Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Special Act on Discovering the Truth on the Yeosu and Suncheon October 19 Incident and the Restoration of Honor of Victims and matters necessary for the enforcement thereof.
Article 2(Matters subject to deliberation and resolution) #
"Matters prescribed by Presidential Decree" in Article 3(2)11 of the Special Act on Discovering the Truth on the Yeosu and Suncheon October 19 Incident and the Restoration of Honor of Victims (hereinafter referred to as the "Act") means matters deemed necessary for deliberation by the Committee on Discovering the Truth on the Yeosu and Suncheon October 19 Incident and the Restoration of Honor of Victims (hereinafter referred to as the "Committee") under Article 3(1) of the Act. <Amended on Mar. 18, 2025>
Article 3(Operation of Committee) #
(1) Deleted. <Mar. 18, 2025>
(2) The chairperson of the Committee (hereinafter referred to as the "chairperson") shall represent the Committee and preside over the business affairs of the Committee. <Amended on Mar. 18, 2025>
(3) Where the chairperson is unable to perform his or her duties for any unavoidable reason, the vice chairperson shall act on behalf of the chairperson.
(4) The Committee may establish subcommittees to operate the Committee efficiently in accordance with Article 3(7) of the Act. <Amended on Mar. 18, 2025>
(5) The Committee shall have an advisory organization that professionally reviews the Committee's business affairs, such as medical assistance.
(6) Except as provided in paragraphs (2) through (5), detailed matters necessary for the Committee, subcommittees established in accordance with paragraph (4), and the composition, operation, etc. of advisory organization established in accordance with paragraph (5) shall be determined by the chairperson, upon resolution by the Committee. <Amended on Mar. 18, 2025>
[Title Amended on Mar. 18, 2025]
Article 3-2(Exclusion, challenge, and abstention of members) #
(1) Where a member of the Committee falls under any of the following cases, the member shall be excluded from deliberation and resolution on the relevant agenda item:
1. Where a member or his or her current or former spouse becomes a party to the relevant agenda item or holds any right or duty jointly with a party to such agenda item;
2. Where a member is or was a relative of a party to the relevant agenda item;
3. Where a member is or was a witness or an expert witness with respect to the relevant agenda item;
4. Where a member or a corporation, organization, etc. to which the member belongs is or was the agent of a party to the relevant agenda item.
(2) Where a party to a relevant agenda item deems impracticable to expect fair deliberation and resolution from a member, the party may file an application for challenge with the Committee and the Committee shall decide whether to accept it by resolution. In such cases, the member subject to challenge shall not participate in the resolution.
(3) Where a member falls under a ground for exclusion under the subparagraphs of paragraph (1) or where it is deemed impracticable for the member to expect fair deliberation and resolution, the member shall voluntarily refrain from deliberation and resolution on the relevant agenda item.
[This Article Added on Mar. 15, 2023]
Article 4(Meetings of Committee) #
(1) The chairperson shall convene and preside over the meetings of the Committee.
(2) A majority of the members of the Committee shall constitute a quorum, and any resolution by the Committee shall require a concurring vote of at least a majority of those present.
Article 5(Executive secretary of Committee) #
(1) The Committee shall have 1 executive secretary and necessary staff to perform the affairs of the Committee.
(2) The executive secretary under paragraph (1) shall be appointed by the chairperson from among public officials in general service of the Senior Executive Service of the Ministry of the Interior and Safety.
(3) The executive secretary under paragraph (1) may handle affairs of the Committee under the direction of the chairperson and appear before the Committee to state his or her opinions.
(4) The staff to be assigned to the Committee in accordance with paragraph (1) may be recruited from among public officials in a fixed term position or public officials dispatched from central administrative agencies or local governments.
Article 6(Allowances) #
A Committee member or an advisory organization member who has attended a meeting of the Committee or the advisory organization may be paid allowances and travel expenses within the budget; provided, this shall not apply where a public official attends such meeting that is directly related to matters under his or her jurisdiction.
Article 7(Scope of reporting persons for discovering truth) #
(1) The scope of persons in a relative relationship referred to in Article 5(1) of the Act shall be those falling under each subparagraph of Article 777 of the Civil Act.
(2) The scope of persons with knowledge of particular facts under Article 5(1) of the Act shall be as follows:
1. A person who experienced or witnessed the Yeosu and Suncheon October 19 Incident;
2. A person who has been directly informed of the Yeosu and Suncheon October 19 Incident by those who experienced or witnessed the Yeosu and Suncheon October 19 Incident;
3. A person who confirmed the Yeosu and Suncheon October 19 Incident through literature or records.
Article 8(Methods, procedures, and period for reporting for discovering truth) #
(1) A person who intends to report for discovering the truth in accordance with Article 5(1) of the Act (hereafter referred to as "reporter" in this Article and Article 9) shall prepare a report for discovering the truth in attached Form 1 and submit it to the Working Committee on Discovering the Truth on Yeosu and Suncheon October 19 Incident and the Restoration of Honor of Victims (hereinafter referred to as the "Working Committee") under Article 4(1) of the Act or to the reporting center established in accordance with Article 6 of the Act (hereinafter referred to as "reporting center").
(2) Notwithstanding paragraph (1), where a reporter makes a report under that paragraph orally, a person who receives a report shall prepare a protocol on the details thereof.
(3) Upon receipt of a report in accordance with paragraphs (1) and (2), the head of the reporting center shall forward the relevant report or protocol to the Working Committee without delay.
(4) Where any matter to be supplemented in the report or protocol under paragraphs (1) and (2) exists, the Working Committee may request the reporter for supplementation.
(5) A reporter may withdraw his or her report for discovering the truth before he or she makes a decision to commence an investigation for discovering the truth under Article 7(1) of the Act. In such cases, the withdrawal of the report shall be made to the Working Committee.
(6) Where a reporter intends to withdraw a report under paragraph (5) orally, a person who receives the withdrawal of report shall prepare a protocol on the details thereof.
(7) For the convenience of filing a report for discovering the truth, the Working Committee may publicize the reporting procedures, methods, etc. through newspapers, broadcasting, information and communications networks, or other means.
(8) A report under paragraph (1) shall be filed from March 18, 2025 to August 31, 2025. <Added on Mar. 18, 2025>
[Title Amended on Mar. 18, 2025]
Article 9(Transfer of reports and notification) #
Where it is obvious that details of a report are not related to the Yeosu and Suncheon October 19 Incident and fall under the responsibility of another agency, the Working Committee shall transfer the report to the relevant agency without delay and notify such fact to the reporter.
Article 10(Reporting by victims and bereaved families) #
(1) A person who intends to be determined as a victim or bereaved family member of the Yeosu and Suncheon October 19 Incident in accordance with Article 3(2)3 of the Act shall submit a report classified as follows to the Working Committee, along with the documents prescribed in the relevant subparagraph:
1. Where he or she files a report on a victim (a person with aftereffect disability) or his or her bereaved family member: A report on a victim (a person with aftereffect disability) or his or her bereaved family member in attached Form 2 and the following documents:
a. A certified copy of archived family register of the victim (it shall be attached only where the relationship with the victim cannot be confirmed through a family relation certificate; and in the absence of a certified copy of archived family register, an explanatory statement thereon shall be attached);
b. Evidentiary materials to substantiate the grounds for reporting; provided, a written guaranty in attached Form 3 prepared separately or jointly by 2 of the following persons shall be attached, where it is impracticable to attach such evidentiary materials:
1) A relative of a victim (referring to a relative under Article 777 of the Civil Act; hereinafter the same shall apply);
2) A person who experienced or witnessed the Yeosu and Suncheon October 19 Incident;
3) A person who heard relevant facts directly from a person who experienced or witnessed the Yeosu and Suncheon October 19 Incident (limited to where it is possible to specify persons who experienced or witnessed the Yeosu and Suncheon October 19 Incident);
c. A medical certificate issued by a national general hospital or affiliated hospital of a medical college, or a hospital designated by the Working Committee (hereinafter referred to as "designated hospital, etc.");
2. Where he or she files a report on a victim (a deceased or missing person) or his or her bereaved family member: A report on a victim (a deceased or missing person) or his or her bereaved family member in attached Form 4 and the following documents:
a. Documents referred to in subparagraph 1a;
b. Documents referred to in subparagraph 1b;
c. A written guarantee in attached Form 3 prepared by each of the 2 relatives of the victim by stating that the victim's bereaved family member is performing ancestral rites or managing the grave (limited to where a person who is a collateral blood relative within the fourth degree of relationship of the victim and performs ancestral rites or manages the grave is reported as a bereaved family member);
Article 11(Review and decision) #
(1) The Committee shall review and determine a victim or bereaved family member (excluding cases of a request under Article 13-2(5)) within 90 days from the date it receives a request under Article 10(4) or 13-2(5), and shall notify the Working Committee of the results thereof. <Amended on Feb. 13, 2024>
(2) Upon receipt of notification under paragraph (1), the Working Committee shall notify a reporter (in cases of the results of the review and determination on a request under Article 13-2(5), referring to a person who submits a written consent of ex officio determination of victims in accordance with paragraph (3) of that Article; hereafter the same shall apply in Article 12), as prescribed by ordinance of Jeollanam-do. <Amended on Feb. 13, 2024>
Article 12(Preparation of list) #
(1) The Working Committee shall prepare and keep a list of persons who have been determined as victims and bereaved families in accordance with Article 11(1).
(2) Upon receipt of an application from a reporter or a relative of a victim under Article 10, the Working Committee shall allow him or her to inspect the list under paragraph (1) or provide a copy thereof, unless there is a compelling reason not to do so.
Article 13(Establishment and operation of planning team for preparing the fact-finding report on the Yeosu and Suncheon October 19 Incident) #
(1) The Committee shall have a planning team for preparing the fact-finding report on the Yeosu and Suncheon October 19 Incident (hereinafter referred to as the "planning team") in accordance with Article 9 (1) of the Act.
(2) The planning team shall be comprised of not more than 15 members, including 1 head.
(3) The head of the planning meeting (hereinafter referred to as the "head of the team") shall be appointed by the chairperson from among members of the planning team.
(4) The head of the team shall take charge of business affairs of the planning team under the direction of the chairperson and shall lead and supervise employees under his or her jurisdiction.
(5) The members of the planning team shall be the following persons: <Amended on Mar. 15, 2023>
1. Public officials designated by the Minister of Justice, the Minister of National Defense, the Minister of the Interior and Safety, and the Minister of Government Legislation, respectively, from among director-level public officials under his or her jurisdiction;
2. 1 person appointed by the Governor of Jeollanam-do from among public officials at the deputy minister-level or director general-level under his or her jurisdiction;
3. Persons commissioned by the chairperson from among representatives of bereaved families;
4. Persons commissioned by the chairperson from among persons with extensive knowledge of and experience in the Yeosu and Suncheon October 19 Incident.
(6) The planning team shall have expert members to prepare a fact-finding report on the Yeosu and Suncheon October 19 Incident under Article 9(1) of the Act, and such expert members shall be appointed as public officials in a fixed term position.
(7) Except as provided in paragraphs (1) through (6), matters necessary for the composition and operation of the planning team shall be determined by the chairperson, upon resolution by the Committee.
Article 13-2(Methods and procedures for notification and consent to ex officio determination of victims) #
(1) Where the Committee intends to ex officio determine a person who died or went missing, a person with sequelae, or a sentenced inmate in connection with the Yeosu and Suncheon October 19 incident, as a victim in accordance with Article 9-2(1) of the Act, it shall notify the person subject to notification (where notification is impossible due to his or her death or disappearance, etc., referring to his or her bereaved family member) of the fact that the Committee shall determine the victim ex officio with his or her consent thereon in advance in accordance with Article 9-2(1) of the Act.
(2) Where the Committee is unable to give notification under paragraph (1) due to the death, disappearance, etc. of a person to be determined as a victim or his or her bereaved families, it shall publicly announce for at least 30 days the fact that it determines ex officio a victim in accordance with Article 9-2(1) of the Act in at least 1 of the Official Gazette, pubic gazette, bulletin boards, and daily newspapers, and also on the Internet.
(3) A person to be determined as a victim who intends to consent to ex officio determination of a victim (where such consent is impossible due to the death, disappearance, etc. of a person to be determined as a victim, referring to his or her bereaved family) shall submit a written consent to ex officio determination of a victim in attached Form 7-2 to the Working Committee, along with the documents referred to in Article 10(1)1a and c (limited to where a person with sequelae consents to ex officio determination of a victim), within 30 days from the date the notification under paragraph (1) is received or from the date the public announcement under paragraph (2) becomes effective.
(4) Upon receipt of a written consent to ex officio determination of a victim under paragraph (3), the Working Committee shall verify the family relation certificate and the certified copy of resident registration card, which enables confirmation of the relationship with the victim, through administrative data matching under Article 36(1) of the Electronic Government Act; provided, where a submitter does not consent to the verification, the Working Committee shall require the reporter to attach the relevant document.
(5) Upon receipt of a written consent to ex officio determination of a victim under paragraph (3), the Working Committee shall verify the details, etc. of the written consent and documents to be submitted, attach its opinion thereto, and request the Committee to deliberate and resolve thereon.
(6) Except as provided in paragraphs (1) through (5), matters necessary for the ex officio determination of victims shall be determined by the chairperson, upon resolution by the Committee.
Article 14(Application for determination on preparation of family relation registers) #
(1) A person who intends to obtain a determination from the Committee to prepare a family relation register or correct entries thereof in accordance with Article 12 of the Act shall submit to the Committee an application for determination on the preparation (correction) of a family relation register of a victim in attached Form 8, along with the following documents:
1. A certified copy of archived family register of the victim (attached only in the absence of a family relation register; in the case of absence of a certified copy of archived family register, an explanatory statement thereon shall be attached);
2. A notice of determination of a victim and a notice of determination of a bereaved family.
(2) Upon receipt of an application under paragraph (1), the Committee shall verify the applicant's family relation register through administrative data matching under Article 36(1) of the Electronic Government Act; provided, where the applicant does not consent to the verification, the Committee shall require the applicant to attach the relevant document.
(3) Upon receipt of an application for re-deliberation under paragraph (1), the Committee shall make a decision on whether it is accepted within 180 days from the date of receiving the application and notify the applicant of the results without delay.
(4) Article 12 shall apply mutatis mutandis to the preparation of the list of persons whose application under paragraph (1) is accepted.
Article 15(Medical allowances) #
(1) A person to whom the Committee decides to pay medical allowances under Article 14(1) of the Act shall be paid an amount calculated as follows:
1. Future medical expenses: The amount calculated based upon a written estimate of medical expenses issued by a designated hospital, etc.; provided, where it is impossible to estimate future medical expenses despite the recognized need for future medical treatment at a designated hospital, etc., the Working Committee shall determine the amount in consideration of the future medical expenses of similar cases;
2. Expenses for nursing care shall be 562,000 won a month, in cases where based upon the diagnostic certificate issued by a designated hospital, etc., it is deemed to be difficult for the relevant person to move without the assistance of another person due to his or her physical disability even after he or she is completely recovered;
3. Expenses for purchasing assistive devices: Where it is deemed necessary to wear assistive devices based upon the diagnostic certificate issued by a designated hospital, etc., the amount calculated by multiplying the market purchasing price of assistive devices by the number of the purchases deemed necessary during the life expectancy of the relevant person depending on the useful life of assistive devices; in such cases, if the life expectancy of the relevant person is shorter than a useful life of assistive devices, the useful life shall be deemed the life expectancy.
(2) When calculating the amounts under paragraph (1)1 and 3, the intermediary interest shall be deducted by the simple discount method at statutory interest rate, and the life expectancy under paragraph (1)3 shall be in accordance with the standards published by the Ministry of Data and Statistics. <Amended on Oct. 1, 2025>
(3) Medical allowances shall be paid by depositing them into an account at a postal office under the Postal Savings and Insurance Act or a bank under the Banking Act.
(4) Except as provided in paragraphs (1) through (3), detailed matters necessary for the smooth payment of medical allowances shall be determined by the chairperson, upon resolution by the Committee.
Article 16(Living allowances) #
(1) Persons eligible for living allowances under Article 14(1) of the Act are as follows; provided, persons who have already been receiving living allowances in accordance with other statutes or regulations shall be excluded herefrom:
1. A person without any dependent family member, who has difficulty in earning a living due to loss of working ability;
2. A person with dependent family members, who has difficulty in earning a living due to lack of ability to support them.
(2) The living allowances under paragraph (1) may be paid every month, as determined by the Committee within the budget, based upon the amount calculated by dividing 40/100 of the standard median income (referring to the standard median income of 3-person households) under the National Basic Living Security Act by 3.
(3) Article 15(3) shall apply mutatis mutandis to the methods for paying living allowances.
(4) Except as provided in paragraphs (1) through (3), detailed matters necessary for the smooth payment of living allowances shall be determined by the chairperson, upon resolution by the Committee.
Article 17(Time when entitlement to medical allowances and living allowances arises) #
An entitlement to medical allowances and living allowances under Article 14(1) of the Act shall arise on the date a report on a victim or his or her bereaved family member is filed in accordance with Article 10.
Article 18(Re-deliberation) #
(1) A person who intends to apply for re-deliberation under Article 17 of the Act shall submit to the Committee an application for re-deliberation in attached Form 9, along with materials evidencing the reasons for the application for re-deliberation.
(2) Upon receipt of an application for re-deliberation under paragraph (1), the Committee shall make a determination on re-deliberation within 60 days from the date of receiving the application and notify the applicant of the results without delay.
Article 19(Criteria for imposition of administrative fines) #
The criteria for imposing administrative fines under Article 21(1) of the Act shall be as specified in the Appendix.