Socialudvalget 2022-23 (2. samling)
SOU Alm.del Bilag 153
Offentligt
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Introduction
To the Truth and Reconciliation Commission
2023
 SOU, Alm.del - 2022-23 (2. samling) - Bilag 153: Henvendelse af 25/5-23 fra Republikken Koreas Ambassade i København vedr. møde med det koreansk undersøgelseskommission
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Contents
Ⅰ. General Information
1
1. Functions and Characteristics of the Commission ································ 1
2. Organization (Organizational Chart and Quota) ································· 3
Ⅱ. Current Status of Truth-Finding Investigations
4
1. Current Status of Applications Received for Truth-Finding Investigations
and Processing ····················································································· 4
2. Investigative Directions by Case Type ·················································· 5
- Civilian casualties and damage by state authorities and hostile forces
- Grave human rights violations and alleged fabrications
- Independence movements against imperial Japan
- Events around the March 15 Masan Uprising
Ⅲ. Investigation of Overseas Adoptions
7
1. Current Status of Applications Received ··············································· 7
2. Overview of Initiated Investigations ······················································ 7
3. Issues to Be Investigated and Requests for Cooperation ·················· 9
 SOU, Alm.del - 2022-23 (2. samling) - Bilag 153: Henvendelse af 25/5-23 fra Republikken Koreas Ambassade i København vedr. møde med det koreansk undersøgelseskommission
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Ⅰ
. General Information
1. Functions and Characteristics of the Commission
□ Composition
○
(Inauguration) The Truth and Reconciliation Commission was founded in
accordance with the revised Framework Act on Settling the Past Affairs for
Truth and Reconciliation (December 10, 2020).
○
(Composition) Nine members
*
(three standing Commissioner, six non-standing
Commissioner) (two-year term, reappointment possible)
* One appointed by the President, eight elected by the National Assembly (four each
nominated by the ruling and opposition parties)
○
(Characteristics) As an independent national agency, not affiliated with the
Presidential Office, it independently performs truth-finding tasks.
○
(Period of activity) Three years after initiation of the investigation
(May 27, 2021)
(extendible within one year)
□ Functions
○
Select potential targets for truth-finding investigation, decide whether to
initiate an investigation, proceed with the investigation, and determine
whether to clarify the truth
○
Research for reconciliation and other tasks deemed necessary by the
Commission
□ Scope of Investigations
[Article 2 of the Framework Act on Settling the Past for Truth and Reconciliation]
○
Independence movements against Imperial Japan which were carried out
during Japanese occupation or immediately prior to that period;
○
History of overseas Koreans after the Japanese occupation until the
enforcement date of this Act;
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○
Mass civilian deaths, injuries, and missing persons from August 15, 1945 to
the period prior to, during, and immediately after the Korean War;
○
Grave human rights violations and alleged fabrications from August 15, 1945
to the period of authoritarian rule;
○
Casualties and damage by hostile forces from August 15, 1945 to the period
of authoritarian rule;
○
Cases of historical significance, for which the Truth and Reconciliation
Commission deems that clarifying the truth is necessary.
[Article 3 of the Act on the Honor Restoration of and Compensation to Persons
Related to the March 15 Masan Uprising]
○
Events around the March 15 Masan Uprising that took place between March 15
and April 13, 1960 in protest against fraudulent elections on March 15, 1960.
◇ NOTE
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 SOU, Alm.del - 2022-23 (2. samling) - Bilag 153: Henvendelse af 25/5-23 fra Republikken Koreas Ambassade i København vedr. møde med det koreansk undersøgelseskommission
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2. Organization
◈
Organization: 1 secretariat, 1 office, 2 departments, 1 aide, 2 officers, 8
divisions, and 1 team
* Subcommittee I, Subcommittee II, Reconciliation Committee, Comprehensive Report
Committee, Advisory Council
□ Organizational chart
Policy Aide
Chair
Advisory
Council
Standing
Commissioner I
Reconciliation
Committee
Standing
Commissioner II
Comprehensive
Report
Committee
Subcommittee I
Secretary-General
Head of
Investigation
Department I
Investigation
Division I
Investigation
Division II
Investigation
Division III
Investigation
Division IV
Subcommittee II
Planning and
Operation Office
Operation
Support
Officer
External
Cooperation
Officer
Head of
Investigation
Department II
Investigation
Division V
Investigation
Division VI
Investigation
Division VII
Investigation
Division VIII
March 15
Masan
Uprising
Division
□ Quota/current number of members
Quota
Total
(Quota/
current
number)
Political
service
Special
service
National
service
(As of January 2023)
Employed out of the quota
Defense
(Non-sep Profession-
arately
al
prescribe
d)
2/2
16/16
Office
assistance
Local
position
217/212
3/2
78/77
55/52
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 SOU, Alm.del - 2022-23 (2. samling) - Bilag 153: Henvendelse af 25/5-23 fra Republikken Koreas Ambassade i København vedr. møde med det koreansk undersøgelseskommission
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Ⅱ
. Current Status of Truth-Finding Investigations
1. Current Status of Applications Received
Truth-Finding Investigations and Processing
Applications
for
(Unit: No. of cases, as of January 1, 2023)
Investigations in
progress
。
Cases closed
Classification
。
Total
Independence
movement
against
Japan
20,092 22,266 10,006
129
130
36
5
-
7
1
992
3
187
-
13 3,375 1,326
1
33
11
History of
overseas
Koreans
Mass civilian
casualties
Grave
rights
and
human
violations
2,435
4,023
969
-
2
198
3
9
119
32
-
-
-
-
-
-
-
-
-
-
9,957
10,256
6,535
-
-
286
84
1
545
1,071
alleged
fabrications
Cases related
to
hostile
forces
final
3,885
4,032
1,998
-
-
455
100
-
221
172
Cases with
ruling
made
453
568
137
-
4
34
-
2
42
7
Cases of
historical
significance
Cases related
to
March
15
339
339
228
-
-
16
-
-
1
4
202
202
93
-
-
-
-
-
1
1
Masan
Others
Uprising
2,692
2,716
10
-
-
-
-
-
2,413
28
Mass civilian
casualties
Cases related
to
hostile
forces
final
　
-
-
1
-
-
-
-
-
-
　
-
-
2
-
-
-
-
-
-
Cases with
ruling
made
　
-
-
1
-
-
-
-
-
-
Cases related
to
March
15
　
-
-
1
-
-
-
-
-
-
Masan
Uprising
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 SOU, Alm.del - 2022-23 (2. samling) - Bilag 153: Henvendelse af 25/5-23 fra Republikken Koreas Ambassade i København vedr. møde med det koreansk undersøgelseskommission
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2. Investigative Directions by Case Type
□ Civilian casualties and damage by state authorities and
hostile forces
○
Clarify the historical truth by verifying whether the case really took place and
if so, what happened
○
Investigate the statements of applicants, etc. and conduct on-site surveys in
cooperation with local governments
* Priority is given to investigating the statements of elderly applicants and witnesses
○
Conduct
ex officio
investigations into cases deemed historically significant
□ Grave human rights violations and alleged fabrications
○
Carry out investigation by classifying cases into groups that occurred in the
same facility or to the same group and individual cases of human rights
violations
- Group cases: Clarify overall truth about the case before investigating each
individual
- Individual cases: In principle, handle each case in the order of receipt, year,
and type
□ Independence movements against imperial Japan
○
Examine the anti-Japanese independence activities of those subject to
truth-finding investigation by looking into records of that time, consulting
expert advice, and conducting field surveys
○
Discover relevant materials in cooperation with related organizations such as
the Ministry of Patriots and Veterans Affairs and the National History
Compilation Committee
□ Events around the March 15 Masan Uprising
○
Initiate truth-finding investigations according to the Act on the Honor
Restoration of and Compensation to Persons Related to the March 15 Masan
Uprising (effective January 21, 2022)
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 SOU, Alm.del - 2022-23 (2. samling) - Bilag 153: Henvendelse af 25/5-23 fra Republikken Koreas Ambassade i København vedr. møde med det koreansk undersøgelseskommission
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○
Investigate applicants engaged in the uprising to find out the truth about
uprising participants and clarify unconfirmed facts through
ex officio
investigations to restore their honor
◇ NOTE
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 SOU, Alm.del - 2022-23 (2. samling) - Bilag 153: Henvendelse af 25/5-23 fra Republikken Koreas Ambassade i København vedr. møde med det koreansk undersøgelseskommission
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Ⅲ. Investigation of Overseas Adoptions
1. Current Status of Applications Received
□ Current status of applications received
○
As of submission deadline date (December 9, 2022), a total of 372
applications were received from nine countries including Denmark and
Sweden.
(Unit:
No.
of
cases)
Classification
No.
of
applications
Aug. 22
52
Date of application
Sep. 13 Nov. 15 Dec. 2
230
24
1
Dec. 9
65
Total
372
Denmark
52
165
9
-
4
230
Sweden
-
-
1
-
21
22
USA
-
33
3
-
12
48
Norway
-
6
5
-
10
21
Belgium
-
13
2
-
2
17
Netherlands
-
9
3
-
5
17
Australia
-
-
-
-
10
10
Germany
-
4
1
-
-
5
France
-
-
-
1
1
2
2. Overview of Initiated Investigations
□ Overview
○
Date of initiation: November 29, 2022
○
No. of initiated investigations: 34
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 SOU, Alm.del - 2022-23 (2. samling) - Bilag 153: Henvendelse af 25/5-23 fra Republikken Koreas Ambassade i København vedr. møde med det koreansk undersøgelseskommission
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□ Details
○
The 34 applicants were adopted overseas between 1960 and 1990 when they
were infants, toddlers, or children.
- Even though their birth parents were alive, the applicants ended up being
adopted as a result of crimes such as kidnapping, or without the consent
of their birth parents.
- Their “right to know their own identity” stipulated under the UN Convention
on the Rights of the Child may have been violated as they were
manipulated as orphans in documents and the information on their original
identity and birth family were changed or lost.
○
The applicants confirmed their records that they had been adopted as they
were intentionally and falsely identified as orphans or other persons even
though they had biological parents.
- The Dutch Committee on the Investigation of Intercountry Adoption (2021)
decided to conduct an investigation in consideration of illegal acts and
serious human rights violations against children and birth parents by the
state, etc., were confirmed in the past overseas adoption process.
※
A total of 120,421 overseas adoptions from 1958 to 1989
Denmark
No.
of
cases
7,299
Germany
2,323
USA
76,750
Australia
1,944
France
9,831
Canada
1,369
Norway
4,430
Switzerl-
and
1,108
Sweden
7,393
Italy
382
Netherl-
ands
3,685
Luxemb-
urg
113
Belgium
3,662
Others
132
□ Plans for the future
○
Review applications for uninvestigated cases (338 cases) and decide whether
to initiate investigation in the first half of 2023
○
Submit final report in the first half of 2024
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 SOU, Alm.del - 2022-23 (2. samling) - Bilag 153: Henvendelse af 25/5-23 fra Republikken Koreas Ambassade i København vedr. møde med det koreansk undersøgelseskommission
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3. Issues to Be Investigated and Requests for
Cooperation
□ Issues to be investigated
○
Whether the overseas adoption law is unconstitutional or illegal
○
Whether the state is accountable for human rights violations in the overseas
adoption process
○
Whether the right to identity was violated
○
Whether human rights violations occurred in the process where adoptees
moved to the adoptive country and obtained citizenship
□ Request for cooperation
○
Provision of applicants’ adoption documentation held by government agencies
○
Provision of applicants’ adoption documentation held by private adoption
organizations
○
Provision of materials on applicants' acquisition of Danish citizenship
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 SOU, Alm.del - 2022-23 (2. samling) - Bilag 153: Henvendelse af 25/5-23 fra Republikken Koreas Ambassade i København vedr. møde med det koreansk undersøgelseskommission
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◇ NOTE
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