Article 1(Purpose) #
The purpose of this Act is to contribute to the promotion of democracy and national harmony by discovering the truth of the Yeosu-Suncheon October 19 Incident, and by restoring the honor of the victims and their bereaved families.
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Dec. 26, 2023>
1. The term "Yeosu-Suncheon October 19 Incident" means an incident in which some soldiers of the 14th Regiment of the Armed Forces stationed in Yeosu at the initial stage of the establishment of the Government of the Republic of Korea refused the State's order to suppress the "Jeju April 3 Incident", causing a number of civilians to be killed in the process of confusion and armed conflicts that occurred in Yeosu-Suncheon, Jeollanam-do, Jeonbuk Special Self-Governing Province, and parts of Gyeongsangnam-do, and suppression thereof from October 19, 1948 to April 1, 1955, when the ban on the entry into Jirisan Mountain was lifted;
2. The term "victim" means a person who died or went missing, suffers from sequelae, or was a sentenced inmate in connection with the Yeosu-Suncheon October 19 Incident, and has been determined as a victim of the Yeosu-Suncheon October 19 Incident in accordance with Article 3(2)3;
3. The term "bereaved family" means a spouse (including a de facto spouse; hereinafter the same shall apply) and lineal ascendants and descendants of a victim; provided, where a victim has no spouse and lineal ascendants and descendants, the bereaved family means his or her brothers and sisters, and where he or she has no brothers and sisters, the bereaved family means a person determined as a bereaved family member in accordance with Article 3(2)3 among the de facto bereaved family who hold a memorial service for the victim or care of his or her grave as collateral relatives within the fourth degree of consanguinity.
Article 3(Committee on Discovering the Truth on the Yeosu-Suncheon October 19 Incident and the Restoration of Honor of Victims) #
(1) The Committee on Discovering the Truth on the Yeosu-Suncheon October 19 Incident and the Restoration of Honor of Victims (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Prime Minister in order to discover the truth of the Yeosu-Suncheon October 19 Incident, examine and determine victims and bereaved families under this Act, and deliberate and resolve on matters regarding the recovery of their honor, monetary compensation, etc.
(2) The Committee shall deliberate and resolve on the following matters:
1. Matters regarding discovering the truth on the Yeosu-Suncheon October 19 Incident;
2. Matters regarding collecting and analyzing related data domestically and overseas for investigations for discovering the truth on the Yeosu-Suncheon October 19 Incident;
3. Matters regarding examining and determining victims and their bereaved families;
4. Matters regarding restoring honor of victims and their bereaved families;
5. Matters regarding preparing a fact-finding report and creating historical records archives;
6. Matters regarding creating a memorial cemetery and establishing a memorial tower;
7. Matters regarding recommendations for stating the position, etc. of the Government on the Yeosu-Suncheon October 19 Incident;
8. Matters regarding preparing a family relation register under Article 12;
9. Matters regarding investigating a place where a massacre was committed and a secret burial site and exhuming and collecting remains, etc.;
10. Matters regarding the decision on payment of medical allowances and living allowances;
11. Other matters prescribed by Presidential Decree for discovering the truth and restoring honor.
(3) The Committee shall be composed of not more than 15 members, including 1 chairperson and 1 vice chairperson.
(4) The Prime Minister shall be the chairperson and the Minister of the Interior and Safety shall be the vice chairperson. <Amended on Jan. 7, 2025>
(5) The following persons shall be members appointed or commissioned by the Prime Minister; in such cases, the chairperson shall give top priority to the political neutrality and objectivity of the Committee when appointing or commissioning members: <Added on Jan. 7, 2025>
1. The Minister of Justice, the Minister of National Defense, the Minister of Government Legislation, and the Governor of Jeollanam-do;
2. 4 persons recommended by the National Assembly (1 person recommended by the Speaker of the National Assembly, 1 person recommended by the negotiation group of the political party to which the President belongs or belonged, and 2 persons recommended by other negotiation groups);
3. Representatives of the bereaved families;
4. Persons commissioned by the chairperson from among persons with extensive knowledge of and experience in the Yeosu-Suncheon October 19 Incident, in consideration of gender balance.
(6) The term of office of commissioned members shall be 2 years and may be appointed consecutively for further terms; provided, where the preparation of a fact-finding report under Article 9 is completed, the term of office of commissioned members shall expire 6 months after the completion date. <Amended on Jan. 7, 2025>
(7) The Committee may establish subcommittees to examine agenda items to be deliberated and resolved on in advance and to operate efficiently. <Amended on Jan. 7, 2025>
(8) The Committee may have an advisory organization to seek advice on matters necessary to perform its business affairs, when necessary. <Amended on Jan. 7, 2025>
(9) If there are reasonable grounds to deem that a case falls under those subject to investigations for discovering the truth, and if it is deemed that investigations for discovering the truth are a matter of great importance, the Committee may investigate the case ex officio after resolution by the Committee. <Amended on Jan. 7, 2025>
(10) Other matters necessary for the composition, operation, etc. of the Committee shall be prescribed by Presidential Decree. <Amended on Jan. 7, 2025>
Article 4(Working Committee on Discovering the Truth on the Yeosu-Suncheon October 19 Incident and the Restoration of Honor of Victims) #
(1) The Working Committee on Discovering the Truth on the Yeosu-Suncheon October 19 Incident and the Restoration of Honor of Victims (hereinafter referred to as the "Working Committee") shall be established under the jurisdiction of the Governor of Jeollanam-do to implement matters resolved upon by the Committee and handle matters entrusted by the Committee.
(2) The Working Committee shall handle the following matters:
1. Matters regarding receipt of reporting on discovering the truth and investigation thereinto;
2. Matters regarding investigations for examining and determining victims and their bereaved families;
3. Matters regarding execution of medical allowances and living allowances;
4. Other matters delegated by the Committee.
(3) The Working Committee shall be composed of not more than 15 members, including 1 chairperson.
(4) The Governor of Jeollanam-do shall be the chairperson, and the members shall be appointed or commissioned by the chairperson from among persons with abundant knowledge and experience, including public officials of relevant local governments and representatives of the bereaved families. In such cases, the chairperson shall give top priority to the political neutrality of the Working Committee when appointing or commissioning members.
(5) Matters necessary for the composition and operation of the Working Committee shall be prescribed by municipal ordinance.
Article 5(Reporting for discovering truth) #
(1) A victim, his or her bereaved family member, a person in a relative relationship, or any person with knowledge of particular facts about discovering the truth may file a reporting for discovering the truth with the Working Committee.
(2) The scope of persons in a relative relationship and persons who have knowledge of particular facts under paragraph (1), and other matters necessary for the methods, procedures, period, etc. of reporting shall be prescribed by Presidential Decree. <Amended on Jan. 7, 2025>
Article 6(Establishment of reporting center and public announcement thereof) #
(1) The Committee shall establish a reporting center to receive reports on investigations for discovering the truth under Article 5 within 30 days from the date of its composition, and request the establishment of a reporting center to the diplomatic missions abroad of the Republic of Korea.
(2) The Committee shall publicly announce the reporting centers established in accordance with paragraph (1).
Article 7(Investigations for discovering truth and collection and analysis of data) #
(1) The Committee shall determine to commence an investigation for discovering the truth by resolution of the Committee, and complete the collection and analysis of data related to the investigation for discovering the truth within 3 years from the commencement date of the first investigation for discovering the truth. <Amended on Jan. 7, 2025>
(2) Where it is impracticable to complete activities for discovering the truth within the period under paragraph (1), the Committee may extend its period by up to 1 year for each extension, after reporting on the extension to the President and the National Assembly, 3 months before the expiration of the period. <Added on Jan. 7, 2025>
(3) The Committee may take the following measures to collect and analyze data related to investigations for discovering the truth under paragraph (1): <Amended on Jan. 7, 2025>
1. Requesting a person subject to investigation and an expert witness to submit a written statement;
2. Requesting a person subject to investigation and an expert witness to appear before the Committee, and hearing their statements;
3. Requesting a person subject to investigation, an expert witness, and other relevant administrative agencies or organizations to submit materials or things.
(4) A person, relevant administrative agency, or organization requested to submit materials or things in accordance with paragraph (2)3 shall submit such data, unless there is compelling not to do so. <Amended on Jan. 7, 2025>
(5) Where the Government keeps materials or things requested to be submitted in accordance with paragraph (2)3 in a foreign country, it shall faithfully negotiate with the government of the foreign country. <Amended on Jan. 7, 2025>
(6) Relevant administrative agencies or organizations shall provide convenience necessary for discovering and inspecting materials related to the Yeosu-Suncheon October 19 incident. <Amended on Jan. 7, 2025>
Article 8(Order of accompanying) #
(1) Where a person deemed to have important evidentiary materials or information related to the truth of the Yeosu-Suncheon October 19 Incident, among those requested to appear before the Committee under Article 7(2)2, fails to comply with such request on at least 3 occasions without good cause, the Committee may issue an order of accompanying to the person by its resolution.
(2) The order of accompanying under paragraph (1) shall contain the following matters and shall be signed and sealed by the chairperson:
1. Name and residence of the person subject to the order of accompanying; provided, if the name of the person subject to the order of accompanying is not clear, he or she may be marked with appearance, physique, or other details that can his or her identity, and if the residence is not clear, the residence may be omitted;
2. Reasons for issuing the order of accompanying;
3. Place of accompanying;
4. Date of issuance of the order of accompanying;
5. Validity period of the order of accompanying and purport that it shall not be executed after the expiration of such period and be returned;
6. Purport that an administrative fine will be imposed in refusal to accompany after receiving the order of accompanying.
(3) An order of accompanying shall be served by presenting it to the relevant person subject to the order of accompanying.
(4) An order of accompanying shall be served by a staff member of the Committee.
(5) An order of accompanying issued to the relevant person confined in a correctional institution or detention house (including a military correctional institution or detention barrack) shall be executed by a correctional officer, upon delegation by a staff member of the Committee.
(6) Where the relevant person subject to the order of accompanying who is a soldier in active duty is in the barracks, the commanding officer of the military unit to which the person belongs shall be obligated to cooperate with a staff member of the Committee in executing an order of accompanying.
Article 9(Preparation of fact-finding report) #
(1) The Committee shall prepare a fact-finding report on the Yeosu-Suncheon October 19 Incident and report it to the competent Standing Committee of the National Assembly within 6 months from the date on which the period under Article 7 expires, and may establish and operate a planning team for preparing the fact-finding report on the Yeosu-Suncheon October 19 Incident to ensure objectivity and smooth operation in preparing the fact-finding report. <Amended on Jan. 7, 2025>
(2) Where it is impracticable to prepare a fact-finding report within the period under paragraph (1), the Committee may extend its period by up to 6 months for each extension, after reporting on the extension to the President and the National Assembly, 1 month before the expiration of the period. <Added on Jan. 7, 2025>
(3) The Committee shall disclose fact-finding reports; provided, if it is deemed inevitable in promoting national security, national reconciliation, and development of democracy, the Committee, by its determination, need not disclose some contents of the reports. <Amended on Jan. 7, 2025>
Article 9-2(Ex officio determination by Committee on victims) #
(1) The Committee may ex officio determine a person who died or went missing, a person with sequelae, or a sentenced inmate in connection with the Yeosu-Suncheon October 19 incident, from among the following persons as a victim; in such cases, where it is impossible to notify the relevant person (where notification is impossible due to his or her death or disappearance, etc., referring to the bereaved family member; hereafter in this Article the same shall apply), the Committee shall notify the person subject to notification in advance and obtain his or her consent thereon: <Amended on Feb. 5, 2026>
1. A person specified in a fact-finding report under Article 9(1);
2. A sufferer or victim of a case for which a decision that the truth is established is made by the Truth and Reconciliation Commission in accordance with Article 36 of the Framework Act on Settling the Past for Truth and Reconciliation.
(2) Matters necessary for the methods and procedures for notification and consent under paragraph (1), measures to be taken where notification and consent are impossible due to the death, disappearance, etc. of the relevant person shall be prescribed by Presidential Decree.
[This Article Added on Aug. 16, 2023]
Article 10(Protection of persons subject to investigation) #
(1) Any person may testify to the Yeosu-Suncheon October 19 Incident without any restraint.
(2) No person shall give any disadvantage to any other person on the ground of the facts uncovered in accordance with this Act without legitimate proceedings.
(3) No person shall disclose details of the investigation by the Committee regarding a person subject to investigation and his or her harmful act through any newspaper, magazine, broadcasting (including Internet newspapers and broadcasting), or any other publications, before a fact-finding report is disclosed in accordance with Article 9(2).
(4) The Committee shall prepare measures to protect privacy, honor, etc. of persons subject to investigation in the course of conducting investigations.
Article 11(Prohibition of divulgence of confidential information) #
No current or former member of the Committee or a person who has participated in the process of investigations for discovering the truth shall divulge confidential information which he or she has become aware of in the course of performing his or her business affairs.
Article 12(Preparation of family relation registers) #
Notwithstanding the provisions of other statutes or regulations, where a person's family relation register has not been prepared or where his or her family relation are incorrectly entered in the family relation register as a result of damage from the Yeosu-Suncheon October 19 Incident, the family relation register may be prepared or records thereof may be corrected in accordance with the procedures prescribed by the Supreme Court Regulations, if there is a decision by the Committee upon an application of the victim or his or her bereaved family.
Article 12-2(Special retrials) #
(1) A victim of the Yeosu-Suncheon October 19 Incident who was found guilty in a final and conclusive judgment due to the Yeosu-Suncheon October 19 Incident and a person deemed equivalent thereto based on a sentenced inmate list or the like may apply for a retrial, notwithstanding Articles 420 and 424 of the Criminal Procedure Act and Articles 469 and 473 of the Military Court Act.
(2) The persons listed in Order No. 3 of the High Military Court of the Honam Martial Law District, Order No. 5 of the High Military Court of the Honam Martial Law District, Order No. 13 of the High Military Court of the Honam Martial Law District, Order No. 17 of the High Military Court of the 5th Infantry Division, attached Forms to respective Orders, and the High Military Court Order which pronounced the victim guilty on the time of the Yeosu-Suncheon October 19 Incident shall be deemed persons found guilty in a final and conclusive judgment under paragraph (1).
(3) Notwithstanding Article 423 of the Criminal Procedure Act and Article 472 of the Military Court Act, a request for retrial shall be subject to the jurisdiction of the Gwangju District Court.
(4) The procedures for retrials under paragraph (1) shall be subject to the application of the relevant provisions of the Criminal Procedure Act and the Military Court Act as long as they are not against the nature of the relevant retrial.
[This Article Added on Jan. 7, 2025]
Article 13(Memorial projects) #
The State and local governments may subsidize expenses incurred in implementing the following projects to honor the victims of the Yeosu-Suncheon October 19 Incident, to reflect on its historical significance by utilizing such projects as opportunity for education on peace and human rights, and to promote convenience in conducting memorial rites, etc. within the budget:
1. Creation of memorial cemeteries;
2. Construction of a memorial tower;
3. Creation of historical records archives on the Yeosu-Suncheon October 19 Incident;
4. Creation of memorial parks;
5. Education on human rights, such as peace;
6. Other related memorial projects.
Article 14(Medical allowances and living allowances) #
(1) The State may provide persons who require continuous medical treatment or regular use of nursing care or supporting aids among the victims with medical allowances for medical treatment, nursing care, and purchase of supporting aids and living allowances.
(2) The right to receive medical allowances and living allowances shall not be transferred, put in pledge, or seized.
(3) Matters necessary for the scope of provision of medical allowances and living allowances, calculation of the amounts thereof, the methods of payment, etc. shall be prescribed by Presidential Decree.
Article 15(Application for payment of medical allowances and living allowances) #
(1) A person who intends to receive medical allowances and living allowances as a victim shall apply for the payment of medical allowances and living allowances in writing, to the Committee, along with evidential materials, as prescribed by Presidential Decree.
(2) An application for the payment of medical allowances and living allowances under paragraph (1) shall be filed within 6 months after a person is determined as a victim.
Article 16(Service of written determination) #
(1) Where the Committee makes a determination on a victim and his or her bereaved family or on whether to pay medical allowances and living allowances under Article 3, it shall service the original copy of the written determination on the victim, his or her bereaved family, and the applicant within 30 days.
(2) The provisions of the Civil Procedure Act regarding service shall apply mutatis mutandis to service under paragraph (1).
Article 17(Re-deliberation) #
(1) A person who has an objection to the determination of a victim or his or her bereaved family or to the determination on the payment of medical allowances and living allowances under Article 3 may apply to the Committee for re-deliberation within 30 days from the date when an original copy of the written determination under Article 16 is serviced.
(2) Matters necessary for application for re-deliberation and determination, etc. under paragraph (1) shall be prescribed by Presidential Decree.
Article 18(Determination-prepositive principle) #
(1) A lawsuit regarding the determination of a victim or his or her bereaved family or the payment of medical allowances and living allowances under Article 3 may only be instituted after the Committee has made such determination; provided, this shall not apply where the Committee fails to make such determination even after 90 days have elapsed from the date a report or application is filed.
(2) A lawsuit 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) under Article 16 is serviced.
Article 19(Recovery of medical allowances and living allowances) #
(1) Where a person who has received medical allowances and living allowances under this Act falls under any of the following cases, the State may recover all or part of the medical allowances and living allowances that he or she has received; provided, the entire medical allowances and living allowances shall be recovered in cases falling under subparagraph 1:
1. Where medical allowances and living allowances have been paid by fraud or other improper means;
2. Where he or she was erroneously paid.
(2) Where recovery under paragraph (1) is to be made by the State, it shall be collected in the same manner as the compulsory collection of national tax.
Article 20(Penalty provisions) #
(2) A person who makes a false report for investigation for discovering the truth for the purpose of defaming another person or interfering with the business affairs of the Committee shall be punished by imprisonment with labor for not more than 3 years or by a fine not exceeding 30 million won.
(2) A person who divulges confidential information, in violation of Article 11, shall be punished by imprisonment with labor for not more than 2 years or by a fine not exceeding 20 million won.
Article 21(Administrative fines) #
(1) A person who fails to comply with the order of accompanying under Article 8 without good cause shall be punished by an administrative fine not exceeding 10 million won.
(2) The administrative fines under paragraph (1) shall be imposed and collected by the chairperson, as prescribed by Presidential Decree.