These Regulations are adopted pursuant to the provisions of Article 11-2, paragraph 3 and Article 14, paragraph 4 of the Act on Promoting Transitional Justice ("the governing Act").
The National Development Council (NDC) shall conduct an ex officio investigation into facts and evidence regardless of any claim which may have been made by any related agency (institution), organization, enterprise, or individual (hereinafter referred to as a "party") being investigated in accordance with the provisions of the governing Act, and shall take into consideration circumstances both advantageous and disadvantageous to the parties.
1.Parties shall assist the NDC in its efforts to investigate facts and evidence, are required above all to state facts and evidence of which they are aware, and shall provide evidence in their possession.
2.When the NDC investigates facts and evidence in accordance with the provisions of the governing Act, the party under investigation shall not evade, refuse, or impede such investigation without legitimate reason.
During the investigative procedure set out in Article 14, paragraph 1 of the governing Act, a party may, in addition to producing evidence on his own initiative, file an application with the NDC for an investigation into facts and evidence; provided that, if the NDC believes that no investigation is necessary, it may choose not to conduct an investigation but instead give an explanation in the part of the notice dealing with reasons as required by Article 6, paragraph 1 hereof.
1.In the course of investigation into facts and evidence, the NDC shall keep truthful written records.
2.Audio and/or video recordings may be used to supplement the written records of the preceding paragraph.
1.When it renders an administrative disposition or carries out another administrative act as the result of an investigative procedure, the NDC shall make a judgment of the truthfulness of the facts based on logic and empiricism after taking into consideration the statements presented and the conclusion reached upon the facts found and the evidence obtained, and shall then give the party a notice of its decision and reasons therefor.
2.Before rendering a non-beneficial administrative disposition in accordance with the governing Act, unless it has already conducted public hearings, the NDC shall give the person subject to the disposition an opportunity to state their opinions.
1.In conducting an investigation, the NDC shall not enter into an occupied or guarded dwelling or other premises on a Saturday, Sunday, or any other non-working day, or at nighttime; provided, however, that this restriction shall not apply when consent has been obtained from the occupant, guard, or a representative thereof, or when it would clearly be difficult to achieve the purpose of the investigation unless the location in question was investigated on a Saturday, Sunday, or other non-working day, or at nighttime.
2.When an investigation has started during the daytime, it may continue into the nighttime.
3.The term "nighttime" as used in the preceding two paragraphs means the time before sunrise and after sunset.
1.A place which must be kept secret for military purposes shall not be entered and investigated without the permission of the officer in charge; moreover, the officer in charge shall not withhold permission unless major national interests would be harmed.
2.When it enters and investigates a place which must be kept secret for military purposes, the NDC shall be accompanied by the officer in charge or by another person qualified to act as the officer's representative.
1.If a party, or an item's owner, possessor, or holder, or a party in interest objects to the NDC placing an item under temporary seal, taking custody of it, or impounding it in accordance with Article 15, paragraphs 1 and 2 of the governing Act, they may lodge a protest at the site and state their reasons.
2.If the person conducting an investigation regards the protest of the preceding paragraph as meritorious, they shall promptly stop or change the investigation; if they regard the protest as lacking in merit, they may continue the investigation. When the objecting party demands it, the investigating party shall prepare a written description of the content of the investigation and deliver it to the objecting party.
When the NDC places related material or evidence under temporary seal, takes custody of it, or impounds it in accordance with Article 15, paragraphs 1 and 2 of the governing Act, it shall prepare a record of its actions. The record shall note the time and place the actions were taken, shall name the materials or evidence, and shall note other necessary matters. A person present at the place shall sign the record or affix a seal or fingerprint to it; if they refuse to provide a signature, seal, or fingerprint, they shall provide a written explanation of their reasons.
1.A party, or a party in interest, may apply to the NDC to examine, transcribe, copy, or take photographs of relevant materials or records; provided that the materials or records are necessary for pressing for or protecting their legal interests.
2.An application made under the preceding paragraph to the NDC shall not be denied, except under one of the following circumstances:
I.there are drafts or other preliminary operational documents prepared before the making of an administrative decision;
II.there are secrets relating to national defense, military, diplomatic, or general official matters which are legally required to be kept in confidence;
III.there are secrets relating to personal privacy, professional secrecy, or trade secrets which are legally required to be kept in confidence;
IV.there is information [the disclosure of which] is likely to result in infringement of the right of any third party; or
V.there is information [the disclosure of which] is likely to result in serious impairment to social security, public safety, or the normal performance of any function connected with the public interest.
3.For materials or records to which any of the subparagraphs under the preceding paragraph is applicable, only the non-restricted parts shall be allowed to be viewed.
1.In order to investigate political archival records held or possessed by political parties, affiliated organizations, or party-owned entities, the NDC may commission a relevant agency (institution), legal entity, group, or individual to conduct an appraisal, and may commission another agency (institution) to handle a specified case or matter.
2.When the NDC commissions another agency (institution) to handle a specified case or matter, the commissioned entity shall promptly commence the requested matter, and shall report back in writing on the results of its handling of the matter.
These Regulations shall enter into force from the date of issuance.