NAME OF MECHANISM

Truth and Reconciliation Commission, Republic of Korea

PERIOD OF OPERATION

December 2005 – December 2010. The commission was originally scheduled to operate for two years, but took the option to extend its operations.

MANDATE AND OPERATIONS

Mandate: The Truth and Reconciliation Commission, Republic of Korea (TRCK), was established by South Korean President Roh Moo-hyun with the Framework Act on Clearing up Past Incidents for Truth and Reconciliation (Law 7542), passed on 31 May 2005. The purpose of the TRCK was to generate an accurate account of the past, “restore honour” to victims, aid in the reconciliation process and promote national unity. The commission focused specifically on the Japanese occupation at the beginning of the 20th century, the Korean War and the authoritarian regimes in power after the war. The TRCK focused on truth-seeking and truth-telling over holding perpetrators accountable or providing victims with compensation [Japan Focus | Mar 2010]. Because the statute of limitations for the majority of the crimes under investigation is 15 years, most of the perpetrators could not be held accountable under the law [AI | 2010].

Staff: The commission consisted of 15 commissioners, of whom eight were recommended by the National Assembly, four were appointed by the president and three were nominated by the chief justice of the Supreme Court. The commission’s composition changed over time, when commissioners’ terms ended. The commissioners at the time of the TRCK’s closing were Lee Young-Jo (president), Lee Sang-Hwan (standing), Kim Yong-Jik (standing), Jung Seung-Yoon (standing), Jung Byeong-Seok, Kim Oe-Sook, Lee Jae-Gyo, Park Sang-Hoon, Kim Hyun-Tae, Kang Kyu-Hyung, Kim Min-Ho, Park Kee-Dong, Lee Ki-Wook, Yoon Byeong-Seon and Huh Dong-Hyun.

Budget: The budget for 2008 was just over US$14.2 million, up from about US$9 million in 2007, US$6.8 million in 2006 and US$1.7 million in 2005 [TRCK | 2009].

RESOURCES

Truth and Reconciliation Commission, Republic of Korea official website
Truth and Reconciliation Activities of the Past Three Years [2009]
TRCK Brochure [2008]
TRCK Brochure [2007]
Framework Act on Clearing up Past Incidents for Truth and Reconciliation [2005]

RESULTS

The TRCK has officially concluded its investigations. It was scheduled to release its final report in December 2010 but the latest available report is from March 2009. According to this report, the commission accepted 10,992 claims and was able to follow up on 4,794 of these claims. Having conducted investigations and excavations of mass graves, the TRCK presented findings on civilian massacres and individual human rights violations to the South Korean president, recommending, among other measures, apologies, restoration of honour to individuals and families, memorials, retrials and new legislation [TRCK | 2008].

In its last years, the TRCK met with some resistance from government. Unlike President Roh Moo-hyun, President Lee Myung-bak, elected in 2007, was not entirely supportive of the commission. Upon his election, commissioners noticed a marked increase in the reluctance of South Korean police, military and intelligence bodies to share information with the TRCK [Japan Focus | Mar 2010].

The last president of the commission, Lee Young-Jo, has been criticised for reversing the progressive work of the commission. When standing commissioners’ terms were up, it was noted that Lee replaced them with members willing to wrap up investigations instead of pushing for another two-year renewal [Japan Focus | Mar 2010]. In April 2010, Lee was sued for attempting block the English-language version of the commission’s 2009 report. While Lee has argued that the report was poorly translated, many suggest that he sought to suppress it for political or ideological reasons [Korea Times | 5 Apr 2010].

The commission has received mixed reviews. While it legitimised the stories of many Koreans with its thorough investigations, its impact was limited by a budget incommensurate to its enormous task and by not having the power to force witnesses to testify, to offer immunity for testimonies or to hold perpetrators legally accountable [New York Times | 3 Dec 2007]. Furthermore, the commission was shut down with many cases left pending.

BACKGROUND

Human rights atrocities were committed with impunity in Korea during the Japanese occupation, in the Korean War and under several authoritarian regimes. Under the dictatorships, it was illegal to even speak of some of the atrocities committed in earlier periods. The TRCK was created as a transitional tool to unite South Koreans and recognise those who feel they and their families had been victims of military or government human rights abuses.

SOURCES

[Amnesty International | 2010]
[Japan Focus | Mar 2010]
[Korea Times | 5 April 2010]
[New York Times | 3 Dec 2007]