Article 1(Purpose) #
The purpose of this Act is to ensure stable livelihood and enhanced welfare of persons who have sacrificed themselves for democratization movements and their bereaved family members by having the State restore their honor and pay them compensation, and to contribute to the development of democracy and national harmony.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 2(Definitions) #
The terms used in this Act shall be defined as follows:
1. The term "democratization movement" means activities performed on or after March 24, 1964, which contributed to the realization of the ideals and values put forth by the Constitution and to the establishment of democratic constitutional order and restored and expanded freedom and rights of people by resisting authoritarian rule that had disrupted basic liberal democratic order and infringed on the basic rights of people guaranteed by the Constitution;
2. The term "democratization movement-related person" (hereinafter referred to as "related persons") means a person, among the following persons, deliberated on and determined by the Commission for Democratization Movement Activists’ Honor Restoration and Compensation referred to in Article 4:
(a) A dead or missing person in relation to democratization movements;
(b) A person injured in relation to democratization movements;
(c) A person recognized to suffer from an illness prescribed by Presidential Decree due to his/her participation in democratization movements or a person recognized to have died from aftereffects thereof;
(d) A person who has been found guilty, dismissed from office or subjected to disciplinary measures by school authorities on the grounds of his/her involvement in democratization movements.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 3(Scope, etc. of Bereaved Family Members) #
(1) The term "bereaved family member" referred to by this Act means a successor to property of a related person under the Civil Act: Provided, That in cases of a missing person, a person to become a successor to such missing person's property under the Civil Act as at the time such missing person disappeared shall be deemed a bereaved family member.
(2) Bereaved family members under paragraph (1) shall jointly hold a right to be granted compensation and living allowances prescribed by this Act in proportion to the inherited wealth under the Civil Act.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 4(The Commission for Democratization Movement Activists’ Honor Restoration and Compensation) #
(1) In order to deliberate on and determine the restoration of honor, compensation money, etc. to related persons under this Act and their bereaved family members, the Commission for Democratization Movement Activists’ Honor Restoration and Compensation (hereinafter referred to as "Commission") shall be established under the jurisdiction of the Prime Minister.
(2) The functions of the Commission shall be as follows:
1. Deliberation on and determination of whether a person is a related person or his/her bereaved family member;
2. Determination of the degree of disability of related injured persons;
3. Deliberation on and determination of whether to grant compensation money, etc. to related persons or their bereaved family members and the provision thereof;
4. Matters necessary for the restoration of honor of related persons and their bereaved family members;
5. Funding plans for compensation money, etc. of related persons or their bereaved family members;
6. Support to memorial organizations for related persons;
7. Other matters prescribed by Presidential Decree concerning restoration of honor, compensation, etc.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 5(Organization of the Commission) #
(1) The Commission shall consist of nine members, including one Chairperson, and the members shall be appointed by the President from among persons with abundant knowledge and experience.
(2) The Chairperson shall be elected by mutual vote from among its members, and three members shall be appointed upon the recommendation of the Speaker of the National Assembly, and additional three upon the recommendation of the Chief Justice of the Supreme Court.
(3) The term of office of the Chairperson and members shall be two years, and reappointment is allowed only once.
(4) The Commission shall have a standing investigation member to assist the Commission in its deliberation, as prescribed by Presidential Decree.
(5) Matters necessary for the organization, operation, etc. of the Commission, other than the matters provided in paragraphs (1) through (4), shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 5-2(Issuance, etc. of Certificates of Related Persons) #
The Commission shall publish the determinations made in relation to democratization movements in the official gazette, announce such determinations in two or more daily newspapers, and issue certificates of related persons.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 5-3(Recommendation for Special Amnesty and Restoration of Rights and Request for Erasure of Criminal Records) #
(1) The Commission may recommend that the President grant special amnesty and restoration of rights to persons who have been found guilty in relation to democratization movements and to persons whose qualification has been lost or suspended due thereto as prescribed by statutes.
(2) The Commission may request for the deletion or destruction of criminal records that have been prepared and managed in relation to democratization movements.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 5-4(Recommendations for Reinstatement of Former Position) #
(1) Where a related person so desires, the Commission may recommend that the State, a local government or an employer reinstate such related person who has been dismissed in his/her former position.
(2) In receipt of a recommendation under paragraph (1), the head of an institution shall value the recommended matters and endeavor to implement such matters.
(3) Upon receipt of a recommendation under paragraph (1), the head of an institution shall explain in writing whether he/she has implemented the details of recommendation to the Commission within three months. In such cases, if he/she has failed to implement the details of recommendation, he/she shall state reasons therefor.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 5-5(Recommendations for Erasure, etc. of Scholastic Warning) #
The Commission may recommend that a relevant school erase records of disciplinary measures taken against a related person in relation to democratization movements, to allow him/her to return to school, or to issue him/her with an honorable diploma.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 5-6(Prohibition, etc. of Disadvantageous Treatment) #
No person recognized as a related person pursuant to this Act shall be discriminated against or put at a disadvantage by the State, local governments, employers, etc. for his/her involvement in a democratization movement.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 5-7(Ex Officio Re-Deliberation) #
(1) Where it is found that substantial grounds for modification of the determination of the Commission occur, the Commission may re-deliberate ex officio on the case only once after completing deliberation of the applied case.
(2) Matters necessary for the timing, method, procedures, etc. of ex officio re-deliberation shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 6(Compensation Principle) #
Related persons and their bereaved family members shall be granted compensation according to the degree of sacrifice of the related persons, but the degree of compensation may vary depending on their standard of living.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 7(Compensation Money) #
(1) Related persons and their bereaved family members shall be paid compensation money calculated by adding interest at the statutory rate accrued to the date when compensation is determined to the amount calculated according to the following classifications:
1. A bereaved family member of a person who is confirmed dead or missing in relation to democratization movements: An amount calculated by subtracting intermediary interest calculated by using simple interest formula at the statutory rate from an amount obtained by multiplying the period during which such person can be employed by the amount of monthly salary, amount received each month, or average salary at the time of his/her death or disappearance;
2. A person injured in relation to a democratization movement or his/her bereaved family member: An amount calculated by adding up the following amounts:
(a) Where any loss of income, such as the amount of monthly salary, amount received each month, or average salary, arising due to necessary recuperation, the amount of loss during such period of recuperation;
(b) Where an injured person becomes disabled, an amount obtained, according to the degree of loss of capability to work due to such disability, by subtracting intermediary interest calculated by using simple interest formula at the statutory rate from an amount calculated by multiplying the rate of loss of capability to work and the period during which such person can be employed to the amount of monthly salary, amount received each month, or average salary at the time he/she was injured.
(2) Where a person injured due to a democratization movement dies for a reason other than such injury, he/she shall be deemed alive and compensation money shall be paid pursuant to paragraph (1) 2.
(3) The amount of monthly salary, amount received each month, or average salary of a person under paragraph (1) shall be determined according to certification by the head of a Si/Gun/Gu or the head of a tax office having jurisdiction over his/her address or other certification with public confidence, and where certification is impracticable, it shall be determined as prescribed by Presidential Decree.
(4) In calculating compensation money pursuant to paragraph (1), living expenses prescribed by Presidential Decree shall be subtracted from the amount of monthly salary, amount received each month, or average salary.
(5) Matters necessary for the period during which a person can be employed, classification of disability and the rate of loss of capability to work shall be prescribed by Presidential Decree.
Article 7-2(Adjusted Payment of Compensation Money) #
If a substantial difference exists between the amount of monthly salary, amount received each month, or average salary as at the time of death or injury and the amount of monthly salary, amount received each month, or average salary as at the time compensation is determined, compensation money shall be paid after adjustment, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 8(Medical Allowances) #
(1) For persons who are in need of continuous medical treatment, constant protection, or use of prosthetics due to injury sustained in relation to democratization movements at the time this Act enters into force, among those injured in relation to democratization movements, expenses actually incurred in medical treatment, protection, or the purchase of prosthetics shall be paid in a lump sum, as prescribed by Presidential Decree.
(2) When medical allowances under paragraph (1) is paid, intermediary interest calculated by using simple interest formula at the statutory rate shall be subtracted therefrom.
(3) Medical expenses already paid by a person injured in relation to a democratization movement shall be reimbursed to such person. In such cases, the standards and methods of reimbursement shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 9(Living Allowances) #
(1) The Commission may pay allowances to support the livelihood of any of the following persons and his/her bereaved family members:
1. A person who has been detained for not less than 30 days for his/her involvement in a democratization movement;
2. A person who was injured in relation to a democratization movement and has not received compensation pursuant to Article 7 (1) 2 (b);
3. A dismissed person for his/her involvement in a democratization movement who had been in office for not less than one year.
(2) Living allowances under paragraph (1) may be paid from the contributions for the support of related persons, and the Government may subsidize part of the funds.
(3) Matters necessary for the standards, amount, methods, etc. of paying living allowances shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 10(Application for Payment of Compensation Money, etc.) #
(1) A related person or his/her bereaved family member who intends to be granted compensation money, medical allowances, and living allowances (hereinafter referred to as "compensation money, etc.") shall file an application for payment of compensation money, etc. with the Commission in writing accompanied by related evidentiary documents, as prescribed by Presidential Decree.
(2) An application for payment of compensation money, etc. under paragraph (1) shall be filed within six months from the enforcement date of this Act (referring to May 27, 2007, the enforcement date of the amendment to the Act on the Honor Restoration of and Compensation to Persons Related to Democratization Movements (Act No. 8273)).
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 11(Deliberation and Determination) #
The Commission shall determine whether to pay compensation money, etc. and the amount thereof within 90 days from the date it receives an application for payment: Provided, That in cases of a missing person, it shall be determined within 120 days.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 12(Service of Written Determination) #
(1) Where the Commission determines whether to pay compensation money, etc., an authentic copy of a written determination shall be served on the applicant within 30 days.
(2) The provisions of the Civil Procedure Act concerning service shall apply mutatis mutandis to service under paragraph (1).
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 13(Re-Deliberation) #
(1) A related person or his/her family member who has an objection against matters determined by the Commission under Article 11 may file an application for re-deliberation with the Commission within 30 days from the date he/she is served with a written determination under Article 12.
(2) Articles 11 and 12 shall apply mutatis mutandis to re-deliberation of the Commission and service, respectively. In such cases, "90 days" and "120 days" in Article 11 shall be construed as "60 days", respectively.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 14(Applicants' Approval and Payment of Compensation Money, etc.) #
(1) When an applicant served with an authentic copy of a written determination of compensation intends to be granted compensation money, etc., he/she shall, without delay, file an application for payment of compensation money, etc. with the Commission accompanied by a written approval for such determination.
(2) Matters necessary for the procedures, etc. of payment of compensation money, etc. shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 15(Protection of Rights to be Granted Compensation Money, etc.) #
A right to be granted compensation money, etc. pursuant to this Act shall not be transferred, put in pledge, or seized.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 16(Tax Exemption) #
No national tax and local tax shall be imposed on compensation money, etc. pursuant to this Act.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 17(Determination-Prepositive Principle) #
(1) Litigation over the payment of compensation money, etc. under this Act shall be instituted only after determination or dismissal of the payment of compensation money, etc. is made by the Commission: Provided, That this shall not apply where 90 days pass from the date an application for the payment of compensation money, etc. is filed.
(2) Litigation under paragraph (1) shall be instituted within 60 days from the date an authentic copy of a written determination (including an authentic copy of a written determination of re-deliberation) is served.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 18(Relationship, etc. with Compensation, etc. under other Acts) #
(1) This Act shall not apply to persons eligible for honorable treatment or compensation under other Acts, such as the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, the Act on Support for Persons Eligible for Veteran's Compensation, and the Act on Compensation, etc. to Persons Associated with the May 18 Democratization Movement.
(2) If an applicant approves the determination of the payment of compensation, etc. under this Act, a ruling of consent under the Civil Procedure Act is deemed issued concerning damage suffered in relation to democratization movements.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 19(Recovery of Compensation Money, etc.) #
(1) Where a person who received compensation money, etc. pursuant to this Act falls under any of the following subparagraphs, the State may recover all or part of the compensation money, etc. that he/she received:
1. Where he/she received compensation money, etc. by fraud or other improper means;
2. Where he/she was erroneously paid;
3. Where a person recognized as missing in relation to a democratization movement is proved to be alive or to be dead or missing irrelevant of a democratization movement.
(2) Where recovery is to be made by the State under paragraph (1), it shall be made in the same manner as national taxes are collected.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 20(Factual Investigation and Duty to Cooperate) #
(1) If deemed necessary for compensation, etc. under this Act, the Commission may hear testimony or statements from related persons, witnesses, or persons for reference for compensation money, etc., or, if deemed necessary, conduct inspection, necessary investigation, etc., and request cooperation necessary therefor from administrative agencies and other related institutions, such as inquiry into income or criminal records and certification of facts. <Amended by Act No. 8273, Jan. 26, 2007>
(2) Administrative agencies and other institutions requested to cooperate under paragraph (1) shall handle such request in preference to other duties and notify the Commission of the results thereof without delay.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 21(Prescription) #
A right to be granted compensation money, etc. pursuant to this Act shall become extinct if not exercised within one year from the date an authentic copy of a written determination of the payment of compensation money, etc. is served on the applicant: Provided, That where litigation on the payment of compensation money, etc. under this Act is instituted, prescription shall be suspended from the date litigation is instituted until the date a final judgment is issued.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 22(Collection of Contributions) #
(1) The Commission may collect contributions in order to pay subsidy to related persons, their bereaved family members, etc. and to subsidize projects concerning democratization movements.
(2) The collection of money under paragraph (1) shall be deemed registered under Article 4 of the Act on Collection and Use of Donations.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 23(Memorial Projects) #
The Government shall promote memorial projects aimed at maintaining the spirit of democratization movements.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 24(Financial Support, etc. for Memorial Organizations, etc.) #
(1) According to deliberation and determination of the Commission, the Government may pay all or some of the project expenses, etc. to or on behalf of nonprofit juristic persons or organizations for the purpose of commemorating related persons.
(2) Juristic persons or organizations intending to receive support under paragraph (1) shall file an application for support for project expenses, etc. with the Commission, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 25(Restriction on Establishing Organizations to Support Related Persons) #
No person shall establish an organization for the purpose of making profits under the pretext of supporting related persons or their bereaved family members, or conduct an organizational or personal activity.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]
Article 26(Penalty Provisions) #
(1) Any person who receives compensation money pursuant to this Act or enables another person to receive compensation money by fraud or other improper means shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding five million won.
(2) Any person who attempts to commit a violation under paragraph (1) shall be punished.
(3) Any person who violates Article 25 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding three million won.
[This Article Wholly Amended by Act No. 13289, May 18, 2015]