Request for communications and press release to UN experts on the 75th anniversary of the outbreak of the Korean War

A request for allegation letter (AL) and press release for the unrepatriated South Korean (ROK; Republic of Korea) prisoners of war (POWs) and civilian abductees in North Korea (DPRK; Democratic People’s Republic of Korea) on the 75^th anniversary of the outbreak of the Korean War

This coming Wednesday, 25 June 2025 marks the 75^thanniversary of the outbreak of the Korean War. The bloody three-year war began with North Korea (DPRK; Democratic People’s Republic of Korea)’s surprise attack on South Korea (ROK; Republic of Korea) on 25 June 1950, and ended with the signing of the Armistice Agreement on 27 July 1953.

Although most belligerents were not parties to the 1949 Geneva Conventions, in response to the notes sent by the International Committee of the Red Cross (ICRC), the United States of America (5 July 1950) and South Korea (7 July 1950) agreed to be bound by them while North Korea (15 July 1950) sent a telegram to the UN Secretary-General stating that it was “strictly abiding by principles of the Geneva Conventions in respect to Prisoners of War” (15 July 1950).¹

The 1953 Armistice Agreement put an end to the active hostilities in the Korean peninsula that had wrought wanton destruction and deaths of millions, but its provisions regarding the release and repatriation of the prisoners of war (POWs) and the return of displaced civilians in Article III (paragraphs 51-59) (see Annex 1) remain to be honored to this date by the DPRK.

After 1953, North Korea continued to hold tens of thousands of South Korean POWs and civilian abductees in captivity and virtual slavery as forced laborers for life at the pain of arbitrary detention, torture and execution, with their fate and whereabouts undisclosed to their loved ones in South Korea to this date, in blatant violation of the Armistice Agreement as well as international humanitarian and human rights law.

The Commission of Inquiry on human rights in the DPRK (COI), established by Human Rights Council resolution 22/13 of 21 March 2013, addressed the issue of South Korean POWs and civilian abductees as well as the post-Armistice abductees in its report of the detailed findings (A/HRC/25/CRP.1, 7 February 2014 ) under the rubric of enforced disappearance of persons from other countries under the headings of: (a) 1950-1953: abduction of Republic of Korea civilians during the Korean War (paragraphs 848-860); (b) 1953: denial of repatriation to prisoners of war from the Korean War (paragraphs 861-883); (c) 1955 -1992: Post-war abduction and enforced disappearance of Republic of Korea citizens (paragraphs 884-906); and (d) Efforts to resolve the abductions and enforced disappearances on the Korean peninsula (paragraphs 907-915).

According to the COI report, during the Korean War, North Korean forces abducted 80,000-100,000 South Korean civilians as a planned operation to acquire skilled laborers and professionals. Despite its obligations under the Armistice Agreement, none of the abducted civilians were assisted in returning to South Korea, and North Korea has consistently denied any war-time abductions, claiming that a number of people had voluntarily come to the North. Submissions have been made to the Working Group on Enforced and Involuntary Disappearances, but due to a lack of cooperation by the DPRK, the Working Group has not been able to confirm any information (see Annex 2 for the full list of cases transmitted to the DPRK).

The COI similarly found that at least 50,000 South Korean POWs were not repatriated after the war given that an estimated 82,000 South Korean combatants were missing while only 8,343 POWs were returned to South Korea. The COI report also estimated that approximately 500 survivors among them are still being held in North Korea. By September 2012, 80 ex-POWs have escaped to South Korea. From the outset, the DPRK did not intend to return all POWs under its control but to conceal the existence and whereabouts of the majority by transferring them to DPRK units. At the end of the war, many were simply never asked whether they wished to be repatriated while others could not speak truthfully as they witnessed those who did being subjected to summary execution. After the war they were typically sent to work until their death in remote mines, where many workers enslaved in the mines died from accidents and diseases. A similar fate awaited the children of POWs.

In addition to the Armistice Agreement, the COI referred to the violations of article 118 of the Geneva Convention (III) relative to the Treatment of Prisoners of War (“Prisoners of war shall be released and repatriated without delay after the cessation of active hostilities”) and article 134 of the Convention (IV) relative to the Protection of Civilian Persons in Time of War (“The High Contracting Parties shall endeavour, upon the close of hostilities or occupation, to ensure the return of all internees to their last place of residence, or to facilitate their repatriation. The same obligation is also entrenched in customary international humanitarian law”) (see p. 274, FN 1298 and p. 277, FN 1315).

The COI report also found that the DPRK authorities have committed and are committing crimes against humanity against persons from other countries, namely victims of international abduction and other persons denied repatriation (para. 1138). The Working Group on Enforced and Involuntary Disappearances also expressed its grave concern at the COI’s findings that enforced disappearances have been and are being committed against persons from other countries who were systematically abducted or denied repatriation, in order for the Democratic People’s Republic of Korea to gain labour and other skills (A/HRC/WGEID/103/1, 25 July 2014, paras. 67-68).

General Assembly resolution 74/166 of 18 December 2019 and Human Rights Council resolution 43/25 of 18 June 2020 on situation of human rights in the Democratic People’s Republic of Korea, adopted without a vote, “call[ed] upon the Democratic People’s Republic of Korea to address all allegations of enforced disappearances, provide accurate information to the families of the victims on the fates and whereabouts of their missing relatives and resolve all issues related to all abductees at the earliest possible date, in particular the return of abductees of Japan and the Republic of Korea”.

General Assembly resolution 78/218 of 19 December 2023, adopted without a vote, “condemn[ed] the systematic abduction, denial of repatriation and subsequent enforced disappearance of persons, including those from other Member States, on a large scale and as a matter of State policy, as well as denial of repatriation of prisoners of war, and in this regard strongly urge[d] the Government of the Democratic People’s Republic of Korea to engage in constructive dialogues with the parties concerned and to urgently resolve these issues of international grave concern, by clarifying their whereabouts in good faith and in a transparent manner, including by ensuring the realization of the immediate return of all abductees, detainees and unrepatriated prisoners of war”.

The resulting forced separation has also caused immeasurable pain and suffering to the families left in South Korea, who are not allowed to communicate let alone meet with their loved ones by the North Korean authorities, characterized by xenophobia bordering on paranoia.

We note that North Korea has continued its pattern of disappearing the foreign citizens as well as its own people to this date. According to the latest annual report of the Working Group on Enforced and Involuntary Disappearances, it has transmitted 404 cases to North Korea (A/HRC/55/63, 26 March 2024).

We also note the joint allegation letter AL PRK 2/2020 on June 23, 2020 (https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25386 ) and press release on June 25, 2020 (https://www.ohchr.org/en/press-releases/2020/09/un-experts-urge-dprk-repatriate-abductees-70th-anniversary-korean-war ) by the Working Group on Enforced or Involuntary Disappearances; the Special Rapporteur on extrajudicial, summary or arbitrary executions; the Special Rapporteur on contemporary forms of slavery, including its causes and consequences; and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.

Therefore, we ask the UN human rights experts to urge North Korea to:

To clarify the fate and whereabouts of all abductees, detainees and unrepatriated prisoners of war and to realize their immediate return, including the repatriation of the remains of the deceased persons to their bereaved families;
To provide explanation for the violations of the following rules of international law:

article III of the 1953 Armistice Agreement, in particular paragraphs 51, 53, 54, 58 and 59 thereof;
article 118 of the Articles of the Geneva Convention (III) relative to the Treatment of Prisoners of War;
article 134 of the Convention (IV) relative to the Protection of Civilian Persons in Time of War;
Articles 3, 4, 5, 6, 7, 9, 13 (1) and (2), 23 (1) and 25 (1) of the UDHR;
Articles 6 (1) and (2), 7, 8 (1), (2) and (3), 9 (1), 10 (1), 12 (1) and (2), 16 and 26 of the ICCPR;
Articles 6 (1) and 12 (1) of the ICESCR; and
Articles 2, 3, 7, 10 (2) and 13 of the Declaration on the Protection of All Persons from Enforced Disappearance

Until the release and return of South Korean POWs and wartime civilian abductees, respect, protect and fulfil their right to life, personal liberty, fair trial and due process of law, recognition everywhere as a person before the law, equal protection of the law without any discrimination, freedom of movement, freedom of thought, conscience and religion, freedom of opinion and expression, freedom of assembly and association, free choice of employment and just and favourable conditions of work, health and well-being, and education as well as the right not to be subjected to slavery or servitude, forced or compulsory labour, enforced disappearance, and torture or cruel, inhuman or degrading treatment or punishment; and
To conduct a full and independent investigation of the Korean War-era ROK POWs and civilian abductees, who continue to be held in the DPRK against their will, in particular the cases addressed by the UN special procedures, and provide accurate information regarding their fate and whereabouts and take appropriate measure against those responsible for the violation of rights.

Annex I

The relevant provisions of the 1953 Korean War Armistice Agreement (Agreement between the Commander-in-Chief, United Nations Command, on the one hand, and the Supreme Commander of the Korean People’s Army and the Commander of the Chinese People’s volunteers, on the other hand, concerning a military armistice in Korea)²

…

Article III Arrangement Relating to Prisoners of War

51. The release and repatriation of all prisoners of war held in the custody of each side at the time this armistice agreement becomes effective shall be effected in conformity with the following provisions agreed upon by both sides prior to the signing of this armistice agreement.

(a) Within sixty (60) days after this agreement becomes effective each side shall, without offering any hindrance, directly repatriate and hand over in groups all those prisoners of war in its custody who insist on repatriation to the side to which they belonged at the time of capture. Repatriation shall be accomplished in accordance with the related provisions of this Article. In order to expedite the repatriation process of such personnel, each side shall, prior to the signing of the Armistice Agreement, exchange the total numbers, by nationalities, or personnel to be directly repatriated. Each group of prisoners of war delivered to the other side shall be accompanied by rosters, prepared by nationality, to include name, rank (if any) and internment or military serial number.

(b) Each side shall release all those remaining prisoners of war, who are not directly repatriated, from its military control and from its custody and hand them over to the Neutral Nations Repatriation Commission for disposition in accordance with the provisions in the Annex hereto, “Terms of Reference for Neutral Nations Repatriation Commission.”

(c) So that there may be no misunderstanding owing to the equal use of three languages, the act of delivery of a prisoner of war by one side to other side shall, for the purposes of the Armistice Agreement, be called “repatriation” in English, (송환) “Song Hwan” in Korean and (遣返) “Ch’ien Fan” in Chinese, notwithstanding the nationality or place of residence of such prisoner of war.

52. Each side insures that it will not employ in acts of war in the Korean conflict any prisoner of war released and repatriated incident to the coming into effect of this armistice agreement.

53. All the sick and injured prisoners of war who insist upon repatriation shall be repatriated with priority. Insofar as possible, there shall be captured medical personnel repatriated concurrently with the sick and injured prisoners of war, so as to provide medical care and attendance enroute.

54. The repatriation of all of the prisoners of war required by Sub-paragraph 51 (a) hereof shall be completed within a time limit of sixty (60) days after this Armistice Agreement becomes effective. Within this time limit each side undertakes to complete repatriation of the above-mentioned prisoners of war in its custody at the earliest practicable time.

55. PANMUNJOM is designated as the place where prisoners of war will be delivered and received by both sides. Additional place(s) of delivery and reception of prisoners of war in the Demilitarized Zone may be designated, if necessary, by the Committee for Repatriation of Prisoners of War.

56. (a) A committee for Repatriation of Prisoners of War is hereby established. It shall be composed of six (6) officers of field grade, three (3) of whom shall be appointed by the Commander-in-Chief, United Nations Command, and three (3) of whom shall be appointed jointly by the Supreme Commander of the Korean People’s Army and the Commander of the Chinese People’s Volunteers. This Committee shall, under the general supervision and direction of the Military Armistice Commission, be responsible for co-ordinating the specific plans of both sides for the repatriation of prisoners of war and for supervision the execution by both sides of all of the provisions of this Armistice Agreement relating to the repatriation of prisoners of war. It shall be the duty of this Committee to co-ordinate the timing of the arrival of prisoners of war at the place(s) of delivery and reception of prisoners of war from the prisoner of war camps of both sides; to make, when necessary, such special arrangements as may be required with regard to the transportation and welfare of sick and injured prisoners of war; to co-ordinate the work of the joint Red Cross teams, established in Paragraph 57 hereof, in assisting in the repatriation of prisoners of war; to supervise the implementation of the arrangements for the actual repatriation of prisoners of war stipulated in Paragraphs 53 and 54 hereof; to select, when necessary, additional place(s) of delivery and reception of prisoners of war; and to carry out such other related functions as are required for the repatriation of prisoners of war.

(b) When unable to reach agreement on any matter relating to its responsibilities, the committee for Repatriation of Prisoners of War shall immediately refer such matter to the Military Armistice Commission for decision. The Committee for Repatriation of Prisoners of War shall maintain its headquarters in proximity to the headquarters of the Military Armistice Commission.

(c) The Committee for Repatriation of Prisoners of War shall be dissolved by the Military Armistice Committee upon completion of the program of repatriation of prisoners of war.

57. (a) Immediately after this Armistice Agreement becomes effective, joint Red Cross teams composed of representatives of the national Red Cross Societies of countries contributing forces to the United Nations Command on the one hand, and representatives of the of the Red Cross Society of the Democratic People’s Republic of Korea and representatives of the Red Cross Society of the People’s Republic of China on the other hand, shall be established. The joint Red Cross teams shall assist in the execution by both sides of those provisions of this Armistice Agreement relating to the repatriation of all the prisoners of war specified in Sub-paragraph 51 (a) hereof, who insist upon repatriation, by the performance of such humanitarian services as are necessary and desirable for the welfare of the prisoners of war. To accomplish this task, the joint Red Cross teams shall provide assistance in the delivering and receiving of prisoners of war by both sides at the place(s) of delivery and reception of prisoners of war, and shall visit the prisoner-of-war camps of both sides to comfort the prisoners of war.

(b) The joint Red Cross teams shall be organized as set forth below:

(1) One team shall be composed of twenty (20) members, namely, ten (10) representatives from the national Red Cross Societies of each side, to assist in the delivering and receiving of prisoners of war by both sides at the place(s) of delivery and reception of prisoners of war. The chairmanship of this team shall alternate daily between representative from the Red Cross Societies of the two sides. The work and services of this team shall be coordinated by the Committee for Repatriation of Prisoners of War.

(2) One team shall be composed of sixty (60) members, namely, thirty (30) representatives from the national Red Cross Societies of each side, to visit the prisoner-of-war camps under the administration of the Korean People’s Army and the Chinese People’s Volunteers. This team may provide services to prisoners of war while en route from the prisoner of war camps to the place(s) of delivery and reception of prisoners of war. A representative of a Red Cross Society of the Democratic People’s Republic of Korea or of the Red Cross Society of the People’s Republic of China shall serve as chairman of this team.

(3) One team shall be composed of sixty (60) members, namely, thirty (30) representatives from the national Red Cross Societies of each side, to visit the prisoner of war camps under the administration of the United Nations Command. This team may provide services to prisoners of war while en route from the prisoner of war camps to the place(s) of delivery and reception of prisoners of war. A representative of a Red Cross Society of a nation contributing to forces to the United Nations Command shall serve as chairman of this team.

(4) In order to facilitate the functioning of each joint Red Cross team, sub-teams composed of not less than two (2) members from this team, with an equal number of representatives from each side, may be formed as circumstances require.

(5) Additional personnel such as drivers, clerks, and interpreters, and such equipment as may be required by the joint Red Cross teams to perform their missions, shall be furnished by the Commander of each side to the team operating in the territory under his military control.

(6) Whenever jointly agreed upon by the representatives of both sides on any joint Red Cross team, the size of such team may be increased or decreased, subject to confirmation by the committee for Repatriation of Prisoners of War.

(c) The Commander of each side shall co-operate fully with the joint Red Cross teams in the performance of their functions, and undertakes to insure the security of the personnel of the Joint Red Cross team in the area under his military control. The Commander of each side shall provide such logistic, administrative, and communications facilities as may be required by the team operating in the territory under his military control.

(d) The joint Red Cross teams shall be dissolved upon completion of the program of repatriation of all of the prisoners of war specified in Sub-paragraph 51 (a) hereof, who insist upon repatriation.

58. (a) The Commander of each side shall furnish to the Commander of the other side as soon as practicable, but not later than ten (10) days after this Armistice Agreement becomes effective, the following information concerning prisoners of war:

(1) Complete data pertaining to the prisoners of war who escaped since the effective date of the data last exchanged.

(2) Insofar as practicable, information regarding name, nationality, rank, and other identification data, date and cause of death, and place of burial, of those prisoners of war who died while in his custody.

(b) If any prisoners of war escape or die after the effective date of the supplementary information specified above, the detaining side shall furnish to the other side, through the Committee for Repatriation of Prisoners of War, the data pertaining thereto in accordance with the provisions of Sub-paragraph 58 (a) hereof. Such data shall be furnished at ten-day intervals until the completion of the program of delivery and reception of prisoners of war.

(c) Any escaped prisoner of war who returns to the custody of the detaining side after the completion of the program of delivery and reception of prisoners of war shall be delivered to the Military Armistice Commission for disposition.

59. (a) All civilians who, at the time this Armistice Agreement become effective, are in territory under the military control of the Commander-in-Chief, United Nations Command, and who, on 24 June 1950, resided north of the Military Demarcation Line established in this Armistice Agreement shall, if they desire to return home, be permitted and assisted by the Commander-in-Chief, United Nations Command, to return to the area north of the military Demarcation Line; and all civilians who, at the time this Armistice Agreement becomes effective, are in territory under the military control of the Supreme Commander of the Korean People’s Army and the Commander of the Chinese People’s Volunteers, and who on 24 June 1950, resided south of the Military Demarcation Line established in this Armistice Agreement shall, if they desire to return home, be permitted and assisted by the Supreme Commander of the Korean People’s Army and the Commander of the Chinese People’s Volunteers to return to the area south Military Demarcation Line. The Commander of each side shall be responsible for publicizing widely throughout the territory under his military control the contents of the provisions of this Sub-paragraph, and for calling upon the appropriate civil authorities to give necessary guidance and assistance to all such civilians who desire to return home.

(b) All civilians of foreign nationality who, at the time this Armistice Agreement becomes effective, are in territory under the military control of the Supreme Commander of the Korean People’s Army and the Commander of the Chinese People’s Volunteers shall if they desire to proceed to territory under the military control of the Commander-in-Chief, United Nations command, be permitted and assisted to do so; all civilians of foreign nationality who, at the time this Armistice Agreement becomes effective, are in territory under the military control of the Commander-in-Chief, United Nations Command, shall, if they desire to proceed to territory under the military Control of the Supreme Commander of the Korean People’s Army and the Commander of the Chinese People’s Volunteers, be permitted and assisted to do so. The Commander of each side shall be responsible for publicizing widely throughout the territory under his military control of contents of the provisions of this sub-paragraph, and for calling upon the appropriate civil authorities to give necessary guidance and assistance to all such civilians of foreign nationality who desire to proceed to territory under the military control of the Commander of the other side.

(c) Measures to assist in the return of civilians provided for in Sub-paragraph 59 (a) hereof and the movement of civilians provided for in Sub-paragraph 59 (b) hereof shall be commenced by both sides as soon as possible after this Armistice Agreement becomes effective.

(d) (1) A Committee for Assisting the Return of Displaced Civilians is hereby established. It shall be composed of four (4) officers of field grade, two (2) of whom shall be appointed jointly by the Commander-in-Chief, United Nations Command, and two (2) of whom shall be appointed jointly by the Supreme Commander of the Korean People’s Army and the Commander of the Chinese People’s Volunteers. This committee shall, under the general supervision and direction of the Military Armistice Commission, be responsible for coordinating the specific plans of both sides for assistance to the return of the above-mentioned civilians. It shall be the duty of this Committee to make necessary arrangements, including those of transportation, for expediting and coordinating the movement of the above-mentioned civilians; to select the crossing point(s) through which the above-mentioned civilians will cross the Military Demarcation Line; to arrange for security at the crossing point(s); and to carry out such other functions as are required to accomplish the return of the above-mentioned civilians.

(2) When unable to reach agreement on any matter relating to its responsibilities, the Committee for Assisting the return of Displaced Civilians shall immediately refer such matter to the Military Armistice Commission for decision. The Committee for assisting the Return of Displaced Civilians shall maintain its headquarters in proximity to the headquarters of the Military Armistice Commission.

(3) The Committee for Assisting the Return of Displaced Civilians shall be dissolved by the Military Armistice Commission upon fulfillment of its mission.

Annex II

The list of cases of Korean War civilian abductees transmitted to the DPRK government by the Working Group on Enforced or Involuntary Disappearances

	Name (Korean)	Name (English)	Case No.	Session	UN Document Symbols.
1	이성환	Seong-hwan Lee	10003475	99th (11-15 Mar 2013)	A/HRC/WGEID/99/1 (10 Jun 2013) para 40
2	김희련	Kim Hee-yeon	10003881	102nd (3–7 Feb 2014)	A/HRC/WGEID/102/1 (7 May 2014) para 51
3	손해경	Son Hae-kyeong	10003884	102nd (3–7 Feb 2014)	A/HRC/WGEID/102/1 (7 May 2014) para 54
4	계병렬	Gye Byeong-yeol	10004192	103rd (7–16 May 2014)	A/HRC/WGEID/103/1 (25 Jul 2014) para 61
5	계윤찬	Gye Youn-chan	10004193	103rd (7–16 May 2014)	A/HRC/WGEID/103/1 (25 Jul 2014) para 62
6	홍범표	Hong Beom-pyo	10004194	103rd (7–16 May 2014)	A/HRC/WGEID/103/1 (25 Jul 2014) para 63
7	김하준	Kim Ha-jun	10004195	103rd (7–16 May 2014)	A/HRC/WGEID/103/1 (25 July 2014) para 64
8	최홍식	Choi, Hong-Sik	10005984	108th (8-12 Feb 2016)	A/HRC/WGEID/108/1 (15 Apr 2016) para 38 (i)
9	최준	Choi, Jun	10005985	108th (8-12 Feb 2016)	A/HRC/WGEID/108/1 (15 Apr 2016) para 38 (j)
10	홍남석	Nam-seok Hong	10006227	109th (9-18 May 2016)	A/HRC/WGEID/109/1 (22 Jul 2016) para 23 (b)
11	정연철	Yeon-cheol Jeong	10006228	109th (9-18 May 2016)	A/HRC/WGEID/109/1 (22 Jul 2016) para 23 (c)
12	김근호	Geun-ho Kim	10006229	109th (9-18 May 2016)	A/HRC/WGEID/109/1 (22 Jul 2016) para 23 (d)
13	김경도	Gyeong-do Kim	10006230	109th (9-18 May 2016)	A/HRC/WGEID/109/1 (22 Jul 2016) para 23 (e)
14	전봉빈	Pong-pin Chon	10006260	109th (9-18 May 2016)	A/HRC/WGEID/109/1 (22 Jul 2016) para 23 (i)
15	하격홍	Gyeok-hong Ha	10006263	109th (9-18 May 2016)	A/HRC/WGEID/109/1 (22 Jul 2016) para 23 (j)
16	백범기	Baek Beom-gi	10007400	112th (8-17 May 2017)	A/HRC/WGEID/112/1 (25 July 2017) Annex II para 1 (a)
17	김경희	Kim Gyeong-hee	10007401	112th (8-17 May 2017)	A/HRC/WGEID/112/1 (25 July 2017) Annex II para 1 (b)
18	김재봉	Kim Jae-bong	10007402	112th (8-17 May 2017)	A/HRC/WGEID/112/1 (25 July 2017) Annex II para 1 (c)
19	김정대	Kim Jeong-Dae	10007403	112th (8-17 May 2017)	A/HRC/WGEID/112/1 (25 July 2017) Annex II para 1 (d)
20	김주현	Kim Ju-hyeon	10007404	112th (8-17 May 2017)	A/HRC/WGEID/112/1 (25 July 2017) Annex II para 1 (e)
21	김기정	Kim Ki-Jeong	10007405	112th (8-17 May 2017)	A/HRC/WGEID/112/1 (25 July 2017) Annex II para 1 (f)
22	김명혁	Kim Myeong-hyeok	10007406	112th (8-17 May 2017)	A/HRC/WGEID/112/1 (25 July 2017) Annex II para 1 (g)
23	김유연	Kim Yu-Yon	10007407	112th (8-17 May 2017)	A/HRC/WGEID/112/1 (25 July 2017) Annex II para 1 (h)
24	김우종	Kim Wu-jong	10007408	112th (8-17 May 2017)	A/HRC/WGEID/112/1 (25 July 2017) Annex II para 1 (i)
25	김우순	Kim Wu-soon	10007409	112th (8-17 May 2017)	A/HRC/WGEID/112/1 (25 July 2017) Annex II para 1 (j)
26	권태술	Kwon Tae-sul	10007410	112th (8-17 May 2017)	A/HRC/WGEID/112/1 (25 July 2017) Annex II para 1 (k)
27	이재관	Lee Jae-Gwan	10007411	112th (8-17 May 2017)	A/HRC/WGEID/112/1 (25 July 2017) Annex II para 1 (l)
28	이봉우	Lee Bong-woo	10007413	112th (8-17 May 2017)	A/HRC/WGEID/112/1 (25 July 2017) Annex II para 1 (m)
29	이채덕	Lee Chae-deok	10007414	112th (8-17 May 2017)	A/HRC/WGEID/112/1 (25 July 2017) Annex II para 1 (n)
30	이길용	Lee Gil-yong	10007415	112th (8-17 May 2017)	A/HRC/WGEID/112/1 (25 July 2017) Annex II para 1 (o)
31	오헌식	Oh Heon-sik	10007416	112th (8-17 May 2017)	A/HRC/WGEID/112/1 (25 July 2017) Annex II para 1 (p)
32	서병호	Seo Byeong-ho	10007417	112th (8-17 May 2017)	A/HRC/WGEID/112/1 (25 July 2017) Annex II para 1 (q)
33	윤태경	Yun Tae Kyong	10007418	112th (8-17 May 2017)	A/HRC/WGEID/112/1 (25 July 2017) Annex II para 1 (r)
34	서승근	So Sung-kun	10007459	113th (11-15 Sep 2017)	A/HRC/WGEID/113/1 (24 Nov 2017) Annex II para 1 (a)
35	이형호	Lee Hyung-ho	10007665	113th (11-15 Sep 2017)	A/HRC/WGEID/113/1 (24 Nov 2017) Annex II para 1 (b)
36	홍만식	Hong Man-sik	10007733	113th (11-15 Sep 2017)	A/HRC/WGEID/113/1 (24 Nov 2017) Annex II para 1 (c)
37	안종복	Ahn Jongbok	10007740	113th (11-15 Sep 2017)	A/HRC/WGEID/113/1 (24 Nov 2017) Annex II para 1 (j)
38	권두한	Known Doo-han	10007741	113th (11-15 Sep 2017)	A/HRC/WGEID/113/1 (24 Nov 2017) Annex II para 1 (k)
39	최휘	Choi Hwi	10007742	113th (11-15 Sep 2017)	A/HRC/WGEID/113/1 (24 Nov 2017) Annex II para 1 (l)
40	최진	Choi Jin	10007743	113th (11-15 Sep 2017)	A/HRC/WGEID/113/1 (24 Nov 2017) Annex II para 1 (m)
41	나성규	Na Sung-yu	10007744	113th (11-15 Sep 2017)	A/HRC/WGEID/113/1 (24 Nov 2017) Annex II para 1 (n)
42	민효식	Min Hyo-sik	10007747	113th (11-15 Sep 2017)	A/HRC/WGEID/113/1 (24 Nov 2017) Annex II para 1 (q)
43	임원택	Lim Won-taek	10007748	113th (11-15 Sep 2017)	A/HRC/WGEID/113/1 (24 Nov 2017) Annex II para 1 (r)
44	김길원	Kim Gil-won	10007749	113th (11-15 Sep 2017)	A/HRC/WGEID/113/1 (24 Nov 2017) Annex II para 1 (s)
45	이종각	Lee Jong-gak	10007750	113th (11-15 Sep 2017)	A/HRC/WGEID/113/1 (24 Nov 2017) Annex II para 1 (t)
46	김노성	Kim Nosung	10007751	113th (11-15 Sep 2017)	A/HRC/WGEID/113/1 (24 Nov 2017) Annex II para 1 (u)
47	김용진	Kim Yong-jin	10007752	113th (11-15 Sep 2017)	A/HRC/WGEID/113/1 (24 Nov 2017) Annex II para 1 (v)
48	권해룡	Kwong Hae-yong	10007753	113th (11-15 Sep 2017)	A/HRC/WGEID/113/1 (24 Nov 2017) Annex II para 1 (w)
49	이동식	Lee Dong-sik	10007754	113th (11-15 Sep 2017)	A/HRC/WGEID/113/1 (24 Nov 2017) Annex II para 1 (x)
50	이각의	Lee Kag-ui	10007755	113th (11-15 Sep 2017)	A/HRC/WGEID/113/1 (24 Nov 2017) Annex II para 1 (y)
51	안호철	An Ho-cheol	10007756	113th (11-15 Sep 2017)	A/HRC/WGEID/113/1 (24 Nov 2017) Annex II para 1 (z)
52	이종령	Jong-ryong Lee	10007782	114th (5–9 Feb 2018)	A/HRC/WGEID/114/1 (3 May 2018) para 37 (a)
53	이낙교	Nak-gyo Lee	10007783	114th (5–9 Feb 2018)	A/HRC/WGEID/114/1 (3 May 2018) para 37 (b)
54	이홍규	Hong-gyu Lee	10007784	114th (5–9 Feb 2018)	A/HRC/WGEID/114/1 (3 May 2018) para 37 (c)
55	이승규	Seung-gyu Lee	10007785	114th (5–9 Feb 2018)	A/HRC/WGEID/114/1 (3 May 2018) para 37 (d)
56	김주현	Juhyeon Kim	10008194	115th (23 Apr–2 May 2018)	A/HRC/WGEID/115/1 (16 August 2018) para 30 (b)
57	김낙영	Nak-Young Kim	10008195	115th (23 Apr–2 May 2018)	A/HRC/WGEID/115/1 (16 August 2018) para 30 (c)
58	안봉열	Bong-yeol Ahn	10008210	115th (23 Apr–2 May 2018)	A/HRC/WGEID/115/1 (16 August 2018) para 30 (e)
59	김기창	Ki-chang Kim	10008211	115th (23 Apr–2 May 2018)	A/HRC/WGEID/115/1 (16 August 2018) para 30 (f)
60	김기명	Ki-myung Kim	10008212	115th (23 Apr–2 May 2018)	A/HRC/WGEID/115/1 (16 August 2018) para 30 (g)
61	김진형	Jinhyeong Kim	10008238	115th (23 Apr–2 May 2018)	A/HRC/WGEID/115/1 (16 August 2018) para 30 (h)
62	최희태	Heetae Choi	10008242	115th (23 Apr–2 May 2018)	A/HRC/WGEID/115/1 (16 August 2018) para 30 (i)
63	강연수	Yeonsu Gang	10008243	115th (23 Apr–2 May 2018)	A/HRC/WGEID/115/1 (16 August 2018) para 30 (j)
64	권정용	Jeong-yong Gwon	10008244	115th (23 Apr–2 May 2018)	A/HRC/WGEID/115/1 (16 August 2018) para 30 (k)
65	김병수	Byung-soo Kim	10008245	115th (23 Apr–2 May 2018)	A/HRC/WGEID/115/1 (16 August 2018) para 30 (l)
66	김창원	Chang-won Kim	10008246	115th (23 Apr–2 May 2018)	A/HRC/WGEID/115/1 (16 August 2018) para 30 (m)
67	김대영	Dae-young Kim	10008247	115th (23 Apr–2 May 2018)	A/HRC/WGEID/115/1 (16 August 2018) para 30 (n)
68	김해세	Haese Kim	10008248	115th (23 Apr–2 May 2018)	A/HRC/WGEID/115/1 (16 August 2018) para 30 (o)
69	김장열	Jang-yeol Kim	10008249	115th (23 Apr–2 May 2018)	A/HRC/WGEID/115/1 (16 August 2018) para 30 (p)
70	차명상	Myeong-sang Cha	10008250	115th (23 Apr–2 May 2018)	A/HRC/WGEID/115/1 (16 August 2018) para 30 (q)
71	구엽	Yeop Gu	10008264	115th (23 Apr–2 May 2018)	A/HRC/WGEID/115/1 (16 August 2018) para 30 (s)
72	강희석	Hee-suk Kang	10008265	115th (23 Apr–2 May 2018)	A/HRC/WGEID/115/1 (16 August 2018) para 30 (t)
73	김현구	Hyeongu Kim	10008266	115th (23 Apr–2 May 2018)	A/HRC/WGEID/115/1 (16 August 2018) para 30 (u)
74	김상익	Sang-ik Kim	10008267	115th (23 Apr–2 May 2018)	A/HRC/WGEID/115/1 (16 August 2018) para 30 (v)
75	김상용	Sang-yong Kim	10008268	115th (23 Apr–2 May 2018)	A/HRC/WGEID/115/1 (16 August 2018) para 30 (w)
76	안종모	Jong-mo An	10008410	116th session (10–14 September 2018)	A/HRC/WGEID/116/1 (26 November 2018) para. 49 (a)
77	김대영	Dae-young Kim	10008247	116th session (10–14 September 2018)	A/HRC/WGEID/116/1 (26 November 2018) para. 49 (b)
78	이덕영	Deok-yeong Lee	10008488	116th session (10–14 September 2018)	A/HRC/WGEID/116/1 (26 November 2018) para. 49 (c)
79	이기설	Gi-seol Lee	10008489	116th session (10–14 September 2018)	A/HRC/WGEID/116/1 (26 November 2018) para. 49 (d)
80	이정근	Jeong-geun Lee	10008490	116th session (10–14 September 2018)	A/HRC/WGEID/116/1 (26 November 2018) para. 49 (e)
81	이근용	Geun-yong Lee	10008491	116th session (10–14 September 2018)	A/HRC/WGEID/116/1 (26 November 2018) para. 49 (f)
82	이규호	Gyu-ho Lee	10008492	116th session (10–14 September 2018)	A/HRC/WGEID/116/1 (26 November 2018) para. 49 (g)
83	이만교	Man-gyo Lee	10008495	116th session (10–14 September 2018)	A/HRC/WGEID/116/1 (26 November 2018) para. 49 (i)
84	유해문	Hae-mun Yu	10008496	116th session (10–14 September 2018)	A/HRC/WGEID/116/1 (26 November 2018) para. 49 (j)
85	최시철	Si-cheol Choi	10008497	116th session (10–14 September 2018)	A/HRC/WGEID/116/1 (26 November 2018) para. 49 (k)
86	김태봉	Taebong Kim	10008562	117th session (11–15 February 2019)	A/HRC/WGEID/117/1 (20 May 2019) para. 38 (a)
87	박용출	Youngchuk Park	10008410	117th session (11–15 February 2019)	A/HRC/WGEID/117/1 (20 May 2019) para. 38 (b)
88	윤인원	Inwon Yoon	10008567	117th session (11–15 February 2019)	A/HRC/WGEID/117/1 (20 May 2019) para. 38 (c)
89	이종식	Jong-sik Lee	10008652	117th session (11–15 February 2019)	A/HRC/WGEID/117/1 (20 May 2019) para. 38 (g)
90	김순건	Soon-geon Kim	10008819	117th session (11–15 February 2019)	A/HRC/WGEID/117/1 (20 May 2019) para. 38 (h)
91	안찬수	Chansoo Ahn	10008995	118th session (13–22 May 2019)	A/HRC/WGEID/118/1 (30 July 2019) para. 43 (d)
92	양치헌	Chi-heon Yang	10010009	119th session (16–20 September 2019)	A/HRC/WGEID/119/1 (2 December 2019) pp. 30-31, para. 1 (g)
93	이규설	Gyu-seol Lee	10010010	119th session (16–20 September 2019)	A/HRC/WGEID/119/1 (2 December 2019) pp. 30-31, para. 1 (h)
94	이희용	Hee-yong Lee	10010011	119th session (16–20 September 2019)	A/HRC/WGEID/119/1 (2 December 2019) pp. 30-31, para. 1 (i)
95	오용규	Yong-Gyu Oh	10010012	119th session (16–20 September 2019)	A/HRC/WGEID/119/1 (2 December 2019) pp. 30-31, para. 1 (j)
96	최정연	Jeong-yeon Choi	10010013	119th session (16–20 September 2019)	A/HRC/WGEID/119/1 (2 December 2019) pp. 30-31, para. 1 (k)
97	남은혜	Eunhye Nam	10010014	119th session (16–20 September 2019)	A/HRC/WGEID/119/1 (2 December 2019) pp. 30-31, para. 1 (l)
98	남금주	Geumju Nam	10010015	119th session (16–20 September 2019)	A/HRC/WGEID/119/1 (2 December 2019) pp. 30-31, para. 1 (m)
99	신자범	Jabeom Shin	10010016	119th session (16–20 September 2019)	A/HRC/WGEID/119/1 (2 December 2019) pp. 30-31, para. 1 (n)
100	박장서	Jangseo Park	10010017	119th session (16–20 September 2019)	A/HRC/WGEID/119/1 (2 December 2019) pp. 30-31, para. 1 (o)
101	신진휴	Jinhyu Shin	10010018	119th session (16–20 September 2019)	A/HRC/WGEID/119/1 (2 December 2019) pp. 30-31, para. 1 (p)
102	하진문	Jinmoon Ha	10010019	119th session (16–20 September 2019)	A/HRC/WGEID/119/1 (2 December 2019) pp. 30-31, para. 1 (q)
103	하진용	Jinyong Ha	10010020	119th session (16–20 September 2019)	A/HRC/WGEID/119/1 (2 December 2019) pp. 30-31, para. 1 (r)
104	이채홍	Chae-hong Lee	10010021	119th session (16–20 September 2019)	A/HRC/WGEID/119/1 (2 December 2019) pp. 30-31, para. 1 (s)
105	이철주	Chul-joo Lee	10010022	119th session (16–20 September 2019)	A/HRC/WGEID/119/1 (2 December 2019) pp. 30-31, para. 1 (t)
106	이학배	Hak-bae Lee	10010023	119th session (16–20 September 2019)	A/HRC/WGEID/119/1 (2 December 2019) pp. 30-31, para. 1 (u)
107	이화실	Hwa-sil Lee	10010024	119th session (16–20 September 2019)	A/HRC/WGEID/119/1 (2 December 2019) pp. 30-31, para. 1 (v)
108	이인범	In-bum Lee	10010025	119th session (16–20 September 2019)	A/HRC/WGEID/119/1 (2 December 2019) pp. 30-31, para. 1 (w)
109	이재춘	Jae-choon Lee (female)	10010026	119th session (16–20 September 2019)	A/HRC/WGEID/119/1 (2 December 2019) pp. 30-31, para. 1 (x)
110	이재춘	Jae-choon Lee (male)	10010027	119th session (16–20 September 2019)	A/HRC/WGEID/119/1 (2 December 2019) pp. 30-31, para. 1 (y)
111	이해옥	Hae-ok Lee	10010028	119th session (16–20 September 2019)	A/HRC/WGEID/119/1 (2 December 2019) pp. 30-31, para. 1 (z)
112	이연달	Yeun-dal Lee	10010076	119th session (16–20 September 2019)	A/HRC/WGEID/119/1 (2 December 2019) pp. 30-31, para. 1 (aa)
113	이연식	Yeun-shik Lee	10010077	119th session (16–20 September 2019)	A/HRC/WGEID/119/1 (2 December 2019) pp. 30-31, para. 1 (bb)
114	이영도	Young-do Lee	10010078	119th session (16–20 September 2019)	A/HRC/WGEID/119/1 (2 December 2019) pp. 30-31, para. 1 (cc)
115	최무성	Mooseong Choi	10010079	119th session (16–20 September 2019)	A/HRC/WGEID/119/1 (2 December 2019) pp. 30-31, para. 1 (dd)
116	노한섭	Han-seob Noh	10010080	119th session (16–20 September 2019)	A/HRC/WGEID/119/1 (2 December 2019) pp. 30-31, para. 1 (ee)
117	오평기	Pyeong-ki Oh	10010081	119th session (16–20 September 2019)	A/HRC/WGEID/119/1 (2 December 2019) pp. 30-31, para. 1 (ff)
118	허영훈	Yeonghoon Huh	10010082	119th session (16–20 September 2019)	A/HRC/WGEID/119/1 (2 December 2019) pp. 30-31, para. 1 (gg)
119	김점석	Kim Jeom-Seok		129th session (6–10 February 2023)	A/HRC/WGEID/129/1 (1 May 2023) pp. 6-7, para. 28(a)
120	구의회	Gu Ui Hwe		130th session (8–12 May 2023)	A/HRC/WGEID/130/1 (21 July 2023) pp. 5-6, para. 28(a)
121	강희석	Kang Hee-suk		130th session (8–12 May 2023)	A/HRC/WGEID/130/1 (21 July 2023) pp. 5-6, para. 28(c)
122	김병인	Kim Byung-in		130th session (8–12 May 2023)	A/HRC/WGEID/130/1 (21 July 2023) pp. 5-6, para. 28(d)
123	김규흥	Kim Kyu-heung		130th session (8–12 May 2023)	A/HRC/WGEID/130/1 (21 July 2023) pp. 5-6, para. 28(e)
124	김주현	Kim Juhyeon		130th session (8–12 May 2023)	A/HRC/WGEID/130/1 (21 July 2023) pp. 5-6, para. 28(f)
125	김옥진	Kim Ok-jin		130th session (8–12 May 2023)	A/HRC/WGEID/130/1 (21 July 2023) pp. 5-6, para. 28(g)
126	김순건	Kim Soon-Geon		130th session (8–12 May 2023)	A/HRC/WGEID/130/1 (21 July 2023) pp. 5-6, para. 28(h)
127	김성국	Kim Song-guk		130th session (8–12 May 2023)	A/HRC/WGEID/130/1 (21 July 2023) pp. 5-6, para. 28(i)
128	김태봉	Kim Taebong		130th session (8–12 May 2023)	A/HRC/WGEID/130/1 (21 July 2023) pp. 5-6, para. 28(j)
129	김태순	Kim Tae-sun		130th session (8–12 May 2023)	A/HRC/WGEID/130/1 (21 July 2023) pp. 5-6, para. 28(k)
130	김용찬	Kim Yong-chan		130th session (8–12 May 2023)	A/HRC/WGEID/130/1 (21 July 2023) pp. 5-6, para. 28(l)
131	김용득	Kim Yongdeuk		130th session (8–12 May 2023)	A/HRC/WGEID/130/1 (21 July 2023) pp. 5-6, para. 28(m)
132	김용무	Kim Young-moo		130th session (8–12 May 2023)	A/HRC/WGEID/130/1 (21 July 2023) pp. 5-6, para. 28(n)
133	김연태	Kim Yeon-tae		130th session (8–12 May 2023)	A/HRC/WGEID/130/1 (21 July 2023) pp. 5-6, para. 28(o)
134	김영욱	Kim Young-wook		130th session (8–12 May 2023)	A/HRC/WGEID/130/1 (21 July 2023) pp. 5-6, para. 28(p)
135	이병덕	Lee Byeong-Deok		130th session (8–12 May 2023)	A/HRC/WGEID/130/1 (21 July 2023) pp. 5-6, para. 28(q)
136	이봉규	Lee Bong-Gyu		130th session (8–12 May 2023)	A/HRC/WGEID/130/1 (21 July 2023) pp. 5-6, para. 28(r)
137	이주신	Lee Ju-shin		130th session (8–12 May 2023)	A/HRC/WGEID/130/1 (21 July 2023) pp. 5-6, para. 28(s)
138	박찬문	Park Chanmun		130th session (8–12 May 2023)	A/HRC/WGEID/130/1 (21 July 2023) pp. 5-6, para. 28(t)
139	박용출	Park Yongchul		130th session (8–12 May 2023)	A/HRC/WGEID/130/1 (21 July 2023) pp. 5-6, para. 28(u)
140	민경학	Min Gyeonghak		130th session (8–12 May 2023)	A/HRC/WGEID/130/1 (21 July 2023) pp. 5-6, para. 28(v)

A request for other letter (OL) and press release urging South Korea (ROK; Republic of Korea) to enact a government fact-finding commission for prisoners of war (POWs) taken to North Korea (DPRK; Democratic People’s Republic of Korea) and compensation for the Korean War-era civilian massacre victims on the 75^th anniversary of the outbreak of the Korean War

In 2010, the Act on Finding the Truth of the Damage from North Korea’s Abduction during the Korean War and Restoring Honor of the Victims¹ (6ㆍ25전쟁 납북피해 진상규명 및 납북피해자 명예회복에 관한 법률²) was enacted. In accordance with this act, a prime minister’s commission created to study the wartime abductions and conduct investigations of the cases reported by the surviving family members. In 2017, the commission published its final report.

However, the government never created a fact-finding commission for the unrepatriated prisoners of war (POWs). Unlike the civilian abductees, whose disappearances were known to their family members, most of the families of the POWs were told that they had simply died in combat. Because the South Korean government and military had been established less than two years before the outbreak of the Korean War, the record-keeping and reporting system was poor. South Korea’s military commanders at the time, many of whom were formerly officers in the Imperial Japanese Army during the colonial and World War II period, also tended to view the POWs as those who dishonorably surrendered to the enemy rather than fighting to the death as they were trained and expected to do.

On June 24, 2021, lawmaker Cho Tae-yong introduced a bill in the National Assembly to create a government fact-finding commission for the POWs, similar to the one created earlier for the wartime civilian abductees. However, the bill made little progress and it died with the end of the 21th National Assembly on May 29, 2024 (see Annex I).³ On January 13, 2025, lawmaker Kim Gi-hyeon re-submitted an identical bill in the National Assembly.⁴

Given the considerable administrative and budgetary implications for the creation of a POW fact-finding commission, if it is to have any chance of passage, it would need be submitted to the National Assembly as a government bill, after the details are worked out with key ministries, including the Ministry of National Defense, the Ministry of Interior and Safety and the Ministry of Finance.

The government needs to exercise its political will to make an earnest effort to create a POW fact-finding commission, as the POWs and their families who have escaped from North Korea since the 1990s have urged, to help document their cases and help clarify the disappearances the POWs.

During the Korean War and in the counter-insurgency campaign prior to the outbreak of the Korean War, both the South Korean security forces and the North Korean forces and their sympathizers massacres thousands of their real or imagined enemies.

South Korea’s Truth and Reconciliation Commission (TRC), which was in operation initially in 2005-2010, had the mandate to investigate the civilian massacres committed by the South Korean government and the North Korean side (“forces which deny the legitimacy of the Republic of Korea or are hostile to the Republic of Korea”) respectively under article 2(1)(3) and (5) of the Framework Act on Settling the Past for Truth and Reconciliation:⁵

Article 2 (Scope of Clarifying Truth) (1) The Truth and Reconciliation Commission under Article 3 shall clarify the truth regarding the following matters: <Amended on Jun. 9, 2020>

…

3. Cases of mass civilian deaths, injuries, or missing which occurred unlawfully from August 15, 1945 to the period prior to, during, and immediately after the Korean War;

…

5. Acts of terrorism, human rights abuses, violence, massacres, and suspicious deaths committed by forces which deny the legitimacy of the Republic of Korea or are hostile to the Republic of Korea from August 15, 1945 to the period of authoritarian rule;

In 2005-2010, the TRC identified 1,930 confirmed and 113 presumed victims of the massacres committed by the South Korean military and police force. The TRC also identified 166 people killed by the “hostile forces”.

The Framework Act had no provisions for the those who have been found to be the victims of civilian massacres or any other human rights violations. However, when a number of them sued the South Korean government for compensation, the Supreme Court held on January 13, 2011 (case no. 2010 Da 28833, case no. 2010 Da 35572, case no. 2010 Da 53419 and case no. 2009 Da 103950) and on January 27, 2011 (case no. 2010 Da 78852, case no. 2010 Da 6680 and case no. 2010 Da 21726) that the government cannot plead the statute of limitations defense as it was not possible for the victims to seek state compensation prior to the findings by the Truth and Reconciliation Commission (TRC). The government was ordered to pay compensation to the TRC-certified victims who had sued within three years of the TRC’s findings.

The Supreme Court went on to find that the same holds for the TRC-certified victims of the wartime massacres committed by the South Korean security forces for the Ulsan massacre of August 1950 on June 30, 2011 (case no. 2009 Da 72599) and for the Mungyeong massacre of December 24, 1949 on September 8, 2011 (case no. 2009 Da 66969).

However, the wartime massacre victims who had not applied for investigations of their cases to the Truth and Reconciliation Commission in 2005-2010 were still time-barred from brining compensation claims against the South Korean government in court. The victims of the massacres committed by the North Korean forces were also unable to seek compensation against the North Korean government. Even those recognized by the TRC to be the families of the civilians massacred by South Korean security forces had to spend considerable time and money before the Supreme Court dismissed all appeals and the state compensation was paid out.

In 2020, the National Assembly renewed the TRC’s mandate by legislative action and the TRC received investigation requests from the alleged victims for two years from December 20, 2020 to December 9, 2022. Because of the expectation that the TRC’s findings could allow the victims to successfully sue for state compensation, the number of applications for investigations increased.

A total of 9,998 and 3,986 cases alleging massacres committed by the South Korean and North Korean sides respectively were filed during the 2-year submission period. By the end of December 2024, the TRC has recognized 4,086 cases involving 4,293 victims for South Korea’s massacres and 2,849 cases involving 3,755 victims for North Korea’s massacres.

While the families of those recognized as victims of massacres committed by the South Korean government can sue it for compensation, it is not easy for them to hire a lawyer and wage a protracted lawsuit given their advanced age and often indigent conditions. In the case of the massacres committed by the North Korean government, there is little prospect of any compensation from it.

It is for this reason that a number of bills, including the one proposed by lawmaker Kim Yong-pan,⁶ have been sponsored in the National Assembly to provide compensation to those recognized by the TRC as victims of both South Korean and North Korean massacres (see Annex II). The TRC also recommendation a legislative action to provide compensation to the victims of both sides.⁷

There is already a precedent of providing compensation to the victims of the massacres committed the South Korean security forces in Jeju Island during the counter-insurgency campaign in 1948-1954. The Special Act on Discovering the Truth on the Jeju April 3 Incident and the Restoration of Honor of Victims, which was revised in 2022 to this end, stipulates compensation of 90 million won (65,000 USD) for each dead victim.⁸

Article 16 (Monetary Compensation) (1) With respect to a person determined as a victim, the State shall pay monetary compensation in the amount classified as follows, taking into account the lost profits of the victim, long-term delay of monetary compensation, damages for emotional distress, etc., calculated based on statistical data close to the time when the incident occurred:

1. A person determined as a deceased or missing victim: 90 million won;

2. A person determined as a victim suffering from the aftereffects: An amount determined by the Committee within the limit of 90 million won, taking into account the disability grade and labor loss rate prescribed by Presidential Decree;

3. A person determined as a sentenced inmate victim: An amount specified in each of the following items: Provided, That in cases falling under all of the following items, the greater of the amounts shall be paid and in cases where he or she died or went missing while in prison, the amount specified in subparagraph 1 shall be paid:

(a) In cases of imprisonment or custody: An amount determined by the Committee, not exceeding the daily maximum criminal monetary compensation in the year of determination of payment multiplied by the number of days of imprisonment or custody as well as damages for emotional distress: Provided, That such monetary compensation shall not exceed the amount under subparagraph 1;

(b) Where sentenced to a suspended sentence of imprisonment without labor or a heavier punishment or to a fine: An amount determined by the Committee, not exceeding 50/100 of the amount under subparagraph 1.

However, the government, in particular the Ministry of Finance which manages the budget, has been opposed to providing compensation to the TRC-recognized victims of massacres on the grounds that it would be too great a financial burden even thought they are expected to be forced to make these payments once the victims file lawsuits. Because of the government’s opposition, the bills made little progress and died with the end of the 21th National Assembly on May 29, 2024.

In the interest of justice, equity and human rights, the South Korean government should reconsider its opposition to the compensation bill and instead support its passage to allow speedy compensation to all victims of the wartime massacres.

Annex I

The Act on Finding the Truth of the Republic of Korean War Prisoners of War and Restoring Their Honor

6·25전쟁 국군포로의 진상규명 및 명예회복에 관한 법률안

Article 1 (Purpose)

The purpose of this Act is to ascertain the damages to the Republic of Korea Armed Forces (ROKAF) prisoners of war that occurred during the Korean War and to restore their honor, thereby contributing to the recovery of their human rights and national unity.

제1조(목적) 이 법은 6·25전쟁 중 발생한 국군포로의 피해를 규명하고, 이들의 명예회복을 통하여 인권회복과 국민화합에 이바지함을 목적으로 한다.

Article 2 (Definitions)

The terms used in this Act are defined as follows:

1. The term “Korean War ROKAF prisoner of war” means a soldier of the Republic of Korea who was captured during the Korean War (referring to the period from June 25, 1950, to July 27, 1953, when the military armistice agreement was concluded) and is currently detained by a hostile country (including an anti-state organization) or escaped from the place of detention but has not returned to the Republic of Korea;

2. The term “family of a Korean War ROKAF prisoner of war” means the spouse, lineal descendants, or ascendants, and siblings of a ROFKAF prisoner of war.

제2조(정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.

1. “6·25전쟁 국군포로”란 대한민국 군인으로서 6·25전쟁 중(1950년 6월 25일부터 1953년 7월 27일 군사정전에 관한 협정 체결 전까지를 말한다) 적국(반국가단체를 포함한다)에 의하여 억류 중인 사람 또는 억류지를 벗어난 사람으로서 대한민국으로 귀환하지 아니한 사람을 말한다.

2. “6·25전쟁 국군포로가족”이란 6·25전쟁 국군포로의 배우자, 직계 존속·비속 및 형제자매를 말한다.

Article 3 (Responsibilities of State)

The State shall formulate and implement policies to confirm whether the ROKAF prisoners of war are alive or dead and to restore the honor of the Korean War ROKAF prisoners of war.

제3조(국가의 책무) 국가는 6·25전쟁 국군포로의 생사 확인 및 명예회복을 위한 정책을 수립·시행하여야 한다.

Article 4 (Committee to Find Truth of Damage from Korean War ROKAF Prisoner of War and Recover Honor of Victims)

(1) In order to ascertain the truth of the Korean War ROKAF prisoner of war and to deliberate and decide upon matters relating to the truth-finding and honor restoration of Korean War ROKAF prisoners of war (hereinafter referred to as “prisoners of war“ ) and families of Korean War ROKAF prisoners of war (hereinafter referred to as “families of prisoners of war”) under this Act, a Committee to Find the Truth of the Damage to Prisoners of War and Recover Honor of the Victims (hereinafter referred to as the “Committee”), shall be established under the jurisdiction of the President.

(2) The Committee shall deliberate and decide upon the following matters:

1. Fact-finding in relation to Korean War ROKAF prisoners of war;

2. Collecting and analyzing the relevant data in Korea and abroad to conduct an investigation on prisoners of war;

3. Examining and identifying prisoners of war and families of prisoners of war;

4. Restoring honor of prisoners of war and families of prisoners of war;

5. Preparing a fact-finding report and a list of prisoners of war’ names;

6. Opinions the confirmation of the life or death of prisoners of war;

7. Any other matters prescribed by Presidential Decree to find the truth and recover the honor of prisoners of war and families of prisoners of war.

(3) The Committee shall be comprised of not more than 15 members, including one Chairperson; the Prime Minister shall serve as the Chairperson, and members of the Committee shall be appointed or commissioned by the Prime Minister from among the Minister of National Defense, the Minister of Unification, the Minister of Foreign Affairs, the Minister of Patriots and Veterans Affairs, the heads of relevant central administrative agencies, representatives of families of prisoners of war, and persons with extensive knowledge about and experience in relevant fields, as prescribed by Presidential Decree.

제4조(6·25전쟁국군포로진상규명및명예회복위원회) ① 6·25전쟁 국군포로의 진상을 규명하고 이 법에 따른 6·25전쟁 국군포로(이하 “국군포로”라 한다) 및 6·25전쟁 국군포로가족(이하 “국군포로가족”이

라 한다)의 진상규명 및 명예회복에 관한 사항을 심의·의결하기 위하여 대통령 소속으로 6·25전쟁국군포로진상규명및명예회복위원회(이하 “위원회”라 한다)를 둔다.

② 위원회는 다음 각 호의 사항을 심의·의결한다.

1. 6·25전쟁 국군포로 진상조사에 관한 사항

2. 국군포로 조사를 위한 국내외 관련 자료의 수집 및 분석에 관한사항

3. 국군포로 및 국군포로가족의 심사·결정에 관한 사항

4. 국군포로 및 국군포로가족의 명예회복에 관한 사항

5. 진상조사보고서 및 명부 작성에 관한 사항

6. 국군포로의 생사 확인 및 송환에 관한 사항

7. 그 밖에 진상규명과 명예회복을 위하여 대통령령으로 정하는 사항

③ 위원회는 위원장 1명을 포함한 15명 이내의 위원으로 구성하되, 위원장은 국무총리가 되고, 위원은 국방부장관·통일부장관·외교부장관·국가보훈처장과 관계 중앙행정기관의 장, 국군포로가족 대표 및 관련 분야에 학식과 경험이 풍부한 사람 중에서 대통령령으로 정하는 바에 따라 국무총리가 임명 또는 위촉한다.

④ 위원회의 조직 및 운영에 필요한 사항은 대통령령으로 정한다.

Article 5 (Establishment of Secretariat)

(1) A secretariat shall be established in the Committee to conduct affairs of the Committee.

(2) Matters concerning the composition and regular staff of the secretariat shall be prescribed by Presidential Decree.

제5조(사무국의 설치) ① 위원회의 사무를 처리하기 위하여 위원회에 사무국을 둔다.

② 사무국의 구성 및 정원에 관한 사항은 대통령령으로 정한다.

Article 6 (Prohibition on Divulgence)

No current or former member of the Committee or a working committee shall divulge any confidential information which becomes known to him or her in the course of performing his or her duties.

제6조(비밀누설의 금지) 위원회의 위원이나 그 직에 있었던 사람은 업무상 알게 된 비밀을 누설하여서는 아니 된다.

Article 7 (Prohibition of Disadvantageous Treatment)

(1) Any person may testify freely in connection with prisoners of war.

(2) No person shall be treated disadvantageously or unfairly on the grounds of testimony given in accordance with paragraph (1).

제7조(불이익 처우금지) ① 누구든지 국군포로에 관하여 자유롭게 증언할 수 있다.

② 누구든지 제1항에 따른 증언을 이유로 어떠한 불이익이나 부당한 처우를 받지 아니한다.

Article 8 (Collection and Analysis of Data Relating to Prisoners of War)

(1) The Committee shall complete collection and analysis of data relating to prisoners of war, within four years from the date the Committee is organized.

(2) Where it is impracticable to complete investigation within the period specified in paragraph (1), the Committee shall report to the Prime Minister on the reason for failure to complete the investigation, three months before the expiration of the period, and the period may be extended by up to one year: , That the period shall be extended only up to twice.

(3) If necessary to collect data under paragraph (1), the Committee or a working committee may request relevant administrative agencies or organizations to submit relevant data. In such cases, the relevant administrative agencies or organizations so requested shall comply with such request unless there is a compelling reason not to do so.

(4) Relevant central administrative agencies or organizations shall provide convenience necessary to discover and inspect data relating to prisoners of war.

(5) Where the data requested pursuant to paragraph (3) are kept in a foreign country, the Government shall faithfully bargain with the Government of the foreign country on such data.

제8조(국군포로 관련 자료의 수집 및 분석) ① 위원회는 구성을 마친 날부터 4년 이내에 국군포로 관련 자료의 수집 및 분석을 완료하여야 한다.

② 위원회는 제1항에서 정한 기간 이내에 조사를 완료하기 어려운 경우에는 기간 만료 3개월 전에 대통령에게 그 사유를 보고하고, 1년 이내의 범위에서 그 기간을 연장할 수 있다. 다만, 그 기간의 연장은 2회를 넘을 수 없다.

③ 위원회는 제1항의 자료 수집을 위하여 필요한 경우에는 관계 행정기관 또는 단체에 대하여 관련 자료의 제출을 요구할 수 있다. 이 경우 요구를 받은 관계 행정기관 또는 단체는 특별한 사유가 없는

한 이에 따라야 한다.

④ 관계 행정기관 또는 단체는 국군포로 관련 자료의 발굴 및 열람을 위하여 필요한 편의를 제공하여야 한다.

⑤ 정부는 제3항에 따라 제출요구를 받은 자료를 외국에서 보관하고 있는 경우에는 해당 국가의 정부와 성실히 교섭하여야 한다.

Article 9 (Preparation of Fact-Finding Report)

(1) The Committee shall prepare a fact-finding report on the damage from North Korea’s abduction during the Korean War within six months from the date the period specified in Article 8 (1) expires, and shall submit it to the President and the National Assembly and publicize it.

(2) Details to be included in the report referred to in paragraph (1) shall be prescribed by Presidential Decree.

제9조(진상조사보고서 작성) ① 위원회는 제8조제1항의 기간이 종료되는 날부터 6개월 이내에 6·25전쟁 국군포로 진상조사보고서를 작성하여 대통령과 국회에 보고하고 공표하여야 한다.

② 제1항에 따른 보고서에 포함되는 내용은 대통령령으로 정한다.

Article 10 (Memorial Projects)

In order to recover the honor of prisoners of war and families of prisoners of war, the Government shall promote memorial projects, such as activities to commemorate victims.

제10조(기념사업) 정부는 국군포로 및 국군포로가족의 명예를 회복하기 위하여 기념사업을 추진하여야 한다.

Article 11 (Establishment and Public Announcement of Report Centers)

The Committee shall establish a report center to receive reports on damage to prisoners of war and families of prisoners of war within 30 days from the enforcement date of this Act and provide public announcement thereof. In such cases, the Committee shall establish report centers in overseas diplomatic missions as well for persons who stay or reside in a foreign country.

제11조(국군포로 등의 신고처 설치 및 공고) 위원회는 이 법 시행일부터 30일 이내에 국군포로와 국군포로가족의 피해신고를 접수받기 위한 신고처를 설치하고 공고하여야 한다. 이 경우 외국에 체재하거나 거주하는 사람을 위하여 재외공관에도 신고처를 둔다.

Article 12 (Preparation of Family Relation Register)

Where a family relation register for prisoners of war is not prepared or where any entry in the family relation register is different from the facts, a family relation register may be prepared, or the entry in such family relation register may be corrected in compliance with the procedures prescribed by the Supreme Court Regulations notwithstanding the provisions of other statutes or regulations, if the preparation or correction is determined by the Committee.

제12조(가족관계등록부의 작성) 국군포로에 관한 가족관계등록부가 작성되어 있지 아니하거나 가족관계등록부에 사실과 다르게 기록된 경우 다른 법령의 규정에도 불구하고 위원회의 결정이 있는 경우 대법원규칙으로 정하는 절차에 따라 가족관계등록부를 작성하거나 기록을 정정할 수 있다.

Article 13 (Delegation and Entrustment of Duties)

(1) Where deemed necessary, the Committee may partially delegate or entrust its specific duties to relevant agencies, including local governments, or to experts, or it may perform such duties jointly with relevant agencies or experts.

(2) Matters necessary for the delegation, entrustment, etc., of the duties referred to in paragraph (1) shall be prescribed by Presidential Decree.

제13조(업무의 위임·위탁) ① 위원회는 필요하다고 인정하는 경우에는 그 업무 중 일부를 특정하여 지방자치단체 등 관계 기관 및 전문가에게 위임 또는 위탁하여 수행하게 하거나 공동으로 수행할 수 있다.

② 제1항의 업무의 위임·위탁 등에 필요한 사항은 대통령령으로 정한다.

Article 14 (Dispatch of Public Officials)

(1) Where deemed necessary to perform its duties, the Committee may request the heads of relevant agencies to dispatch public officials or staff members under their management to the Committee.

(2) In receipt of a request for dispatch of public officials, etc. under paragraph (1), the heads of the relevant agencies may dispatch public officials or staff members under their management to the Committee after consultation with the Committee.

(3) Public officials or staff members dispatched to the Committee pursuant to paragraph (2) shall perform the duties of the Committee independently of the agencies to which they belong.

(4) The heads of the relevant agencies who have dispatched public officials or staff members to the Committee pursuant to paragraph (2) shall not take unfavorable measures against the said public officials or staff members in terms of human personnel management and treatment.

제14조(공무원의 파견 등) ① 위원회는 그 업무수행을 위하여 필요하다고 인정하는 경우 관계 기관의 장에게 그 소속 공무원 또는 직원의 파견을 요청할 수 있다.

② 제1항에 따라 공무원 등의 파견을 요청받은 관계 기관의 장은 위원회와 협의하여 소속 공무원 또는 직원을 위원회에 파견할 수 있다.

③ 제2항에 따라 위원회에 파견된 공무원 또는 직원은 그 소속 기관으로부터 독립하여 위원회의 업무를 수행한다.

④ 제2항에 따라 위원회에 공무원 또는 직원을 파견한 관계 기관의 장은 위원회에 파견된 공무원 또는 직원에 대하여 인사 및 처우에서 불리한 조치를 하여서는 아니 된다.

Article 15 (Legal Fiction as Public Officials in Application of Penalty Provisions)

A person other than a public official among members of the Committee or a working committee shall be deemed a public official in applying the penalty provisions under Articles 129 through 132 of the Criminal Act.

제15조(벌칙 적용에서의 공무원 의제) 위원회의 위원 중 공무원이 아닌 사람은 이 법에 따른 업무를 수행함에 있어 「형법」 제129조부터 제132조까지의 규정에 따른 벌칙의 적용에서는 공무원으로 본다.

Article 16 (Penalty Provisions)

A person who divulges any secret information in violation of Article 6 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won.

제16조(벌칙) 제6조를 위반하여 비밀을 누설한 사람은 2년 이하의 징역 또는 2천만원 이하의 벌금에 처한다.

Addenda

부칙

Article 1 (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.

제1조(시행일) 이 법은 공포 후 6개월이 경과한 날부터 시행한다.

Article 2 (Preparatory Action for Enforcement of this Act) Any preparatory action for the enforcement of this Act, such as the appointment of members and staff members of the Committee and preparatory action for the establishment of the Committee, may be performed before this Act enters into force.

제2조(이 법 시행을 위한 준비행위) 위원회의 위원 및 소속 직원의 임명, 위원회의 설립준비행위 등 위원회의 설립준비는 이 법 시행 전에 할 수 있다.

Annex II

The Amendment Bill to the Framework Act on Settling the Past for Truth and Reconciliation

The Framework Act on Settling the Past for Truth and Reconciliation⁹ is amended as follows:

The title is amended to “Act on Settling the Past for Truth and Reconciliation and Compensation for War Victims.”

Article 1. “thereby clarifying the truth that had been distorted and concealed” is amended to “thereby clarifying the truth that had been distorted and concealed and restoring honor and providing compensation for war victims and their bereaved family members.”

[The existing Article 1 is as follows:

Article 1 (Purpose) The purpose of this Act is to contribute to national unity in order to enhance national legitimacy and to move towards the future through reconciliation with the past by investigating independence movements against Imperial Japan and cases of human rights abuses, violence, massacres, suspicious deaths, etc. caused by anti-democratic acts or acts against human rights and thereby clarifying the truth that had been distorted or concealed.]

Article 2 is introduced as follows:

Article 2-2 (Definition)

The term “war victim” refers to a person who was sacrificed by the North Korean People’s Army and forces acting in concert with them, foreign military forces, and public authorities such as the military and police and forces acting in concert with them.

Article 40-2 (The Compensation Deliberative Commission for War Victims)

(1) In order to deliberate on compensation, etc. to war victims and their bereaved family members, the Compensation Deliberative Commission for War Victims (hereinafter referred to as “Compensation Deliberative Commission”) shall be established under the jurisdiction of the Prime Minister.

(2) The function of the Compensation Deliberative Commission for War Victims shall be as follows:

1. Deliberation, determination, and payment of compensation for war victims or their bereaved family members;

2. Providing other support for war victims and their bereaved family members;

3. Other matters prescribed by Presidential Decree concerning compensation, etc.

(3) The Compensation Deliberative Commission shall consist of not more than 15 commissioners, including one Chairperson; the Prime Minister shall serve as the Chairperson; and commissioners shall be appointed or commissioned by the Prime Minister from among the relevant public officials with extensive knowledge about and experience as prescribed by Presidential Decree.

(4) The Compensation Deliberative Commission may establish sub-commission, each consisting of no more than 10 commissioners, for the deliberation under paragraph (2) 1. and determination under paragraph (2) 2.

(5) Article 30 shall apply mutatis mutandis to the protection of a commissioner and a staff member of the Compensation Deliberative Commission.

(6) Matters necessary for the organization, operation, etc. of the Compensation Deliberative Commission and sub-commission shall be prescribed by Presidential Decree.

Article 40-3 (Monetary Compensation, etc. and Compensation Principle)

(1) With respect to war victims and their bereaved family members, the State shall pay monetary compensation in the amount as prescribed by Presidential Decree, taking into account the lost profits of the victim, long-term delay of monetary compensation, damages for emotional distress, etc. calculated based on statistical data close to the time when the incident occurred.

(2) The term bereaved family members referred to by this chapter means a successor to property of a related person under the Civil Act: Provided, That in case of a missing person, a person to become a successor to such missing person’s property under the Civil Act as at the time such missing person disappeared shall be deemed a bereaved family member.

(3) Bereaved family members shall jointly hold a right to be granted monetary compensation, etc. prescribed by this Act in proportion to the inherited wealth under the Civil Act.

Article 40-4 (Application for Monetary Compensation, etc.)

(1) A war victim or his/her bereaved family member who intends to be granted compensation money prescribed by this Act shall file an application for payment of monetary compensation, etc., with the Compensation Deliberative Commission in writing accompanied by related evidentiary documents as prescribed by Presidential Decree.

(2) An application for payment of compensation money, etc., as prescribed in paragraph (1) shall be filed within 2 years from the date an authentic copy of a decision that the truth is established under Article 26 is served: Provided, a person who received a decision that the truth is established before the enforcement of this Act may apply for monetary compensation as prescribed in paragraph (1) within 2 years from the date of this Act’s enforcement.

(3) Other matters necessary for the application for monetary compensation, etc. shall be prescribed by Presidential Decree.

Article 40-5 (Deliberation and Determination)

The Compensation Deliberative Commission 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.

Article 40-6 (Service of Written Determination)

(1) Where the Compensation Deliberative Commission determines whether to pay compensation money, etc., an authentic copy of a written determination shall be served on the applicant within 30 days.

(2) The provisions of the Civil Procedure Act concerning service shall apply to service under paragraph (1).

Article 40-7 (Re-Deliberation)

(1) A war victim or his/her bereaved family member who has an objection against matters determined by the Compensation Deliberative Commission under Article 40-5 may file an application for re-deliberation with the Compensation Deliberative Commission within 30 days from the date he/she is served with a written determination under Article 40-6.

(2) Articles 40-5 and 40-6 shall apply to re-deliberation of the Compensation Deliberative Commission and service, respectively. In such cases, “90 days” and “120 days” in Article 40-5 shall be construed as “60 days”, respectively.

Article 40-8 (Applicants’ Approval and Payment of Monetary Compensation, etc.)

(1) When an applicant served with an authentic copy of a 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 Compensation Deliberative Commission accompanied by a written approval for such determination.

(2) Matters necessary for the procedures of payment of compensation money, etc., except for matters specified in paragraph (1), shall be prescribed by Presidential Decree.

Article 40-9 (Protection of Rights to be Granted Monetary Compensation, etc.)

A right to be granted compensation money, etc., pursuant to this Act shall not be transferred, put in pledge, or seized.

Article 40-10 (Tax Exemption)

No national tax and local tax shall be imposed on monetary compensation, etc., pursuant to this Act.

Article 40-11 (Determination-Prepositive Principle)

(1) Litigation over the payment of compensation money, etc. under this Act shall be instituted only after a determination is made by the Commission: Provided, That this shall not apply where the Compensation Deliberative Commission does not make a decision within the deadline prescribed by Article 40-5.

(2) Litigation under paragraph (1) shall be instituted within 60 days from the date an authentic copy of a written determination (including an authentic copy of a written determination of re-deliberation) is served.

Article 40-12 (Relationship, etc. with Compensation, etc. under other Acts)

(1) A person who has received compensation or indemnification in relation to the Korean War from the State or a local government pursuant to the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, the Act on Support for Persons Eligible for Veteran’s Compensation, the State Compensation Act, the Special Act on Discovering the Truth on the Jeju 4ᆞ3 Incident and the Restoration of Honor of Victims, the Special Act on Discovering the Truth on the YeosuᆞSuncheon 10ᆞ9 Incident and Restoration of Honor of Victims, and the Special Act on Examination and Honor Restoration of Victims Involved in the Nogeun-Ri Incident shall be paid monetary compensation under this Act after deduction.

(2) Where an applicant agrees to a determination to pay monetary compensation, etc. under this Act, it shall be deemed that a judicial settlement has been established in accordance with the Civil Procedure Act with respect to the damage suffered in connection with the Korean War.

Article 40-13 (Recovery of Monetary Compensation, etc.)

(1) Where a person who has received monetary compensation, etc., pursuant to this Act falls under any of the following subparagraphs, the State may recover all or part of the monetary compensation, etc. that he/she has received:

1. Where the monetary compensation, etc., has been paid by fraud or other improper means;

2. Where the monetary compensation, etc., has been erroneously paid;

3. Where a person recognized as missing in relation to the Korean War is proven to be alive or to be dead or missing irrelevant of the Korean War;

4. Where a collaboration activity, etc., of the war victim has been confirmed during the deliberation process of compensation, etc.

(2) Where recovery is to be made by the State under paragraph (1), it shall be made in the same manner as national taxes are collected.

Article 40-14 (Factual Investigation and Duty to Cooperate)

(1) The Compensation Deliberative Commission may hear testimony or statements from war victims, witnesses, or persons for reference for the purpose of verifying collaboration activities of war victims concerning compensation under this Act and, if deemed necessary, conduct inspection, necessary investigation, etc., and request cooperation necessary therefor from administrative agencies and other related institutions.

(2) Administrative agencies and other institutions requested to cooperate under paragraph (1) shall handle such request in preference to other duties and notify the Compensation Deliberative Commission of the results thereof without delay.

Article 40-15 (Period of Prescription)

The right to receive monetary compensation, etc., pursuant to this Act shall become extinct if not exercised within 1 year from the date an authentic copy of a written determination of the payment of monetary compensation, etc., is served on the applicant.

In Article 41, “commissioner” is amended to “commissioners of the Commission or the Compensation Deliberative Commission (hereinafter referred to as “Commission, etc.”).” “[S]taff members” is amended to “staff members of the Commission, etc.” “[A]s commissioned by the Commission” is amended to “as commissioned by the Commission, etc.” “[D]uties of commission” is amended to “duties of commission, etc.”

In Article 42, “of the Commission” is amended to “of the Commission, etc.,” respectively.

In Article 43, “the Commission” is amended to “the Commission, etc.”

In Article 44, “of the Commission” is amended to “of the Commission and Compensation Deliberative Commission.”

In Article 45 (3) 1. and 2., “of the Commission” is amended to “of the Commission, etc.,” respectively.

Addenda

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation.

Article 2 (Amendment of Other Acts)

(1) A part of the Law No. 18301, the Act on the Restoration of Honor for Participants in the 3ᆞ15 Uprising is amended as follows:

In Article 3, “Framework Act on Settling the Past for Truth and Reconciliation” is changed to “Act on Settling the Past for Truth and Reconciliation and Compensation for War Victims.”

20250623 DPRK – Korean War POWs and civilian abductees

20250623 ROK – POW fact-finding commission and massacre victims compensation bills

1 For the English translation, see: ACT ON FINDING THE TRUTH OF THE DAMAGE FROM NORTH KOREA’S ABDUCTION DURING THE KOREAN WAR AND RESTORING HONOR OF THE VICTIMS [Enforcement Date 16. Oct, 2018.] [Act No.15790, 16. Oct, 2018., Partial Amendment], https://www.law.go.kr/lsInfoP.do?lsiSeq=204768&viewCls=engLsInfoR

2 For the Korean original, see: 6ㆍ25전쟁 납북피해 진상규명 및 납북피해자 명예회복에 관한 법률 ( 약칭: 6ㆍ25납북자법 ) [시행 2010. 9. 27.] [법률 제10190호, 2010. 3. 26., 제정], https://www.law.go.kr/lsInfoP.do?lsiSeq=103894

3 ROK National Assembly, The Bill for the Act on Finding the Truth of the Republic of Korean War Prisoners of War and Restoring Their Honor [6·25전쟁 국군포로의 진상규명 및 명예회복에 관한 법률안] (Bill no. 2111051) proposed by 29 members including Cho Tae-yong on June 24, 2021, https://likms.assembly.go.kr/bill/billDetail.do?billId=PRC_B2M1Z0V6A1G6R0M9E1M1C2O7Q1B1L2

4 ROK National Assembly, The Bill for the Act on Finding the Truth of the Republic of Korean War Prisoners of War and Restoring Their Honor [6·25전쟁 국군포로의 진상규명 및 명예회복에 관한 법률안] (Bill no. 2207456) proposed by 12 members including Kim Gi-hyeon on January 13, 2025, https://likms.assembly.go.kr/bill/billDetail.do?billId=PRC_J2H5I0Q1Q0P7P1N0O3N7I4J7H4I8G2

5 FRAMEWORK ACT ON SETTLING THE PAST FOR TRUTH AND RECONCILIATION [Enforcement Date 22. Sep, 2023.] [Act No.19271, 21. Mar, 2023., Partial Amendment], https://www.law.go.kr/lsInfoP.do?lsiSeq=249061&viewCls=engLsInfoR

6 ROK National Assembly, The Amendment Bill to the Framework Act on Settling the Past for Truth and Reconciliation [진실·화해를 위한 과거사정리 기본법 일부개정법률안] (Bill no. 2114446) proposed by 15 members including Kim Yong-pan on January 17, 2022, https://likms.assembly.go.kr/bill/billDetail.do?billId=PRC_D2X2Q0G1Y1V1C1Q4T4R8F2Y7A2N8G7

7 TRC, “Decision to make a the policy recommendation for compensation legislation for the cases of fact-finding decisions [진실규명결정사건 배·보상 입법 정책권고 결정]”, 2022. 11. 29., https://www.jinsil.go.kr/fnt/nac/selectNoticeDetail.do?bbsId=BBSMSTR_000000000710

8 SPECIAL ACT ON DISCOVERING THE TRUTH ON THE JEJU APRIL 3 INCIDENT AND THE RESTORATION OF HONOR OF VICTIMS [Enforcement Date 16. Aug, 2023.] [Act No.19631, 16. Aug, 2023., Partial Amendment], https://www.law.go.kr/lsInfoP.do?lsiSeq=253959&viewCls=engLsInfoR

9 For the English translation, see: FRAMEWORK ACT ON SETTLING THE PAST FOR TRUTH AND RECONCILIATION [Enforcement Date 22. Sep, 2023.] [Act No.19271, 21. Mar, 2023., Partial Amendment], https://www.law.go.kr/lsInfoP.do?lsiSeq=249061&viewCls=engLsInfoR

1 Le Comité international de la Croix-Rouge, La Comité International de la Croix Rouge and le Conflit de Corée, Recueil de Documents: Recueil de Documents, vol. I, pp. 13, 15 and 16 cited in Howard S. Levie, “How It All Started – And How It Ended: A Legal Study of the Korean War”, Akron Law Review Vol. 35, p. 205 (2015), p. 217, FN 44, 46 and 47.

2 U.S. Department of State, Archive, Text of the Korean War Armistice Agreement, https://2001-2009.state.gov/t/ac/rls/or/2004/31006.htm

Request for communications and press release to UN experts on the 75th anniversary of the outbreak of the Korean War

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