SPECIAL ACT ON PROTECTION OF RIGHTS OF SUFFERERS, TRUTH-FINDING, AND PREVENTION OF RECURRENCE OF OCTOBER 29 ITAEWON DISASTER

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SPECIAL ACT ON PROTECTION OF RIGHTS OF SUFFERERS, TRUTH-FINDING, AND PREVENTION OF RECURRENCE OF OCTOBER 29 ITAEWON DISASTER — 법갈피

Article 8(Composition of Investigation Commission) #

(1) The Investigation Commission shall be composed of 9 commissioners, including 3 standing commissioners.

(2) The Investigation Commission shall be composed of 9 commissioners recommended by the National Assembly and appointed by the President, from among those who fall under any of the following subparagraphs (1 commissioner recommended by the Speaker of the National Assembly in consultation with respective negotiation bodies, 4 commissioners recommended by the negotiation body of the party to which the President belongs or previously belonged, and 4 commissioners recommended by the other negotiation bodies; and out of the standing commissioners, 1 shall be recommended by the Speaker of the National Assembly, another by the negotiation body of the party to which the President belongs or previously belonged, and the 3rd by the other negotiation bodies):

1. A person with extensive knowledge of and experience in the fact-finding of disasters, suspicious deaths, etc. and a high level of morality;

2. A person who has been engaged in human rights-related activities, such as working at the National Human Rights Commission, a non-profit, non-governmental organization or corporation, or an international organization in the field of human rights, for at least 5 years;

3. A person who has worked in a field related to disaster management and safety management or emergency rescue for at least 5 years;

4. A person who has held a position equivalent to or higher than an assistant professor in the field of disaster, firefighting, or police science at a university or an accredited research institute for at least 5 years.

5. A person who has served as a judge, prosecutor, military judge advocate, or attorney-at-law for at least 5 years.

(3) One chairperson shall be elected from among the standing commissioners by resolution of the Investigation Commission.

(4) The chairperson and standing commissioners shall be public officials in political service.

(5) The term of office of the chairperson and commissioners shall last until the Investigation Commission's operational period ends; provided, if the Investigation Commission's operational period is extended, the term of office shall be extended by the extended operational period.

(6) If a vacancy occurs during the term of office of a commissioner, a person with the authority to recommend the commissioner shall recommend such commissioner's successor within 30 days from the date the vacancy occurs, and the President shall immediately appoint the recommend person as a commissioner.

Article 28(Methods of investigation) #

(1) The Investigation Commission may conduct an investigation by any of the following methods:

1. Requesting the subject of investigation and reference witnesses to submit written statements;

2. Requesting appearance of the subject of investigation and reference witnesses and hearing their statements;

3. Requesting the subject of investigation, a reference witness, and other relevant organizations, facilities, and groups to submit materials or things deemed necessary for the Investigation Commission's duties under Article 6(2), and storing submitted materials or things;

4. Making fact-finding inquiries to relevant institutions, establishments, organizations, etc.;

5. Designating an appraiser and requesting them to make an appraisal;

6. Conducting an on-site investigation of a place, facility, materials, or things by entering a place deemed necessary for the performance of duties of the Investigation Commission under Article 6(2).

(2) If the Investigation Commission takes measures such as making a request in accordance with paragraph (1), the person in receipt of such request shall comply therewith without delay.

(3) Articles 147 through 149 and Article 244-(3) of the Criminal Procedure Act shall apply mutatis mutandis where the Investigation Commission hears statements under paragraph (1)2.

(4) If the Investigation Commission requests the submission of materials or things in accordance with paragraph (1)3, Articles 110 through 112, 129 through 131, and 133 of the Criminal Procedure Act shall apply mutatis mutandis; provided, if the request for the submission of materials or objects is rejected, the reason for such rejection shall be specifically explained.

(5) If the Investigation Commission deems it necessary, it may have its commissioners or staff take the measures specified in the subparagraphs of paragraph (1).

(6) When the Investigation Commission exercises its authority under paragraph (1), the commissioner or staff exercising such authority shall carry identification verifying such authority and present it to relevant persons.

(7) When conducting an investigation, the Investigation Commission may conduct an investigation through perusal, copying, requesting submission of copies, etc. (hereafter in this Article referred to as "perusal, etc.") of investigation records, trial records, and other records (hereafter in this Article referred to as "investigation records, etc.") for the following items; in such cases, paragraphs (1) through (6), Article 29, and Articles 33 through 37 shall not apply:

1. Facts confirmed through the investigation by the Special Commission on Parliamentary Investigation to Find the Truth of the Yongsan Itaewon Disaster and Prevent Recurrence;

2. Confirmed facts of a case in which a criminal trial is pending or has been finalized.

(8) If the Investigation Commission requests the perusal, etc. of investigation records, etc. in accordance with paragraph (7), the person in receipt of such request shall comply therewith without delay.

Article 46(Preparation and submission of comprehensive report) #

(1) The Investigation Commission shall prepare a comprehensive report within 3 months of completing the investigation under this Act and submit it to the National Assembly and the President.

(2) If the Investigation Commission deems it necessary, it may submit a special investigation report to the President in addition to the comprehensive report under paragraph (1).

(3) The comprehensive report under paragraph (1) shall include recommendations on the following:

1. Measures related to the reform of statutes or regulations, systems, policies, practices, etc. that gave rise to the October 29 Itaewon Disaster and the formulation of countermeasures;

2. Measures such as corrective action against State agencies, etc. responsible for the October 29 Itaewon Disaster and disciplinary action against public officials responsible therefor;

3. Other improvement measures for truth found by the Investigation Commission;

4. Measures to prevent further damage to victims and sufferers;

5. Measures for formulating comprehensive countermeasures regarding disaster and safety management;

6. Measures necessary to protect sufferers' rights and support the affected area.

(4) State agencies, etc. which receive recommendations under the subparagraphs of paragraph (3) shall comply with such recommendations, unless there is a compelling reason not to do so.

(5) The standing commission of the National Assembly shall monitor and manage the status of implementation of recommendations by State agencies, etc. that have received recommendations under the subparagraphs of paragraph (3).

(6) State agencies, etc. that have received recommendations under the subparagraphs of paragraph (3) shall report the implementation details of the recommendations under paragraph (4) and the reasons for non-implementation to the relevant standing commission of the National Assembly every year.

(7) If the standing commission of the National Assembly determines that the implementation details reported under paragraph (6) are inadequate, it shall request the State agency, etc. to make improvements.

(8) If a State agency, etc. fails to comply with the request for improvement under paragraph (7) without good cause, the National Assembly may request disciplinary action against the responsible public official.

(9) If the National Assembly enacts or amends relevant statutes, it shall reflect the purport of the comprehensive report under paragraph (1), unless there is a compelling reason not to do so.

(10) The Investigation Commission may establish and operate a comprehensive report preparation planning team within the secretariat to prepare a comprehensive report under paragraph (1).

(11) The Investigation Commission may conduct on-site investigations and research to prepare a comprehensive report under paragraph (1).

(12) The Investigation Commission shall publish and disclose a comprehensive report under paragraph (1) and a white paper summarizing the Investigation Commission's activities; provided, this shall not apply where disclosure is restricted under other statutes such as the Official Information Disclosure Act.

Article 51(Composition and operation of Deliberation Commission) #

(1) The Deliberation Commission shall be comprised of 9 commissioners, including 1 chairperson, and the commissioners shall be appointed or commissioned by the Prime Minister from among the following persons; in such cases, the number of commissioners falling under subparagraph 5 shall not exceed 1/3 of the total number of commissioners: <Amended on Oct. 1, 2025>

1. A person with extensive knowledge of and experience in the fact-finding of disasters, suspicious deaths, etc. and a high level of morality;

3. A person with extensive knowledge and experience in related fields such as living assistance, medical assistance, psychological counseling, and psychotherapy.;

4. A person who is qualified as an attorney-at-law and has at least 5 years of experience in duties related to that qualification;

5. Public officials in the Senior Executive Service affiliated with the Ministry of Justice, the Ministry of the Interior and Safety, the Ministry of Health and Welfare, and the Ministry of Planning and Budget.

(2) The chairperson shall be elected by and from among the commissioners.

(3) The Deliberation Commission may establish a support organization to confirm facts necessary for deliberation and resolution, and to collect and review relevant materials.

(4) If necessary to effectively monitor measures to support sufferers, commissioners of the Investigation Commission may attend and speak at a meeting of the Deliberation Commission.

(5) Except as provided in Articles 1 through 4, matters necessary for the composition and operation of the Deliberation Commission, procedures for selecting commissioners, establishment of support organizations, etc. shall be prescribed by Presidential Decree.

Article 52(Application for recognition of sufferer) #

(1) A person seeking to obtain recognition for damage resulting from the October 29 Itaewon Disaster (hereinafter referred to as "applicant") shall submit to the Deliberation Commission a written application along with supporting documents, as prescribed by Presidential Decree. In such cases, an application for payment of relief payments may be submitted at the same time.

(2) An application for the recognition of a sufferer and relief payment under paragraph (1) shall be made within 2 years from the date this Act enters into force; provided, if the applicant is unable to apply within that period due to special reasons, such as residing overseas for a certain period of time or longer, the application shall be made within 6 months from the date the reason ceases to exist.

(3) The Deliberation Commission shall decide whether to grant recognition of a sufferer and relief payment, etc. within 6 months from the date of receiving the application under paragraph (1); provided, the Deliberation Commission may extend the period once by up to 30 days, if necessary for a fact-finding investigation, etc.

(4) The Deliberation Commission may investigate facts, etc. necessary for deliberation and resolution, such as whether the applicant under paragraph (1) is a sufferer. In such cases, the applicant may state their opinion regarding the amount of relief payment, etc. during the deliberation proceedings of the Deliberation Commission.

(5) If the Deliberation Commission deems it necessary for the fact-finding investigation under paragraph (4), it may request the submission of necessary materials, etc. or request cooperation from the relevant administrative agencies, individuals, companies, organizations, etc. related to the facts being investigated. In such cases, the relevant administrative agencies, individuals, companies, organizations, etc. that have received the request for submission of materials, etc. or request for cooperation shall comply therewith in the absence of good cause.

(6) Except as provided in Articles 1 through 5, matters necessary for the recognition of a sufferer, etc. shall be prescribed by Presidential Decree.

Article 79(Penalty provisions) #

(1) Any person who violates Article 41(1) by assaulting or threatening a commissioner or staff of the Investigation Commission, a commissioner of an advisory body, or an appraiser, or by using force or hierarchy to obstruct the performance of their duties shall be punished by imprisonment for not more than 5 years or a fine not exceeding 50 million won.

(2) 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 defames the honor of a person or the deceased by disclosing the identity of the subject of investigation or a reference witness or the contents of an investigation, in violation of Article 42(1);

2. A person who fails to submit requested materials or things for a hearing without good cause;

3. A witness who fails to attend a hearing, take an oath, or provide testimony at the hearing without good cause;

4. An appraiser who fails to take an oath or give an appraisal at a hearing without good cause;

5. A witness who provides false testimony or an appraiser who gives a false appraisal at a hearing;

6. A person who obstructs the attendance of a witness, etc. at a hearing or obstructs verification.

(3) Any of the following persons shall be punished by imprisonment with labor for not more than 2 years or by a fine not exceeding 20 million won:

1. A person who provides or leaks confidential information, documents, materials or things to another person in violation of Article 73 or uses them for purposes other than performing the duties of the Investigation Commission, etc.;

2. A person who impersonates a commissioner or staff of the Investigation Commission, etc. or exercises the authority of the Investigation Commission, etc. by misrepresenting that they perform the duties of the Investigation Commission, etc. under delegation, entrustment, or joint performance, in violation of Article 74(1);

3. A person who organizes a group or engages in group or individual activities, in violation of Article 74(2).

SPECIAL ACT ON PROTECTION OF RIGHTS OF SUFFERERS, TRUTH-FINDING, AND PREVENTION OF RECURRENCE OF OCTOBER 29 ITAEWON DISASTER

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Rights of sufferers) #

Article 4(Responsibilities of the State and local governments) #

Article 5(Relationship to Other Statutes) #

Article 6(Establishment of National Commission for the Investigation of the October 29 Itaewon Disaster) #

Article 7(Independence of Investigation Commission) #

Article 8(Composition of Investigation Commission) #

Article 9(Operational period of Investigation Commission) #

Article 10(Duties of chairperson) #

Article 11(Independence and protection of status of commissioners in performing their duties) #

Article 12(Prohibition of commissioners from holding dual office) #

Article 13(Disqualification of commissioners) #

Article 14(Exclusion of, challenge to, and recusal by, commissioners) #

Article 15(Quorum for proceedings and quorum for resolution) #

Article 16(Disclosure of proceedings) #

Article 17(Quota of employees of Investigation Commission) #

Article 18(Establishment of subcommissions) #

Article 19(Establishment of secretariat) #

Article 20(Establishment of Documentation and Records Unit) #

Article 21(Protection of staff status) #

Article 22(Disciplinary committee) #

Article 23(Dispatch of public officials) #

Article 24(Fact-finding investigation) #

Article 25(Application for investigation) #

Article 26(Decision of dismissal without prejudice) #

Article 27(Commencement of investigation) #

Article 28(Methods of investigation) #

Article 29(Order of accompanying) #

Article 30(Filing accusation and requesting investigation) #

Article 31(Investigation and trial period) #

Article 32(Request for audit by Board of Audit and Inspection) #

Article 33(Conduct of hearings) #

Article 34(Support from the State) #

Article 35(Request for appearance of witnesses) #

Article 36(Duty of witnesses to appear) #

Article 37(Oath of witnesses, etc.) #

Article 38(Protection of witnesses) #

Article 39(Verification) #

Article 40(Delegation and entrustment of duties) #

Article 41(Protection of the activities of Investigation Commission) #

Article 42(Protection of the subject of investigation) #

Article 43(Mitigation of culpability) #

Article 44(Transportation costs and travel expenses) #

Article 45(Exemption from liability following disclosure) #

Article 46(Preparation and submission of comprehensive report) #

Article 47(Establishment of Documentation and Records Unit) #

Article 48(Measures regarding October 29 Itaewon Disaster materials) #

Article 49(Term of existence of secretariat) #

Article 50(October 29 Itaewon Disaster Damage Relief Deliberation Commission) #

Article 51(Composition and operation of Deliberation Commission) #

Article 52(Application for recognition of sufferer) #

Article 53(Reconsideration) #

Article 54(Principle of support) #

Article 55(Guarantee of participation of sufferers) #

Article 56(Support for economic revitalization and community recovery) #

Article 57(Livelihood support payment) #

Article 58(Support for psychological counseling) #

Article 59(Examination and treatment of psychological symptoms and mental illness) #

Article 60(Employee's medical leave of absence) #

Article 61(Support for employee's medical leave of absence) #

Article 62(Special cases concerning the Emergency Aid and Support Act and the Child Care Support Act) #

Article 63(Legal support for sufferers) #

Article 64(Request for cooperation regarding sufferer's financial transactions) #

Article 65(Development and implementation of community recovery programs) #

Article 66(Establishment of community complex facilities) #

Article 67(Implementation of memorial programs) #

Article 68(Commission to Commemorate Victims of October 29 Itaewon Disaster) #

Article 69(Name and location of memorial parks) #

Article 70(Special cases concerning establishment of memorial facilities) #

Article 71(Contributions to foundation) #

Article 72(Special cases concerning receipt of donations) #

Article 73(Duty of confidentiality) #

Article 74(Prohibition of misrepresentation of qualification) #

Article 75(Protection of rights) #

Article 76(Recovery of unjust benefits) #

Article 77(Measures regarding records related to October 29 Itaewon Disaster) #

Article 78(Legal fiction as public officials for purposes of applying penalty provisions) #

Article 79(Penalty provisions) #