Act On The Honor Restoration Of And Compensation To Persons Related To Democratization Movements


Published: 2011-09-15

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 Article 1 (Purpose)   print
The purpose of this Act is to plan stable livelihoods and enhanced welfare of persons who have sacrificed themselves in the cause of democratization movements and their bereaved family members by having the State restore their honor and pay them compensation, and to contribute to the development of democracy and national harmony.
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 Article 2 (Definitions)   print
The terms used in this Act shall be defined as follows: <Amended by Act No. 8273, Jan. 26, 2007>
1. The term "democratization movement" means activities performed on or after March 24, 1964, which contributed to the realization of the ideal and value aimed at by the Constitution and to the establishment of democratic constitutional order and restored and expanded freedom and rights of people by resisting authoritarian rule that disrupts basic liberal democratic order and infringes on the basic rights of people guaranteed by the Constitution;
2. The term "democratization movement-related persons" (hereinafter referred to as "related persons") means persons deliberated on and determined by the Deliberation Committee for the Restoration of Honor and Compensation to Democratization Movement-Related Persons prescribed in the provisions of Article 4 from among the following persons:
(a) Dead or missing persons in relation to democratization movements;
(b) Persons injured in relation to democratization movements;
(c) Persons recognized to be suffering from an illness prescribed by Presidential Decree due to democratization movements or to have died from aftereffects thereof;
(d) Persons who have been adjudged guilty, been dismissed from office or submitted to disciplinary measures by school authorities on the grounds of democratization movements.
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 Article 3 (Scope, etc. of Bereaved Family Members)   print
(1) The term "bereaved family member" referred to by this Act means a successor to property of the related person pursuant to the Civil Act: Provided, That in cases of a missing person, the person to become a successor to such missing person's property pursuant to the Civil Act as at the time such missing person disappeared shall be deemed a bereaved family member.
(2) Bereaved family members pursuant to the provisions of paragraph (1) shall jointly hold a right to be granted compensation and living allowances prescribed by this Act in proportion to the inherited portions. <Amended by Act No. 7214, Mar. 27, 2004; Act No. 8273, Jan. 26, 2007>
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 Article 4 (Deliberation Committee for the Restoration ofHonor and Compensation to Democratization Movement-Related Persons)   print
(1) In order to deliberate on and determine the restoration of honor, compensation money, etc. to related persons pursuant to this Act and their bereaved family members, the Deliberation Committee for the Restoration of Honor and Compensation to Democratization Movement-Related Persons (hereinafter referred to as "Committee") shall be established under the jurisdiction of the Prime Minister.
(2) The functions of the Committee shall be as listed in the following subparagraphs:
1. Deliberation on and determination of whether a person is a related person or his/her bereaved family member;
2. Determination of the degree of disability of related wounded persons;
3. Deliberation on and determination of related persons or their bereaved family members and provision of compensation money, etc. thereto;
4. Matters necessary for the restoration of honor of related persons and their bereaved family members;
5. Funding plans for the compensation, etc. of related persons or their bereaved family members;
6. Support to memorial organizations of related persons;
7. Other matters prescribed by Presidential Decree concerning restoration of honor, compensation, etc.
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 Article 5 (Organization of Committee)   print
(1) The Committee shall consist of nine members, including a chairperson, and the members shall be appointed by the President from among persons with abundant knowledge and experience.
(2) The chairperson shall be elected by mutual vote from among its members, and three persons recommended by the Speaker of the National Assembly and additional three persons recommended by the Chief Justice of the Supreme Court shall be appointed as members of the Committee.
(3) The term of office of the chairperson and members shall be two years, who may be reappointed for only one further two-year term.
(4) In order to assist deliberations by the Committee, a full-time examination member shall be posted, as prescribed by Presidential Decree. <Newly Inserted by Act No. 8273, Jan. 26, 2007>
(5) Matters necessary for the organization, operation, etc. of the Committee shall be prescribed by Presidential Decree. <Amended by Act No. 8273, Jan. 26, 2007>
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 Article 5-2 (Delivery, etc. of Certificates of Related Persons)   print
The Committee shall publish the determinations made in relation to democratization movements in the official gazette, announce such determinations in two or more daily newspapers and deliver certificates of related persons.
[This Article Newly Inserted by Act No. 7214, Mar. 27, 2004]
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 Article 5-3 (Recommendations for Special Pardon and Restoration of Rights and Erasure of Criminal Records)   print
(1) The Committee may recommend the President to grant special pardons and restoration of rights to persons who have been judged guilty in relation to democratization movements and to persons whose qualifications have been lost or suspended due thereto as prescribed by Acts and subordinate statutes.
(2) The Committee may request for the erasure or obliteration of criminal records that have been prepared and managed in relation to democratization movements.
[This Article Newly Inserted by Act No. 7214, Mar. 27, 2004]
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 Article 5-4 (Recommendations for Reinstatement to Former Position)   print
(1) Where a related person so desires, the Committee may recommend the State, local governments or employers to reinstate such related person who has been dismissed to his/her former position.
(2) The head of an institution in receipt of a recommendation as prescribed in the provisions of paragraph (1) shall value the recommended matters and endeavor to implement such matters. <Newly Inserted by Act No. 8273, Jan. 26, 2007>
(3) The head of an institution in receipt of a recommendation as prescribed in the provisions of paragraph (1) shall explain whether he/she has implemented the details of recommendation to the Committee within three months. In such cases, if he/she has failed to implement the details of recommendation, he/she shall record the reason. <Newly Inserted by Act No. 8273, Jan. 26, 2007>
[This Article Newly Inserted by Act No. 7214, Mar. 27, 2004]
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 Article 5-5 (Recommendations for Erasure, etc. of Scholastic Warning)   print
The Committee may recommend a relevant school to erase records of disciplinary measures taken against a related person in relation to democratization movements, to allow him/her to return to school or to issue him/her with an honorable diploma.
[This Article Newly Inserted by Act No. 7214, Mar. 27, 2004]
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 Article 5-6 (Prohibition, etc. of Disadvantageous Treatment)   print
No person recognized as a related person pursuant to this Act shall be treated discriminatively or disadvantageously by the State, local governments, employers, etc. for his/her involvement in a democratization movement.
[This Article Newly Inserted by Act No. 7214, Mar. 27, 2004]
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 Article 5-7 (Ex Officio Re-deliberation)   print
(1) Where it is found that substantial grounds for modification of the determination of the Committee occur, the Committee may deliberate on the case for only one more time after completing deliberation of the applied case.
(2) Matters necessary for the timing, method, procedures, etc. of ex officio re-deliberation shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 8273, Jan. 26, 2007]
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 Article 6 (Principle of Compensation)   print
Related persons and their bereaved family members shall be granted compensation according to the degree of sacrifice of the related persons, however, the degree of compensation may vary in consideration of their standard of living.
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 Article 7 (Compensation Money)   print
(1) Related persons and their bereaved family members shall be paid compensation money calculated by adding the amount of interest at the statutory interest rate until the time compensation is determined, to the amount calculated according to the following classifications:
1. As for a bereaved family member of a person who is confirmed dead or missing in relation to democratization movements, an amount calculated by subtracting intermediary interest calculated by using simple interest formula at the statutory interest rate from an amount calculated by multiplying the period during which such person can be employed to the amount of monthly salary, amount received each month or average salary as at the time of his/her death or disappearance;
2. As for a person wounded in relation to a democratization movement or his/her bereaved family member, an amount calculated by adding to following amounts:
(a) Where any loss of income, such as the amount of monthly salary, amount received each month or average salary, arising due to necessary recuperation, the amount of loss during such period of recuperation;
(b) Where a wounded person becomes disabled, an amount obtained, according to the degree of loss of capability to work due to such wound, by subtracting intermediary interest calculated by using simple interest formula at the statutory interest rate from an amount calculated by multiplying the rate of loss of capability to work and the period during which such person can be employed to the amount of monthly salary, amount received each month or average salary at the time he/she was wounded.
(2) Where a person wounded due to a democratization movement dies for a reason other than such wound, he/she shall be deemed alive and compensation money shall be paid as prescribed in the provisions of paragraph (1) 2.
(3) The amount of monthly salary, amount received each month or average salary pursuant to the provisions of paragraph (1) shall be according to a certificate issued by the head of the Si/Gun/Gu or the head of the tax office having jurisdiction over the address or a certificate having public confidence, and where certification is impossible, it shall be as prescribed by Presidential Decree.
(4) In calculating compensation money as prescribed in the provisions of paragraph (1), living expenses prescribed by Presidential Decree shall be subtracted from the amount of monthly salary, amount received each month or average salary.
(5) Matters necessary for the period during which a person can be employed, classification of disability and the rate of loss of capability to work shall be prescribed by Presidential Decree.
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 Article 7-2 (Adjusted Payment of Compensation Money)   print
If a substantial difference exists between the amount of monthly salary, amount received each month or average salary as at the time of death or wound and the amount of monthly salary, amount received each month or average salary as at the time compensation is determined, compensation money shall be paid after adjustment, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 7214, Mar. 27, 2004]
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 Article 8 (Medical Allowances)   print
(1) Persons who are in need of continuous medical treatment, constant protection or use of prosthetics due to a wound sustained in relation to democratization movements as at the time this Act enters into force among persons wounded in relation to democratization movements, expenses actually incurred for medical treatment, protection or the purchase of prosthetics shall be paid in a lump, as prescribed by Presidential Decree.
(2) When medical allowances prescribed in the provisions of paragraph (1) is paid, intermediary interest calculated by using simple interest formula at the statutory interest rate shall be subtracted therefrom.
(3) Medical fees already paid by a person wounded in relation to ademocratization movement shall be reimbursed to such person. In such cases, the standards and methods of reimbursement shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 8273, Jan. 26, 2007>
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 Article 9 (Living Allowances)   print
(1) The Committee may pay allowances to support the livelihood of a person falling under the following subparagraphs and his/her bereaved family members: <Amended by Act No. 8273, Jan. 26, 2007>
1. A person who has been detained for 30 days or more for reasons of ademocratization movement;
2. A person who was wounded in relation to a democratization movement and has not received compensation pursuant to the provisions of Article 7 (1) 2 (b);
3. A dismissed person who had been in office for one year or more.
(2) Living allowances pursuant to the provisions of paragraph (1) may be paid from the money contributed for the support of related persons, and the Government may subsidize part of such money.
(3) Matters necessary for the standards, amount, methods, etc. of paying living allowances shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 7214, Mar. 27, 2004>
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 Article 10 (Application for Payment of Compensation Money, etc.)   print
(1) A related person or his/her bereaved family member who intends to be granted compensation money, medical allowances or living allowances (hereinafter referred to as "compensation money, etc.") shall file an application for payment of compensation money, etc. to the Committee in writing accompanied by related evidential documents, as prescribed by Presidential Decree.
(2) An application for payment of compensation money, etc. pursuant to the provisions of paragraph (1) shall be filed within six months after this Act enters into force. <Amended by Act No. 7214, Mar. 27, 2004; Act No. 8273, Jan. 26, 2007>
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 Article 11 (Deliberation and Determination)   print
The Committee shall determine whether to pay compensation money, etc. and the amount thereof within 90 days from the date it receives an application for payment: Provided, That in cases of a missing person, it shall be determined within 120 days.
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 Article 12 (Service of Written Determination)   print
(1) When the Committee determines whether to pay compensation money, etc., an original transcript of written determination shall be served on the applicant within 30 days.
(2) The provisions concerning service prescribed by the Civil Procedure Act shall apply to service prescribed in paragraph (1).
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 Article 13 (Re-deliberation)   print
(1) A related person or his/her family member who has an objection against matters determined by the Committee as prescribed in the provisions of Article 11 may file an application for re-deliberation with the Committee within 30 days from the date he/she is served with a written determination as prescribed in the provisions of Article 12.
(2) The provisions of Articles 11 and 12 shall apply mutatis mutandis to the redeliberation of the Committee and service, respectively. In such cases, "90 days" and "120 days" in Article 11 shall be construed as "60 days", respectively.
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 Article 14 (Applicants' Approval and Payment of Compensation Money, etc.)   print
(1) When an applicant served with an original transcript of written determination of compensation intends to be granted compensation money, etc., he/she shall, without delay, file an application for payment of compensation money, etc. with the Committee accompanied by a written approval for such determination.
(2) Matters necessary for the procedures, etc. of payment of compensation money, etc. shall be prescribed by Presidential Decree.
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 Article 15 (Protection of Rights to be Granted Compensation Money, etc.)   print
A right to be granted compensation money, etc. pursuant to this Act shall not be transferred, put to pledge or seized.
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 Article 16 (Tax Exemption)   print
No national tax and local tax shall be imposed on the compensation money, etc. pursuant to this Act.
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 Article 17 (Principle of Prior Determinations)   print
(1) Litigation on payment of compensation money, etc. pursuant to this Act shall be instituted only after determination or dismissal of payment of compensation money, etc. is made by the Committee:Provided, That this shall not apply to cases where 90 days pass from the date an application for payment of compensation money, etc. is filed.
(2) Litigation pursuant to the provisions of paragraph (1) shall be instituted within 60 days from the date an original transcript of written determination (including an original transcript of written determination of re-deliberation) is served.
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 Article 18 (Relationship, etc. with Compensation, etc. pursuant to other Acts)   print
(1) This Act shall not apply to persons eligible for honorable treatment or compensation pursuant to other Acts, such as the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State and the Act on Support for Persons Eligible for Veteran's Compensation.
(2) If an applicant approves the determination of payment of compensation, etc. pursuant to this Act, a ruling of consent pursuant to the provisions of Civil Procedure Act is deemed issued concerning damage suffered in relation to democratization movements.
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 Article 19 (Recovery of Compensation Money, etc.)   print
(1) Where a person who receives compensation money, etc. pursuant to this Act falls under any of the following subparagraphs, the State may recover all or part of the compensation money, etc. that he/she receives:
1. Where he/she receives compensation money, etc. by deceit or other fraudulent means;
2. Where he/she is erroneously paid;
3. Where a person recognized as missing in relation to a democratization movement is proved to be alive or that he/she has died or missing irrelevant of a democratization movement.
(2) Where recovery is to be made by the State as prescribed in the provisions of paragraph (1), it shall be made in the same manner as national taxes are collected.
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 Article 20 (Factual Investigations and Responsibilities for Cooperation)   print
(1) If deemed necessary for compensation, etc. pursuant to this Act, the Committee may hear testimony or statements from related persons, witnesses or persons to make helpful statements, or make an inspection of evidence or a necessary inspection, etc., or request administrative agencies and other institutions for necessary cooperation, such as inquiry into income or criminal records, certification of facts, etc. <Amended by Act No. 8273, Jan. 26, 2007>
(2) Administrative agencies and other institutions requested for cooperation as prescribed in the provisions of paragraph (1) shall handle such request in preference to other duties and notify the result thereof without delay.
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 Article 21 (Prescription)   print
A right to be granted compensation money, etc. pursuant to this Act shall become extinct if not exercised within one year from the date an original transcript of written determination of payment of compensation money, etc. is served on the applicant: Provided, That in cases where litigation on the payment of compensation money, etc. pursuant to this Act is instituted, prescription shall be suspended from the date litigation is instituted until the date final judgment is delivered.
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 Article 22 (Collection of Contributions)   print
(1) The Committee may collect contributions in order to pay support money to related persons, their bereaved family members, etc. and to support expenses for projects concerning democratization movements.
(2) The collection of money pursuant to the provisions of paragraph (1) shall be deemed registered as prescribed in the provisions of Article 4 of the Act on Collection and Use of Donations. <Amended by Act No. 7908, Mar. 24, 2006>
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 Article 23 (Memorial Projects)   print
The Government shall promote memorial projects succeeding to the spirit of democratization movements.
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 Article 24 (Financial Support, etc. to Memorial Organizations, etc.)   print
(1) According to the deliberation and determination of the Committee, the Government may partially support the project expenses, etc. to nonprofit juristic persons or organizations for a purpose of commemorating related persons.
(2) Juristic persons or organizations intending to receive support prescribed in paragraph (1) shall file an application with the Committee, as prescribed by Presidential Decree.
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 Article 25 (Restrictions on Establishing Organizations for Support to Related Persons)   print
No person shall establish an organization for a purpose of profit-making under the pretext of support to related persons or their bereaved family members, or conduct an organizational or personal activity.
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 Article 26 (Penal Provisions)   print
(1) Any person who receives compensation money pursuant to this Act or enables another person to receive compensation money by deceit or other fraudulent means shall be punished by imprisonment for not more than five years or by a fine not exceeding five million won.
(2) Any person who attempts to commit a violation prescribed in paragraph (1) shall be punished.
(3) Any person who violates the provisions of Article 25 shall be punished by imprisonment for not more than three years or by a fine not exceeding three million won.
ADDENDUM
This Act shall enter into force four months after the date of its promulgation.
ADDENDA<Act No. 7214, Mar. 27, 2004>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Applicability) The amended provisions of Articles 3, 5-2 through 5-6, 7-2, 9 and 10 shall apply even to those who file applications for the restoration of honor and the payment of compensation money, etc. before this Act enters into force.
(3) (Exceptions to Scope of Application) Notwithstanding the provisions of Article 18 (2), the amended provisions of Article 7-2 shall apply even to persons for whom payment of compensation money is determined before this Act enters into force: Provided, That in cases of persons falling under Article 18 (1), this shall not apply.
ADDENDA<Act No. 7908, Mar. 24, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Act No. 8273, Jan. 26, 2007>
(1) (Enforcement Date) This Act shall enter into force four months after the date of its promulgation.
(2) (Applicability) The amended provisions of Articles 3 (2), 5-4, 5-7, 8 (3) and 9 (1) shall also apply to persons who file applications for the restoration of honor and the payment of compensation money, etc. before this Act enters into force.
ADDENDA<Act No. 11042, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2012.
Article 2 Omitted.