Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Special Act on Discovering the Truth on the Jeju April 3 Incident and the Restoration of Honor of Victims and matters necessary for the enforcement thereof.
Article 2(Matters subject to deliberation and resolution) #
"Matters prescribed by Presidential Decree" in Article 5(2)15 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: <Amended on Jul. 30, 2024>
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 Added 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 Added 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) Sub-committees may be established in the Committee to examine matters to be deliberated on and resolved by the Committee in advance. <Added on Jul. 30, 2024>
(7) The Committee shall have an advisory organization that professionally reviews the Committee's affairs, such as medical assistance. <Amended on Jul. 30, 2024>
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:
1. Matters concerning the determination to pay monetary compensation under Article 16(1) of the Act;
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 4 but up to 9 members, including 1 chairperson, taking into consideration gender. <Amended on Jul. 30, 2024>
(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 Added on Apr. 12, 2022]
Article 7(Allowances) #
The Committee, subcommittee under Article 5(5) of the Act, compensation deliberation subcommittee, and sub-committees under Article 6(6) of this Decree may pay allowances and reimburse travel expenses of their members and members of an advisory organization who attend their meetings within the budget; provided, 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; Jul. 30, 2024>
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, compensation deliberation subcommittee, and sub-committees under Article 6(6) of this Decree shall be determined by the chairperson, following resolution by the Committee. <Amended on Apr. 12, 2022; Jul. 30, 2024>
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:
1) A family relation certificate of the reporting person;
2) 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, 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:
1) A relative of a victim (referring to a relative defined in Article 777 of the Civil Act; hereinafter the same shall apply);
2) A person who experienced or witnessed the Jeju April 3 Incident;
3) 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 1a;
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 under Article 25 of the Act.
Article 13(Scope of determination on preparation or correction of family relation register and period of application therefor) #
(1) The scope of determination made by the Committee on the preparation or correction of a family relation register under Article 12(1) of the Act shall be as follows; provided, matters under subparagraphs 2 through 4 of the provisions concerning a person whose dual entry in the archived family register or family relation register exists (including a deceased person) shall be excluded from the scope of determination made by the Committee:
1. Preparation of family relation register of victims (limited to deceased or missing persons) is not registered in the archived family register or family relation register;
2. Entry or correction of the fact of death of victims (limited to the deceased; hereafter the same shall apply in this subparagraph) or matters falling under any of the following items in connection with the entry or correction thereof:
a. Correction of date of birth of biological child of the victim;
b. Confirmation of invalidity of recognition, marriage, divorce, adoption, or dissolution of adoption of victims;
3. Matters concerning the confirmation or recognition of paternity of biological parental relationship with a biological father or mother who is a victim (limited to deceased or missing persons; hereafter the same shall apply in this subparagraph) or a biological father or mother who is not a victim and matters related to such confirmation or recognition, and matters falling under any of the following items:
a. Correction of date of birth of biological child of the victim;
b. Confirmation of non-existence of biological parental relationship with father or mother recorded in the archived family register or family relation register, or confirmation of existence of adoptive relationship;
c. Establishment of family relationship registration of persons whose family relation register is closed by determining matters under item b;
4. Matters falling under subparagraph 3b or c, in connection with the determination by the Committee under Article 21-3(1) or (5) of the Act;
(2) The period for application for determination by the Committee under Article 12(1) of the Act shall be from July 31, 2024 to August 31, 2026.
[This Article Wholly Amended on Jul. 30, 2024]
Article 13-2(Application for determination on preparation or correction of family relation register) #
(1) A person seeking determination by the Committee to prepare a family relation register or correct entries thereof in accordance with Article 12(1) of the Act shall submit to the Committee an application for determination on the preparation or correction of a family relation register in Appendix 7, accompanied by a notice of determination of a victim, a family relation certificate of an applicant, and documents according to the following classifications:
1. In cases of an application for determination on matters under Article 13(1)1: The following documents:
a. An identity card on victims in attached Form 7-2;
b. Where the victim's father or mother is recorded in the identity card under item a, a certified copy of the archived family register, a family relation certificate, a basic certificate, and a marriage relation certificate of the victim's father or mother (where no relevant document exists, such certificate shall not be attached);
c. Where the victim's father or mother is recorded in the identity card under item a, the materials evidencing that he or she is a victim's father or mother;
2. In cases of an application for determination on matters under Article 13(1)2: A certified copy of the archived family register, a family relation certificate, and a basic certificate of the victim (where no relevant document exists, such certificate shall not be attached);
3. In cases of an application for determination on matters under Article 13(1)3: The following documents:
a. A certified copy of the archived family register, a family relation certificate, and a basic certificate of a biological child of the victim (where no relevant document exists, such certificate shall not be attached);
b. A certified copy of the archived family register, a family relation certificate, a basic certificate, and a marriage relation certificate of the biological father or mother of a biological child of the victim (where no relevant document exists, such certificate shall not be attached);
c. The materials evidencing the biological father or mother of a biological child of the victim;
d. An identity card of persons whose family relation register in attached Form 7-3 is closed;
4. In cases of an application for determination on matters under Article 13(1)4: The following documents:
Article 13-3(Fact-finding investigation on application for determination on preparation or correction of family relation register) #
(1) Upon receipt of an application filed under Article 13-2(1), the Working Committee may take the following measures; provided, measures under subparagraph 3 shall be taken, except in extenuating 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.
(2) The Working Committee shall publicly announce the relevant application on the website of Jeju Special Self-Governing Province for 60 days from the date of notification of the application under paragraph (1)3.
(3) Survivors and interested persons who have an opinion on the fact of application may submit to the Working Committee a written opinion on the preparation of a family relation register in attached Form 7-5 or a determination on correction within the period of public announcement under paragraph (2), along with materials evidencing their opinions.
(4) After conducting fact-finding investigations of the application, submitted documents and data, etc. under Article 13-2(1) and paragraphs (1) and (3) of this Article, the Working Committee shall file with the Committee a request for deliberation and resolution thereon, along with opinions on the investigation.
(5) The Committee shall deliberate and resolve on the matter within 180 days from the date of receipt of the request under Article 4, and notify the Working Committee of the results without delay.
(6) Upon receipt of notification under paragraph (5), the Working Committee shall notify the applicant, the survivors, and interested persons under paragraph (1)3 of the details without delay.
(7) Article 11 shall apply mutatis mutandis to the preparation of the list of persons whose application under Article 13-2(1) is accepted, and perusal and provision of copies thereof.
(8) Except as provided in paragraphs (1) through (7), matters necessary for the determination on preparation or correction of family relation register shall be determined by the Chairperson after a resolution by the Committee.
Article 13-4(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 Appendix.
[This Article Added on Apr. 12, 2022]
[Moved from Article 13-2; previous Article 13-4 moved to Article 13-6 <Jul. 30, 2024>]
Article 13-5(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 Articles 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 7-6, along with 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 data matching 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: <Amended on Jul. 30, 2024>
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:
1) A family relation certificate of the applicant;
2) 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 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 victim suffering from the aftereffect disability deceased):
1) A family relation certificate of the applicant;
2) 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. 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)1c worsen or other aftereffect disability is added); provided, it need not be submitted where an applicant intends for the medical certificate under Article 9(1)1c to substitute for it;
Article 13-6(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 December 31, 2026. <Amended on Jul. 30, 2024>
(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:
1. Daily newspapers;
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 Added on Apr. 12, 2022]
[Moved from Article 13-4 <Jul. 30, 2024>]
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 along with 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 7-7, along with the following documents: <Amended on Jul. 30, 2024>
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 7-8;
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 Added on Apr. 12, 2022]
Article 14-3(Delay interest) #
"Interest rate prescribed by Presidential Decree" in Article 17-3(3) of the Act means the basic interest rate under the main clause of Article 43-3(2) of the Enforcement Decree of the Framework Act on National Taxes.
[This Article Added 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, 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, 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 under paragraph (1)1 and 3, the intermediary interest shall be deducted by the simple discount method at statutory interest rate, and the life expectancy under paragraph (1)3 shall be in accordance with the standards published by the Ministry of Data and Statistics. <Amended on Oct. 1, 2025>
(3) Medical allowances shall be paid by depositing them into an account at a postal office under the Postal Savings and Insurance Act or a bank under the Banking Act.
Article 16(Living allowances) #
(1) Persons eligible for living allowances under Article 19(1) of the Act are as follows; provided, 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 Working Committee an application for request for a judicial declaration of disappearance with regard to a victim found missing in attached Form 9, along with the following documents: <Amended on Apr. 12, 2022; Jul. 30, 2024>
1. A certified copy of the archived family register, a family relation certificate, a basic certificate, or certified copy or extract of the resident registration card of a victim found missing (where no relevant document exists, such certificate shall not be attached);
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 Working Committee shall verify the applicant's extract of resident registration record card through administrative data matching under Article 36(1) of the Electronic Government Act; provided, where the applicant does not consent to the verification, the Working Committee shall require the applicant to attach the relevant document. <Amended on Apr. 12, 2022; Jul. 30, 2024>
(3) After conducting fact-finding investigations of the application, submitted documents, etc. under paragraph (1), the Working Committee shall file with the Committee a request for deliberation and resolution thereon, along with opinions on the investigation. <Added on Jul. 30, 2024>
(4) The Committee shall deliberate and resolve on the matter within 180 days from the date of receipt of the request under Article (3), and notify the Working Committee of the results without delay. <Added on Jul. 30, 2024>
(5) Upon receipt of notification under paragraph (4), where the Working Committee decides not to request a judicial declaration of disappearance by the Committee, the Working Committee shall notify the applicant of the details thereof without delay. <Added on Jul. 30, 2024>
(6) Where the Committee decides to request a judicial declaration of disappearance, it shall inform the applicant of subsequent schedules and procedures without delay and 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. <Amended on Jul. 30, 2024>
(7) Where the court issues a judicial declaration of disappearance, the Committee shall notify the applicant of the details thereof without delay. <Added on Jul. 30, 2024>
Article 18-2(Application for determination on de facto matrimonial relationship) #
(1) "Date prescribed by Presidential Decree" in Article 21-2(3) of the Act means September 1, 2024.
(2) A person seeking a determination by the Committee on a de facto matrimonial relationship pursuant to Article 21-2(1) or (2) of the Act shall submit to the Working Committee an application for determination on de facto matrimonial relationship in attached Form, along with the following documents:
1. A notice of determination of a victim;
2. A family relation certificate of an applicant;
3. A certified copy of the archived family register, a family relation certificate, a basic certificate, and a marriage relation certificate of the victim and a person who was in a de facto matrimonial relationship (where no relevant document exists, such certificate shall not be attached);
4. Materials evidencing a de facto matrimonial relationship between the victim and a person who was in a de facto matrimonial relationship.
(3) Upon receipt of an application under paragraph (2), the Working Committee shall verify the applicant's extract of resident registration record card through administrative data matching under Article 36(1) of the Electronic Government Act; provided, where the applicant does not consent to the verification, the Working Committee shall require the applicant to attach the relevant document.
(4) Where it is impracticable to attach evidentiary materials under paragraph (2)4, an applicant shall attach a written guarantee of determination on de facto matrimonial relationship in attached Form 7-4 prepared by relatives of the victim or each of 2 persons or by joint name who can confirm that the victim and the relevant person was in a de facto matrimonial relationship. In such cases, he or she shall attach a certified copy of archived family register, a family relation certificate, a basic certificate, a certificate of seal impression, or a certificate of personal signature of the guarantor to the written guarantee thereof.
[This Article Added on Jul. 30, 2024]
Article 18-3(Fact-finding investigation on application for determination on de facto matrimonial relationship) #
(1) Upon receipt of an application filed under Article 18-2(2), the Working Committee may take the following measures; provided, measures under subparagraph 3 shall be taken, except in extenuating 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.
(2) The Working Committee shall publicly announce the relevant application on the website of Jeju Special Self-Governing Province for 60 days from the date of notification of the application under paragraph (1)3.
(3) Survivors and interested persons who have an opinion on the fact of application may submit to the Working Committee a written opinion on the determination on de facto matrimonial relationship in attached Form 7-5 within the period of public announcement under paragraph (2), along with materials evidencing their opinions.
(4) After conducting fact-finding investigations of the application, submitted documents and data, etc. under Article 18-2(2) and paragraphs (1) and (3) of this Article, the Working Committee shall file with the Committee a request for deliberation and resolution thereon, along with opinions on the investigation.
(5) The Committee shall deliberate and resolve on the matter within 180 days from the date of receipt of the request under Article 4, and notify the Working Committee of the results without delay.
(6) Upon receipt of notification under paragraph (5), the Working Committee shall notify the applicant, the survivors, and interested persons under paragraph (1)3 of the details without delay.
(7) Article 11 shall apply mutatis mutandis to the preparation of the list of persons whose application under Article 18-2(2) is accepted, and perusal and provision of copies thereof.
(8) Except as provided in paragraphs (1) through (7), matters necessary for the determination on de facto matrimonial relationship shall be determined by the Chairperson after a resolution by the Committee.
[This Article Added on Jul. 30, 2024]
Article 18-4(Application for determination on de facto adoptive relationship) #
(1) "Interested person prescribed by Presidential Decree" in Article 21-3(2) of the Act means a person in whose case his or her right to receive the following monetary compensation or indemnity in connection with the victim under Article 21-3(1) or (5) of the Act is changed pursuant to the determination made by the Committee on de facto adoptive relationship.
1. Monetary compensation under Article 16 of the Act;
2. Monetary compensation under the Act on Criminal Compensation and Restoration of Lost Reputation;
3. Indemnity under the State Compensation Act.
(2) "Date prescribed by Presidential Decree" in Article 21-3(3) of the Act means September 1, 2024.
(3) A person seeking a determination by the Committee on de facto adoptive relationship pursuant to Article 21-3(1) or (5) of the Act shall submit to the Working Committee an application for determination on de facto adoptive relationship in attached Form, along with the following documents:
1. A notice of determination of a victim;
2. A family relation certificate of an applicant;
3. A certified copy of the archived family register, a family relation certificate, a basic certificate, a marriage relation certificate, and an adoption relation certificate of the victim (where no relevant document exists, such certificate shall not be attached);
4. A certified copy of the archived family register, a family relation certificate, a basic certificate, and an adoption relation certificate of a person who failed to be reported as adopted child of the victim (where no relevant document exists, such certificate shall not be attached);
5. Materials evidencing a de facto adoptive relationship between the victim and person who failed to be reported as adopted child of the victim.
(4) Upon receipt of an application under paragraph (3), the Working Committee shall verify the applicant's extract of resident registration record card through administrative data matching under Article 36(1) of the Electronic Government Act; provided, where the applicant does not consent to the verification, the Working Committee shall require the applicant to attach the relevant document.
(5) Where it is impracticable to attach evidentiary materials under paragraph (3)5, an applicant shall attach a written guarantee of determination on de facto adoptive relationship in attached Form 7-4 prepared by relatives of the victim or each of 2 persons or by joint name who can confirm that a person failed to be reported as adopted child of the victim. In such cases, he or she shall attach a certified copy of archived family register, a family relation certificate, a basic certificate, a certificate of seal impression, or a certificate of personal signature of the guarantor to the written guarantee thereof.
Article 18-5(Fact-finding investigation on application for determination on de facto adoptive relationship) #
(1) Upon receipt of an application filed under Article 18-4(3), the Working Committee may take the following measures; provided, measures under subparagraph 3 shall be taken, except in extenuating 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.
(2) The Working Committee shall publicly announce the relevant application on the website of Jeju Special Self-Governing Province for 60 days from the date of notification of the application under paragraph (1)3.
(3) Survivors and interested persons who have an opinion on the fact of application may submit to the Working Committee a written opinion on the determination on de facto adoptive relationship in attached Form 7-5 or a determination on correction within the period of public announcement under paragraph (2), along with materials evidencing their opinions.
(4) After conducting fact-finding investigations of the application, submitted documents and data, etc. under Article 18-4(3) and paragraphs (1) and (3) of this Article, the Working Committee shall file with the Committee a request for deliberation and resolution thereon, along with opinions on the investigation.
(5) The Committee shall deliberate and resolve on the matter within 180 days from the date of receipt of the request under Article 4, and notify the Working Committee of the results without delay.
(6) Upon receipt of notification under paragraph (5), the Working Committee shall notify the applicant, the survivors, and interested persons under paragraph (1)3 of the details without delay.
(7) Article 11 shall apply mutatis mutandis to the preparation of the list of persons whose application under Article 18-4(3) is accepted, and perusal and provision of copies thereof.
(8) Except as provided in paragraphs (1) through (7), matters necessary for the determination on de facto adoptive relationship shall be determined by the Chairperson after a resolution by the Committee.
[This Article Added on Jul. 30, 2024]
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"):
1. A foundation referred to in Article 25 of the Act;
2. A mental health improvement facility defined in subparagraph 4 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients;
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, 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, 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.