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○ A related state administrative institution or local governmental institution is charged with the duty of providing active
cooperation and the facilities necessary for the Commission to perform its duties and investigation.
○ The Commission may entrust a related institution, such as a local governmental institution, with certain tasks or
collaborate with the related institution on the investigation.
○ A related state institution involved in the investigation may establish a special organization such as a commission or
an investigation under its institution.
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Confidentiality |
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○ A person subject to confidentiality: A person who is or was a commissioner, advisory member, or staff member of
the Commission, and any other person who performed or performs duties for the Commission.
○ Materials of confidentiality: any confidential information including materials, data and articles by the Commission
○ Method to maintain confidentiality
- No person shall provide or disclose any confidential information
- No person shall use the information for other purposes
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Prohibition of False Impersonation |
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○ No person shall exercise the authority of the Commission by falsely impersonating a commissioner or its staff.
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Prohibition of Use of Similar Name |
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○ No person not affiliated with the Commission shall use the name of the Commission on Clearing up Past Incidents for
Truth and Reconciliation or any other name that is similar thereto.
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Legal Fiction in Application of Penal Provisions |
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○ Any person other than a public official from among the commissioners of the Commission shall be deemed to be a
public official in the application of penal provisions under the Criminal Act or any other Act.
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Penal |
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1) Punishment by imprisonment for no more than 3 years or by a fine not exceeding 20 million won
○ A person who files a false petition
○ A person who damages the honor of another person; living or deceased, by misrepresenting him/her as a suspect
in the mass media solely based on his/her position in an organization subject to the investigation
○ A person who damages the honor of another person; living or deceased, by officially disclosing the contents of the
investigation prior to reporting it to the President of the Republic of Korea and the National Assembly
2) Punishment by imprisonment for no more than 2 years or by a fine not exceeding 10 million won
○ A person who discloses confidential information
○ A person who exercises the authority of the Commission by impersonating a commissioner
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Case of Mitigation of Punishment |
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○ In the case of a confession before detecting a criminal act, the punishment may be mitigated or remitted.
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Case for Punishment by a Fine Not Exceeding 10 Million Won |
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○ A reference witness who provides false statements or a person who submits false materials
○ A person who responds falsely to the Commission’s inquiry
○ A person who rejects or refuses an on-site investigation without reasonable ground
○ A person who does not comply with a subpoena without reasonable ground
○ A person imposing unfavorable measures on a person who is providing or has provided information related to the
investigation
○ A person who illegally imposes unfavorable measures against another people
○ A person who uses the name of the Commission or any other name that is similar thereto
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The Person Who Imposes a Fine for Negligence |
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○ The Chairperson
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Period for Raising an Objection |
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Within 14 days of receiving a notification of imposition
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Process of Raising an Objection |
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The Commission → Notification to the competent court
※ Trial for a fine for negligence pursuant to the Non-Contentious Case Litigation Procedure Act
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Remedy for a Person Who is Subject to a Disposition of the Fine for Negligence |
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The fine for negligence shall be collected by referring to the practices of dispositions on default of national taxes.
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