Article 1(Purpose) #
The purpose of this Act is to establish and operate the National Trauma Recovery Center to heal the traumatic aftereffects and psychological suffering of persons and their families affected by State violence, and to support the restoration of healthy lives, so that persons and their families affected by State violence can lead humane lives.
Article 2(Definitions) #
The terms used in this Act are defined as follows:
1. The term "State violence" means an act of restricting or violating citizens’ fundamental rights under the Constitution through the illegal exercise of State power, and includes acts related to mass victimization of civilians, grave human rights violations such as death, torture, injury, or disappearance, suspicion of fabrication, terrorism, violence, genocide, suspicious deaths in the military, and grave human rights violations, etc. suffered by veterans during their military service under Article 2 of the Support for Veterans Act after August 15, 1945;
2. The term "State violence, etc." means any of the following:
(a) State violence;
(b) Terrorism, human rights violations, violence, genocide, or suspicious death after August 15, 1945, by any force or international terrorist organization that denies the legitimacy of the Republic of Korea or is hostile to the Republic of Korea;
3. The term "person eligible for trauma care" means a person falling under any of the following items, who has died or disappeared, or has suffered other damages, such as detention, injury, torture, cruel acts, or human rights violations due to State violence, etc.:
(a) A surviving victim;
(b) A person who shows trauma due to State violence, etc. among the spouse, lineal ascendants, lineal descendants, and siblings of a victim;
(c) A person who shows trauma found in the course of investigating and recording State violence, etc. or supporting or healing victims;
(d) Other persons prescribed by Presidential Decree, who are equivalent to those referred to in items (a) through (c).
Article 3(Responsibilities of the State and local governments) #
The State and local governments shall take necessary measures, including research, investigation, guidance, counseling, treatment, rehabilitation, support, and prevention, to heal the trauma of persons eligible for trauma care and the community and to create a socially-sound healing environment.
Article 4(Legal personality) #
The National Trauma Recovery Center (hereinafter referred to as the "Center") shall be a corporation.
Article 5(Establishment) #
(1) The Center shall be established at the time it registers such establishment at the location of its main office.
(2) Matters to be registered at its incorporation under paragraph (1) shall be as follows:
1. Objectives;
2. Name;
3. Main office;
4. Names and addresses of executive officers;
5. Methods of public announcement.
(3) The provisions of the Civil Act governing the registration of an incorporated foundation shall apply mutatis mutandis to the registration of the Center other than the registration of its establishment.
Article 6(Establishment of branches) #
(1) The Center may establish, designate, or operate a branch, if necessary for performing its programs under Article 8, and may entrust its business affairs to an agency equipped with facilities and professional human resources.
(2) Matters necessary for the establishment, designation, and operation of branches and entrustment of business affairs shall be prescribed by Presidential Decree.
Article 7(Articles of incorporation) #
(1) The Center's articles of incorporation shall include:
1. Objectives;
2. Name;
3. Main office;
4. Matters regarding programs;
5. Matters regarding executive officers;
6. Matters regarding the board of directors;
7. Matters regarding organization and employees;
8. Matters regarding property and accounting;
9. Matters regarding amendments to the articles of incorporation;
10. Matters regarding the enactment, amendment, and repeal of internal regulations;
11. Matters regarding the methods of public announcement.
(2) If the Center intends to amend its articles of incorporation, it shall adopt a resolution by the board of directors with the concurrent vote of at least 2/3 of all incumbent directors and obtain approval from the Minister of the Interior and Safety.
Article 8(Programs) #
The Center shall perform the following programs:
1. Assisting persons eligible for trauma care in their recovery or rehabilitation from psychological and physical symptoms and their social adaptation;
2. Research and development on the recovery and rehabilitation from trauma caused by State violence, etc.;
3. Education and publicity regarding the recovery and rehabilitation from trauma caused by State violence, etc.;
4. International cooperation regarding the recovery and rehabilitation from trauma caused by State violence, etc.;
5. Other programs deemed necessary by the Minister of the Interior and Safety in relation to the recovery and rehabilitation from trauma caused by State violence, etc.
Article 9(Executive officers) #
(1) The Center shall have up to 15 directors, including 1 president, and 1 auditor as its executive officers.
(2) Executive officers other than the president shall be non-standing.
(3) The directors shall include 2 outside persons who are psychiatrists or those with extensive knowledge or expertise in the field of mental health.
(4) The president and the auditor shall be appointed by the Minister of the Interior and Safety, as prescribed by the articles of incorporation.
(5) Directors, excluding the president, shall be appointed by the board of directors from among the following persons, subject to approval from the Minister of the Interior and Safety; in such cases, gender shall be considered and the number of persons referred to in the subparagraphs shall be balanced: <Amended on Mar. 4, 2023>
1. At least 2 persons recommended by victim-related organizations prescribed by Presidential Decree;
2. At least 1 person each recommended by the Minister of Patriots and Veterans Affairs, the Minister of Health and Welfare, and the Chairperson of the National Human Rights Commission of Korea, respectively;
3. At least 1 person recommended by non-political public interest organizations prescribed by Presidential Decree, such as those in the field of science, medical care, law, and religion.
Article 10(Term of office of executive officers) #
(1) The term of office of the president shall be 3 years, and the term of office of directors and an auditor shall be 2 years, and they may be reappointed only once, respectively.
(2) If an executive officer's position becomes vacant during the term of office, the term of office of the newly appointed executive officer shall begin anew.
Article 11(Grounds for disqualification of executive officers) #
None of the following persons shall become an executive officer of the Center:
1. Non-Korean national;
2. A person falling under any subparagraph of Article 33 of the State Public Officials Act.
Article 12(President) #
(1) The president shall represent the Center and exercise general supervision over its business affairs.
(2) The president shall not be dismissed against his or her will during his or her term of office, except in any of the following cases:
1. Where he or she violates this Act, an order issued under this Act, or the articles of incorporation;
2. Where he or she disrupts the operation of the Center through accounting irregularities or by intent or gross negligence;
3. Where it is extremely difficult or impossible for him or her to perform his or her duties due to mental or physical disabilities;
4. Where his or her sentence of imprisonment without labor or heavier punishment becomes final and conclusive;
5. Where the performance is poor according to the evaluation results of operation under Article 23 (1).
(3) Where the president is unable to perform his or her duties due to an unavoidable cause, a person provided in the articles of incorporation among the directors shall perform the duties on his or her behalf.
Article 13(Board of directors) #
(1) The Center shall have a board of directors to deliberate and resolve on the following matters:
1. Matters regarding the business plan and the budget and settlement of accounts;
2. Matters regarding the acquisition and disposal of major property;
3. Matters regarding amendments to the articles of incorporation;
4. Matters regarding dissolution of the Center;
5. Matters regarding the enactment, amendment, and repeal of important regulations;
6. Matters regarding the appointment and dismissal of executive officers;
7. Other matters requested by the president to the board of directors for deliberation and resolution as deemed necessary.
(2) The board of directors shall be comprised of directors including the president.
(3) The president shall serve as the chairperson of the board of directors.
(4) A meeting of the board of directors shall be convened by the chairperson of the board of directors or at the request of at least 1/3 of all incumbent directors, and the chairperson of the board of directors shall preside over such meeting.
(5) Unless otherwise provided in the articles of incorporation, a majority of the members of the board of directors shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present.
(6) The auditor may attend a meeting of the board of directors and state his or her opinion.
(7) Other matters necessary for the operation of the board of directors shall be prescribed by the articles of incorporation.
Article 14(Duty of auditor) #
The auditor shall audit matters regarding the business affairs and accounting of the Center, prepare a comprehensive audit report every year, and submit it to the Minister of the Interior and Safety and the board of directors.
Article 15(Secretariat) #
(1) A secretariat shall be established in the Center to manage the business affairs of the Center.
(2) Matters necessary for the secretariat shall be prescribed by the articles of incorporation.
Article 16(Appointment and dismissal of employees) #
The employees of the secretariat of the Center shall be appointed or dismissed by the president as prescribed by the articles of incorporation.
Article 17(Operating funds) #
The Center shall be operated with the following financial resources:
1. Contributions and subsidies from the State;
2. Donations;
3. Other revenues.
Article 18(Contributions or subsidies) #
The State and local governments may provide contributions or subsidies to cover expenses incurred in establishing and operating the Center within the budget.
Article 19(Gratuitous lease of State property) #
Notwithstanding the State Property Act, the State may, if necessary for the establishment and operation of the Center, lease State property to the Center or allow it to use or profit from State property free of charge, as prescribed by Presidential Decree.
Article 20(Business year) #
The business year of the Center shall coincide with the fiscal year of the Government.
Article 21(Approval of business plans and budgetary documents) #
The Center shall prepare a business plan and budgetary documents before the commencement of each business year, as prescribed by Presidential Decree, and submit them to the Minister of the Interior and Safety and obtain approval therefor. The same shall also apply to any change thereof.
Article 22(Submission of statement of settlement of accounts) #
The Center shall prepare a statement of the settlement of accounts of revenue and expenditure for each business year, as prescribed by Presidential Decree, and submit it to the Minister of the Interior and Safety not later than the end of February of the following business year after undergoing an accounting audit by an auditor under subparagraph 7 of Article 2 of the Act on External Audit of Stock Companies or a certified public accountant under Article 9 of that Act.
Article 23(Evaluation of operation and guidance and supervision) #
(1) The Minister of the Interior and Safety shall evaluate the operation of the Center on the performance of its programs, services, etc. under Article 8 and take necessary measures according to the results thereof.
(2) Matters necessary for the detailed standards, procedures, etc. for the evaluation of operation under paragraph (1) shall be prescribed by Presidential Decree.
(3) The Minister of the Interior and Safety may guide and supervise the business affairs of the Center and may require the Center to report matters regarding its business affairs, accounting, property, etc. or to submit necessary documents.
Article 24(Request for cooperation to relevant agencies) #
(1) The president may request the relevant administrative agencies or organizations to submit data, if necessary for the performance of business affairs. In such cases, the agency in receipt of such request shall comply therewith, unless there is a compelling reason not to do so.
(2) The data submitted to the Center pursuant to paragraph (1) shall not be used for any purpose other than the purpose of performing the programs under Article 8.
Article 25(Duty of confidentiality) #
No one who is or was an executive officer or employee of the Center shall divulge any confidential information he or she has become aware of in the course of performing his or her duties.
Article 26(Prohibition of use of similar names) #
No one, other than the Center under this Act, shall not use the name “National Trauma Recovery Center” or any other name similar thereto; provided, this shall not apply to cases prescribed by Presidential Decree.
Article 27(Application mutatis mutandis of Civil Act) #
Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the Center.
Article 28(Legal fiction as public officials for purposes of applying penalty provisions) #
The executive officers and employees of the Center shall be deemed public officials for the purposes of applying Articles 129 through 132 of the Criminal Act.
Article 29(Penalty provisions) #
Any of the following persons shall be punished by imprisonment with labor for not more than 3 years or by a fine not exceeding 30 million won:
1. A person who uses data submitted for any purpose other than the purpose of performing programs, in violation of Article 24 (2);
2. A person who divulges confidential information he or she has become aware of in the course of performing his or her duties, in violation of Article 25.
Article 30(Administrative fines) #
(1) Any person who uses the name “National Trauma Recovery Center” or any other name similar thereto in violation of Article 26 shall be subject to an administrative fine not exceeding 5 million won.
(2) Administrative fines under paragraph (1) shall be imposed and collected by the Minister of the Interior and Safety, as prescribed by Presidential Decree.