Article 1(Purpose) #
The purpose of this Act is to contribute to the promotion of human rights, democratic development, and national unity by ascertaining the truth of the March 15 Uprising and by the State restoring the honor of persons who participated therein.
Article 2(Definitions) #
"March 15 Uprising" in this Act means the pro-democracy movement that occurred in the Masan area in protest against the fraudulent election of March 15, 1960, around the period from March 15 to April 13, 1960.
Article 3(Ascertainment of truth) #
The ascertainment of the truth of the March 15 Uprising shall be conducted by the Truth and Reconciliation Commission (hereinafter referred to as the "Truth and Reconciliation Commission") pursuant to the Framework Act on Settling the Past for Truth and Reconciliation.
Article 4(Reporting on investigation results) #
(1) Where the investigation into the March 15 Uprising is completed and the truth is ascertained, the Truth and Reconciliation Commission shall prepare a report on the results and report it to the President and the National Assembly.
(2) The Truth and Reconciliation Commission shall disclose the results report; provided, if the Truth and Reconciliation Commission determines that nondisclosure is unavoidable for national security, national unity, and democratic development, it need not disclose part of the results report.
Article 5(Obligations of State agencies to cooperate) #
(1) Relevant agencies, including State agencies and local governments, shall actively cooperate in the ascertainment of the truth under Article 3.
(2) If the Truth and Reconciliation Commission deems it necessary for the performance of duties under Article 3, it may delegate part of such duties to, or perform such duties jointly with, relevant agencies, including local governments.
Article 6(Relationship to other statutes) #
Except as provided in this Act, the Framework Act on Settling the Past for Truth and Reconciliation shall apply mutatis mutandis to the ascertainment of the truth of the March 15 Uprising.
Article 7(Special retrial) #
(1) A person who has received a final and conclusive judgment of conviction or a judgment of acquittal by reason of exemption from prosecution in connection with acts related to the March 15 Uprising may request a retrial notwithstanding Articles 420 and 424 of the Criminal Procedure Act and Articles 469 and 473 of the Military Court Act.
(2) A request for retrial shall fall under the jurisdiction of the court that rendered the original judgment; provided, if the original judgment against a person not subject to the Military Criminal Act was rendered by a court-martial or military court, jurisdiction shall lie with the court having jurisdiction over the person's place of residence according to the relevant court instance.
(3) Where a petitioner for retrial who has received a final and conclusive judgment of conviction has been pardoned or the sentence has become invalid, the court having jurisdiction over the retrial shall render a final judgment on the merits notwithstanding Articles 326 through 328 of the Criminal Procedure Act and Articles 381 through 383 of the Military Court Act. The same shall also apply to a petitioner for retrial who has received a judgment of acquittal by reason of exemption from prosecution.
(4) Procedures for retrial under paragraph (1) shall be governed by the relevant provisions of the Criminal Procedure Act and the Military Court Act to the extent consistent with the nature of such retrial.
Article 8(Commemorative projects) #
The State shall promote commemorative projects to succeed to the spirit of the March 15 Uprising.
Article 9(Financial support) #
Where projects related to the March 15 Uprising are promoted, the State and local governments may support part of the expenses necessary for such projects within the budget.
Article 10(Restrictions on organization of support groups) #
No person shall organize a profit-making organization or engage in collective or individual activities under the pretext of supporting persons who participated in the March 15 Uprising.
Article 11(Penalty provisions) #
A person who violates Article 10 shall be punished by imprisonment with labor for not more than 3 years or by a fine not exceeding 30 million won.