FRAMEWORK ACT ON SETTLING THE PAST FOR TRUTH AND RECONCILIATION

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

This Act aims to contribute to national unity and the development of democracy to move toward the future by investigating anti-Japanese independence movements and cases involving violations of human rights, violence, massacres, and suspicious deaths caused by anti-democratic or anti-human rights acts, thereby establishing the truth that has been distorted or concealed and preventing recurrence, establishing the legitimacy of the nation, and promoting reconciliation with the past, including the restoration of the honor of victims and persons harmed by anti-democratic or anti-human rights acts and their surviving family members.

Article 2(Scope of truth-finding) #

(1) The Truth and Reconciliation Commission under Article 4 shall establish the truth regarding the following matters:

1. Anti-Japanese independence movements which had been carried out during the Japanese occupation or immediately prior to that period;

2. History of overseas Koreans who have defended the sovereignty of the Republic of Korea and extended its national power after the Japanese occupation until the enforcement date of this Act (referring to the enforcement date of the Framework Act on Settling the Past for Truth and Reconciliation (Act No. 7542));

3. Cases of collective civilian deaths, killings, injuries, disappearances, torture, or detention unlawfully committed during the period from August 15, 1945 to the period before and after the Korean War;

4. Cases of death, injury, disappearance, torture, or detention arising from illegal or manifestly unjust exercises of public authority, such as acts undermining the constitutional order, during the period from August 15, 1945 to the time of the establishment of the National Human Rights Commission of Korea, as well as other cases of serious human rights violations and cases suspected of fabrication;

5. Cases of terrorism, human rights abuses, violence, massacres, or suspicious deaths committed during the period from August 15, 1945 to the period of authoritarian rule by forces that deny the legitimacy of the Republic of Korea or are hostile to the Republic of Korea;

6. Cases of human rights violations that occurred during the period from August 15, 1945 to the time of the establishment of the National Human Rights Commission of Korea in social welfare institutions, adoption agencies, and collective accommodation facilities, etc. directly operated by the State or local governments, or in social welfare institutions, adoption agencies, and collective accommodation facilities, etc. operated by private institutions supported, managed, or supervised by the State or local governments;

FRAMEWORK ACT ON SETTLING THE PAST FOR TRUTH AND RECONCILIATION

Article 1(Purpose) #

Article 2(Scope of truth-finding) #

Article 3(Rights of persons harmed) #

Article 4(Establishment and independence of Truth and Reconciliation Commission) #

Article 5(Organization of the Commission) #

Article 6(Term of office of the chairperson and members) #

Article 7(Composition of subcommittees) #

Article 8(Duties of chairperson) #

Article 9(Independence and guarantee of status of members in the performance of duties) #

Article 10(Grounds for disqualification of members) #

Article 11(Prohibition of concurrent offices of members) #

Article 12(Exclusion, challenge, and recusal of members) #

Article 13(Proceedings and quorum of meetings) #

Article 14(Disclosure of proceedings) #

Article 15(Meeting minutes) #

Article 16(Establishment of Secretariat) #

Article 17(Establishment of advisory bodies) #

Article 18(Collection of opinions of persons harmed) #

Article 19(Guarantee of status of staff members) #

Article 20(Establishment of disciplinary committee) #

Article 21(Composition and operation of Commission) #

Article 22(Application for truth-finding) #

Article 23(Form of application) #

Article 24(Decision of dismissal without prejudice) #

Article 25(Commencement of truth-finding investigations) #

Article 26(Methods of truth-finding investigation) #

Article 27(Exhumation of remains and compensation for loss) #

Article 28(Order to accompany) #

Article 29(Conduct of Hearings) #

Article 30(Request for attendance of witnesses) #

Article 31(Duty of witnesses to appear) #

Article 32(Oaths of witnesses) #

Article 33(Protection of witnesses) #

Article 34(Verification) #

Article 35(Period of investigation) #

Article 36(Decision on truth-finding) #

Article 37(Decision on inability to establish the truth) #

Article 38(Notice of decisions and objections) #

Article 39(Disclosure of decisions) #

Article 40(Dispatch of public officials) #

Article 41(Protection of members) #

Article 42(Protection of persons subject to investigation) #

Article 43(Reporting and opportunity to state opinions) #

Article 44(Duty of State agencies to endeavor to implement recommendations) #

Article 45(Duty of cooperation of State agencies) #

Article 46(Request for application for warrant of seizure or search) #

Article 47(Accusation and request for investigation) #

Article 48(Responsibilities of the State and local governments) #

Article 49(Prohibition of disadvantage) #

Article 50(Restitution or compensation for damage and restoration of honor) #

Article 51(Recommendation of special pardon and restoration of rights for victims) #

Article 52(Creation and correction of family relations registers) #

Article 53(Reconciliation measures for perpetrators confessing the complete truth) #

Article 54(Reconciliation between perpetrators and persons harmed and surviving family members) #

Article 55(Establishment of Foundation on the Research of the Past) #

Article 56(Promotion of commemoration and memorial projects) #

Article 57(Duty of Confidentiality) #

Article 58(Prohibition of impersonation of qualifications) #

Article 59(Prohibition on use of similar name) #

Article 60(Restriction on organization of groups supporting persons harmed) #

Article 61(Special cases concerning the statute of limitations for claims for damages) #

Article 62(Legal fiction as public officials for purposes of applying penalty provisions) #

Article 63(Penalty provisions) #

Article 64(Joint penalty provisions) #

Article 65(Mitigation of punishment) #

Article 66(Administrative fines) #