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| Under the「Framework Act on Clearing up Past
Incidents for Truth and Reconciliation」, the Commission’s
purpose is to foster national legitimacy and reconcile
the past for the sake of national unity by honoring those
who participated in anti-Japanese movements and exposing
the truth by investigating incidents regarding human rights
abuses, violence, and massacres occurring since Japanese
rule to the present time, specifically during the nation’s
authoritarian regimes. |
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| ▶ Organization of the
Commission |
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1) Commissioners: 15 members (8 members
recommended by the National Assembly, 4 members
appointed by
the President, and 3 members
nominated by the Chief Justice of the Supreme Court)
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○ Standing Commissioners: 4 members
(2 members recommended by the National Assembly,
2 members
nominated by the President)
- Chairperson:
Ministerial caliber (1 member)
- Standing
Commissioners: Vice ministerial caliber (3 members)
○ Non-standing Commissioners:
11 members |
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2) Nomination of Chairperson and Commissioners
of the Commission: President of the Republic of
Korea |
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| ▶ Term of the Commissioners |
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1) The term of commissioners including
the chairperson is two years and reappointment is
possible.
2) Successor in the case of a vacancy: Immediate
appointment after electing or nominating within
30 days.
- The term of office
of the commissioner who is appointed as a successor
shall start anew. |
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| ▶ Any case that may exclude,
refuse, or avoid a commissioner from participation
in the deliberation and resolution. |
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○ If the commissioner or any person
who is or was the commissioner’s spouse is an offender
or victim
concerned of the relevant clearing up past incidents
of the Commission.
○ If the commissioner is or was a blood relative
of the offender or victim concerned of the relevant
clearing
up past incidents of the Commission.
○ If the commissioner was involved in any criminal
investigation or trial procedures with respect to
the
relevant investigation of the Commission.
○ If the commissioner has testified or made an evaluation
with respect to the relevant clearing up past
incidents of the Commission.
○ If the commissioner participates or participated
in the relevant clearing up past incidents as an
agent of the party concerned.
○ If the commissioner who receives a request for
refusal from a petitioner or respondent. |
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| ▶ Proceeding and Quorum
for Resolution |
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○ The resolution thereof shall require
the consent of a majority of the incumbent commissioners. |
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| ▶ Publication of Proceedings |
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○ The proceedings of the Commission
shall be accessible to the public unless deemed
otherwise by the
Commission or subcommittees |
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○ Basic period for investigation: The Commission
shall investigate petitions for two years with a possible
two year
extension if needed.
○ Renewable period: Within two years
- Procedure to extend the
period: the Commission reports its extension to the President
of the Republic of Korean
and the National
Assembly three month before the expiration of the investigation
○ The Commission may conclude the investigation before
the expiration date if it decides it is unnecessary to
continue: The period of the investigation
may be concluded by resolution of the Commission.
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The Commission is an independent organization not belong
to the Government. |
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○ The Commission investigates all relevant past incidents,
apart from investigations conducted by commissions
established in accordance with
individual Acts.
○ The Commission is an independent body, not belonging
to any ministry.
- Similar Independent commission:
National Human Rights Commission, Korea Broadcasting Commission
○ The Commission, after concluding its investigation,
proposes recommendations to rectify damage, restore honor,
and reconcile between the victimizer
and victim.
○ The Commission supports the establishment of a research
foundation for past incidents. |
