SPECIAL ACT ON INVESTIGATING THE TRUTH OF THE MAY 18 DEMOCRATIZATION MOVEMENT

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to ascertain distorted or covered-up truths by investigating human rights abuses, violence, massacre, secret burials, etc. caused by anti-democratic or anti-humane acts committed by state power at the time in relation to the May 18 Democratization Movement in 1980, thereby contributing to the unity of the people. <Amended on Jan. 5, 2021>

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Jan. 5, 2021>

1. The term "May 18 Democratization Movement" means a demonstration held in Gwangju-related regions in May 1980, against which the military, etc. committed the crime of destroying constitutional order and unlawfully exercised governmental authority, resulting in numerous victims and sufferers;

2. The term "victim" means a person who died or went missing at the time in relation to the May 18 Democratization Movement;

3. The term "sufferer" means any of the following persons:

(a) Any person, other than a victim, who suffered from detention, confinement, injury, harsh treatment, or from the aftereffects thereof at the time in relation to the May 18 Democratization Movement;

(b) The spouse, lineal ascendants or descendants, and siblings of a victim;

Article 3(Scope of Truth Investigation) #

The Commission to Investigate the Truth of the May 18 Democratization Movement established under Article 4 shall reveal the truth behind the following: <Amended on Jan. 5, 2021>

1. Significant human rights violations, such as murder of civilians, death caused by injury, injury, sexual violence, or experience of any mental or physical aftereffects, etc. committed by state power, such as the military and the police, in relation to the May 18 Democratization Movement;

SPECIAL ACT ON INVESTIGATING THE TRUTH OF THE MAY 18 DEMOCRATIZATION MOVEMENT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Scope of Truth Investigation) #

Article 4(Establishment of Commission to Investigate Truth of May 18 Democratization Movement) #

Article 5(Independence of Commission) #

Article 6(Duties of Commission) #

Article 7(Composition of Commission) #

Article 8(Term of Office of Chairperson and Members) #

Article 9(Operating Period of Commission) #

Article 10(Duties of Chairperson) #

Article 11(Members' Independence in Performing Duties and Guarantee of Status) #

Article 12(Grounds for Disqualification of Members) #

Article 13(Prohibition of Members from Holding Concurrent Offices and Others) #

Article 14(Exclusion of, Challenge to, and Refrainment by Members) #

Article 15(Proceedings and Quorum to Adopt Resolutions) #

Article 16(Disclosure of Proceedings) #

Article 17(Maximum Number of Commission Staff and Others) #

Article 18(Establishment of Secretariat) #

Article 18-2(Establishment of Advisory Organization) #

Article 19(Guarantee of Status of Staff Members) #

Article 20(Establishment of Disciplinary Commission) #

Article 21(Dispatch of Public Officials) #

Article 22(Ex Officio Investigations to Ascertain Truth) #

Article 23(Application for Truth Investigation) #

Article 24(Methods of Filing Applications) #

Article 25(Decision of Rejection) #

Article 26(Commencement of Investigations to Ascertain Truth) #

Article 27(Methods for Conducting Investigations to Ascertain Truth) #

Article 27-2(Search and Excavation of Remains) #

Article 27-3(Genetic Test) #

Article 28(Order of Accompanying) #

Article 29(Verification) #

Article 30(Request for Search and Seizure Warrants) #

Article 31(Decision of Ascertained Truth) #

Article 32(Decision of Unascertainable Truth) #

Article 33(Giving Notice of Decisions and Filing Objections) #

Article 34(Reporting and Granting Opportunity to State Opinions) #

Article 35(Obligations of State Agencies and Others to Cooperate) #

Article 36(Delegation and Entrustment of Duties) #

Article 37(Protection of Persons Subject to Investigation) #

Article 38(Holding Hearings) #

Article 39(Requesting Attendance of Witnesses) #

Article 40(Obligations of Witnesses and Others to Attend) #

Article 41(Oaths by Witnesses and Others) #

Article 42(Protection of Witnesses and Others) #

Article 43(Verification) #

Article 44(Filing Accusations and Requesting Investigations) #

Article 45(Requesting Inspection by Board of Audit and Inspection of Korea) #

Article 46(Repairing Damage and Restoring Honor) #

Article 47(Recommending Special Amnesty and Reinstatement of Rights for Victims) #

Article 48(Amnesty for Perpetrators) #

Article 49(Protection of Applicants) #

Article 50(Protection of Secrets of Applicants) #

Article 51(Personal Protection Measures) #

Article 52(Reduction of and Exemption from Responsibility) #

Article 53(Prohibition of Disadvantageous Measures) #

Article 54(Request for Protective Measures) #

Article 67(Penalty Provisions) #

Article 68(Joint Penalty Provisions) #

Article 69(Mitigation of Punishment) #

Article 70(Administrative Fines) #

Article 15(Proceedings and　Quorum to Adopt Resolutions) #