etc. that he or she has received: Provided, That the entire monetary compensation shall be recovered in cases falling under subparagraph 1: |
| 1. | Where the monetary compensation, etc. has been paid by fraud or other improper means; |
| 2. | Where the monetary compensation, etc. has been erroneously paid. |
| (2) | In cases of the recovery of monetary compensation, etc. by the State under paragraph (1), it shall be collected in the same manner as the compulsory collection of national tax. |
[This Article Newly Inserted on Jan. 11, 2022]
| Article 18-5 (Period of Prescription) |
The right to receive monetary compensation, etc. pursuant to this Act shall become extinct if not exercised within three years from the date an authentic copy of a written determination of the payment of monetary compensation, etc. is served on the applicant: Provided, That where a lawsuit seeking the payment of monetary compensation, etc. under this Act is instituted, prescription shall be suspended from the date such lawsuit is instituted until the date a final judgment is issued.
[This Article Newly Inserted on Jan. 11, 2022]
| Article 19 (Medical Allowances and Living Allowances) |
| (1) | The Government may provide persons who require continuous medical treatment or regular use of nursing care or supporting aids among the victims with medical allowances and purchase of nursing care and supporting aids and living allowances. |
| (2) | Matters necessary for the scope of provision of medical allowances and living allowances, calculation of the amounts thereof, the methods of payment, etc. shall be prescribed by Presidential Decree. <Amended on Jan. 11, 2022> |
| Article 20 (Special Cases concerning Request for Declaration of Disappearance) |
| (2) | Except as otherwise provided in this Act, the declaration of disappearance shall be made in accordance with the procedures stipulated in relevant statutes and regulations including the Civil Act. |
| Article 21 (Special Cases concerning Claims for Recognition of Paternity or Motherhood) |
| (1) | Notwithstanding Article 864 of the Civil Act, where his or her father or mother deceased due to the Jeju April 3 Incident, a person may file a lawsuit seeking recognition of paternity or motherhood against the prosecutor within two years from the enforcement date of this Act (referring to April 12, 2022 on which the partially amended Special Act on Discovering the Truth on the Jeju April 3 Incident and the Restoration of Honor of Victims, Act No. 18745, entered into force). <Amended on Jan. 11, 2022> |
| (2) | Where a report on the declaration of disappearance is filed pursuant to Article 20, a lawsuit seeking recognition of paternity or motherhood may be filed against a prosecutor within two years from the date of such report. |
CHAPTER V SUPPORT FOR COMMMUNITY RECOVERY
| Article 22 (Duty to Support Community Recovery) |
The State and local governments shall endeavor to cure physical and psychological damage of victims and their bereaved families and to recover community.
| Article 23 (Jeju April 3 Trauma Healing Programs) |
| (1) | The State or a local government may implement Jeju April 3 trauma healing programs to provide victims and their bereaved families with medical examination, counseling, and treatment of psychological symptoms, mental disorders, and the like aggravated by the Jeju April 3 Incident. |
| (2) | Matters necessary for the Jeju April 3 trauma healing programs referred to in paragraph (1) shall be prescribed by Presidential Decree. |
| Article 24 (Commemorative Programs) |
The State and local governments may support expenses necessary to implement the following programs within the budget so as to console the souls of victims and utilize such programs as a venue for education on peace and human rights by reflecting historical significance thereof. In such cases, the State and local governments shall respect the opinions of victims, their bereaved families, and the residents of Jeju Special Self-Governing Province concerning the provision of support for the programs:
| 1. | Conducting commemorative events; |
| 2. | Creation of memorial parks and memorial cemeteries and the construction of memorial towers and historical records archives; |
| 3. | Preservation and maintenance of the relics of the Jeju April 3 Incident; |
| 4. | Research and education related to the Jeju April 3 Incident; |
| 5. | Commemorative programs related to the Jeju April 3 Incident. |
| Article 25 (Contribution to Foundation Related to Jeju April 3 Incident) |
The State and local governments may contribute funds to a foundation established for the purpose of the operation and management of the Jeju April 3 historical records archives and peace park, and the performance of other programs, such as additional fact-findng, and livelihood stabilization and welfare promotion of victims and their bereaved families to promote peace and human rights, as prescribed by Presidential Decree.
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 26 (Processing of Personally Identifiable Information) |
| (1) | The Committee or the Working Committee may collect, use, and process personally identifiable information under Article 24 (1) of the Personal Information Protection Act where necessary for matters relating to the determination of victims and their bereaved families under Article 5, preparation of family relations registers under Article 12, recommendation for requests for ex officio retrials under Article 15, requests for declaration of disappearance under Article 20, additional fact-finding investigations, payment of monetary compensation, etc. <Amended on Jan. 11, 2022> |
[Title Amended on Jan. 11, 2022]
| Article 27 (Fact-Finding Investigation and Duty to Cooperate) |
| (1) | The Committee or the Working Committee may hear testimony or statements from a victim, witness, or expert witness or conduct verifications or necessary investigations, and may request that the heads of administrative agencies or other related agencies provide data on personal information relating to resident registration, family relations register, etc., for such purposes as determining victims or their bereaved families, preparing family relations registers, making a recommendation for requests for ex officio retrials, making requests for declaration of disappearance, conducting additional fact-finding investigations, and paying monetary compensation under this Act. <Amended on Jan. 11, 2022> |
| (2) | The head of an administrative agency or other related agency in receipt of the request under paragraph (1) shall comply with the request unless there is a justifiable reason, and notify the Committee or the Working Committee of the result without delay. <Newly Inserted on Jan. 11, 2022> |
| Article 28 (Special Cases concerning Receipt of Entrusted Donations) |
| (2) | Matters necessary for procedures for receiving donations entrusted pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
| Article 29 (Restriction on Establishing Organizations to Support Victims) |
No person shall establish an organization for the purpose of making profits under the pretext of supporting victims or their bereaved families, or conduct a collective or personal activity.
| Article 30 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
CHAPTER VII PENALTY PROVISIONS
| Article 31 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended on Jan. 11, 2022> |
| 1. | A person who receives, or aids to receive, monetary compensation, etc. under this Act by fraud or other improper means; |
| 2. | A person who assaults or intimidates a member or employee of the Committee or the Working Committee, a member of an advisory organization, or an appraiser, or obstructs the execution of his or her duties by fraudulent means, in violation of Article 7 (1). |
| (2) | Any person who forms an organization for the purpose of profit-making or performs a collective or personal activity in violation of Article 29 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. |
| (3) | Any person who divulges confidential information, in violation of Article 7 (2), shall be punished by imprisonment for not more than two years or by a fine not exceeding 20 million won. |
| (4) | Any person who attempts to commit an offense under paragraph (1) 1 shall be punished. <Newly Inserted on Jan. 11, 2022> |
ADDENDA <Act No. 17963, Mar. 23, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (General Transitional Measures)
Any disposition, procedure or other acts under the previous provisions as at the time this Act enters into force shall be deemed taken pursuant to the corresponding provisions of this Act, if such provisions exist in this Act.
Article 3 (Transitional Measures concerning Previous Determinations)
A person for whom determination of a victim and his or her bereaved family or determination to pay medical allowances and living allowances has been made under the previous provisions as at the time this Act enters into force shall be deemed to have received such determination under the amended provisions of Article 5. Article 4 (Transitional Measures concerning Committee and Working Committee)
The Committee on Discovering the Truth of the Jeju April 3 Incident and the Restoration of Honor of the Victims and the Working Committee on Discovering the Truth of the Jeju April 3 Incident and the Restoration of Honor of the Victims established under the previous provisions as at the time this Act enters into force, shall be deemed the Committee on Discovering the Truth of the Jeju April 3 Incident and the Restoration of Honor of the Victims under the amended provisions of Article 5 and the Working Committee on Discovering the Truth of the Jeju April 3 Incident and the Restoration of Honor of the Victims under the amended provisions of Article 6, respectively. Article 5 (Transitional Measures concerning Members of Committee and Working Committee)
The members of the Committee or the Working Committee appointed or commissioned pursuant to the previous provisions at the time this Act enters into force shall be deemed the members of the Committee or the Working Committee appointed or commissioned pursuant to this Act. In such cases, members of the Committee or the Working Committee shall be deemed to have been appointed or commissioned on the date when this Act enters into force.
ADDENDUM <Act No. 18745, Jan. 11, 2022>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 19631, Aug. 16, 2023>
This Act shall enter into force on the date of its promulgation.