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HOME>Procedure>Investigation
and Determination of Truth-finding |
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Investigation by petitioner |
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○ Investigation for all petitions except those subject to rejection.
- A decision shall be made to initiate or reject a petition within 90 days after it is received by the Commission
○ In the case that the Commission has sufficient support to admit it has a historically important event and considers that
it is critical to identify the truth, it may investigate by official authority
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The Commission shall reject a petition that falls under any of the following conditions. |
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○ If the contents of a petition do not fall within the scope of the matter subject to investigation
○ If the contents of the petition are deemed manifestly false or ill-founded
○ If a petition has facts identical to another petition which was already dismissed by the Commission.
※ An exception can be made if the petition contains critical materials for explanation, which were not included in
the previous petition.
The Commission may, even after initiating the investigation on a petition, reject it subject to the above conditions
○ In the event a petitioned case does not fall under any of the conditions stated above for rejection, the Commission decides
to initiate an investigation of a petition and conduct the necessary investigation without delay.
○ The commission, if deemed necessary, may conduct a preliminary investigation to decide whether or not to initiate a full investigation.
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The Commission may, even after initiating
the investigation on a petition, reject it subject
to the above
cases. |
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○ In the event a case of the petition does not fall under any of the conditions stated above for rejection, the Commission
decides to initiate an investigation of a petition and conduct the necessary
investigation without delay.
○ The commission, if deemed necessary before the
investigation, may take a preliminary investigation
to decide whether it
initiate the investigation or not. |
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○ If a petitioned case does not include one of the above conditions for rejection, the Commission can decide to initiate
an investigation of a petitioned case and carry out the necessary investigation without delay.
○ The commission, if deemed necessary, may conduct a preliminary investigation to decide whether or not to initiate
a full investigation.
- If deemed necessary that a preliminary investigation is needed to decide to initiate (or reject) the investigation, the
decision of initiation (rejection) may be delayed within 30 days.
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Investigator |
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○ An investigator in principle means the Commission.
○ It may be a committee or a staff member designated by the Commission
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Requirement for Investigation |
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○ A respondent or reference witness must submit a written statement
○ A respondent or reference witness is requested to be present for or to hear his/her statement
○ The party, person, or related entity/facility/organization must submit materials deemed relevant to matters
subject to investigation
○ To refer to the party concerned/facility or organization or the related entity etc for such facts or information
as deemed relevant to matters subject to investigation.
○ To appoint an appraiser and request an appraisal.
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On-site Investigation |
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○ If deemed necessary, the commission staff may conduct an on-site Investigation in accordance to the resolution
of the Commission.
※ The purpose of an on-site Investigation is to investigate relevant materials, data, institutions, facilities or groups
in any location deemed relevant to a past incident or the investigation.
○ The Commissioner or its staff may request any party concerned in an on-site investigation to submit relevant materials
or articles and the party concerned is required to respond to the request without delay.
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Submission of Materials or Data |
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○ Any party concerned shall respond to a request for materials or data subject to investigation without delay and shall not
reject it without reasonable ground.
※ An exception may be permitted if the appropriate minister (a head of any related institution belonging to
the President of the Republic of Korea and the National Assembly) submits an explanation within five days after
the date of receiving a request for materials or articles stating that the information the Commission requested
is classified by the state because it may involve classified military or diplomatic information or classified
information regarding the Republic of Korea's relation with North Korea and its announcement might endanger
national security.
- Even under this circumstance, the head of any relevant institution which is requested to submit related materials
or articles shall enable the commissioners to inspect the materials or articles only, provided that the Commission
shall not open them to the public.
○ In the event that any relevant institution which is requested to submit related material or articles refuses to submit them,
it shall give the Commission an explanation in detail.
○ In the event that the Commission concludes that the explanation lacks reasonable ground to refuse such a submission,
it may issue an order to submit the materials or articles by resolution of the Commission.
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| - Protection of Commissioner |
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Protection for Investigator or Cooperator |
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○ No person shall assault or threaten a commissioner or staff member, nor shall any person interfere with the investigation.
○ No person shall assault or threaten an appraiser, nor shall any person interfere with the investigation.
○ No person shall assault or threaten a reference witness
○ A person shall not suffer any disadvantage such as dismissal, suspension from office, reduction of salary, or transference
for cooperating with or providing related information for an investigation.
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Duties of the Commission |
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○ The Commission shall prepare necessary measures to protect a reference witness or appraiser, secure relevant
materials, and prevent any obstruction of the investigation.
○ The Commission may provide necessary compensation or support to a person who obtains or submits critical materials for
clearing up the truth in the investigation, and may recommend he/she be granted amnesty.
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| - Protection of a person who is subject to investigation |
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- A person shall not be misrepresented as a suspect in any newspapers, magazines, broadcast programs (including internet newspaper and broadcasting), and other publications solely based on a past position he/she held in an administrative, military, judicial, or other organization subject to the investigation.
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○ An exception may be permitted in a case that is proven factual and related to the public good.
○ A person shall not disclose the contents of the investigation prior to reporting to the President of the Republic of Korea and the National Assembly.
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Protection of informant |
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○ If a participant or a person who found or submitted necessary information for the investigation is
endangered or physically threatened, he/she may request protection from the relevant institution.
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Mission of the Commission |
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○ The Commission shall prepare measures to protect the privacy and honor of the respondents during the investigation
proceedings.
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○ The Commission shall provide a respondent, his/her spouse, lineal descendant or concerned person with an
opportunity to state his/her opinion.
○ A person who states his/her opinion may request to read related materials of the evidence based on the investigation
report and may appoint a lawyer.
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Determination of Truth-finding |
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○ After the completion of the investigation, if the facts are uncovered the result shall be decided by resolution of the
Commission.
○ If the Commission does not or cannot determine the truth of an investigation, they shall decide to define it as
unfeasible to investigate due to the nature of the case.
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Notification of Determination and Application to Raise an Objection |
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○ The Commission shall immediately provide notification of its decision by specifying the cause.
○ A person subject to notification of the determination: Petitioner, respondents, and reference witness.
※ In the event a petitioner or respondents of the investigation are dead or their
whereabouts are unknown , his/her spouse or linear ascendants or descendants shall be informed.
○ Contents of the notification: Decision, procedure of raising an objection, other necessary details.
※Regardless of whether or not the case is deemed unfeasible, persons subject to notification shall be notified.
○ Period to raise an objection: a person may raise an objection in writing to the Commission within 60 days of receiving
the notification.
○ Deadline for re-determination: The Commission shall make a decision in writing without delay within 60 days after
receiving the objection
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