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Kim Dae-Jung Reconciliation

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Kim Dae-jung & Truth reconciliation

South Korea’s Truth and Reconciliation Commission was established on December 1, 2005, during the presidency of Roh Moo-hyun. This governmental commission was set to investigate incidents in Korean history, all the way back from annexation of Korea by Japan in 1910, up to the election of Kim Young-Sam in 1993. South Korea has been subject to a period of military dictatorships, during which there was given little attention to truth-funding. Also, South Korea’s fight for democracy spans out on a long period of civil movements and demonstrations. They often led to uprisings, which were often repressed hard by authoritarian and military power. Demonstrations, like the Kwangju Uprising in 1980, were subject to murder, torture and other abuses of human right. These acts were often covered up and ignored by the government. However, the prosecution and sentencing of two former authoritarian rulers, Chun Doo-Hwan and Rho Tae-Woo in 1995, was a clear sign that times were changing and even successful coups can be punished. At the end of the 90s, laws for rectifying the past were established under the government of Kim Dae-Jung. The Truth & Reconciliation Commission would go stay active until 2010, when the conservative Lee Myung-Bak stopped the funding. What led to this sudden governmental interest in truth and reconciliation under the Kim Dae-Jung government?
In this literature review we will look at the factors that instigated interest in South Korea for having truth and reconciliation commissions. Two articles will be used from the Critical Asian Studies journal.

In ‘’The Long Road Toward Truth and Reconciliation’’ Kim Dong-Choon writes about Korea’s urge to confront it’s dark past, as the first Northeast Asian country to do so in such a comprehensive manner. Korea had to do deal with cold war conflicts, while it still had to overcome the legacy of Japanese colonialism.

In ‘’Truth and reconciliation in South Korea’’, Jae-Jung Suh writes about

Although during the period of military dictatorships in Korea little attention was given to the truth-finding work in the governmental arena, there were constant movements among civil groups and the public dedicated to rectifying past incidents; the
Gwangju Democratization Movement in 1980, the Student Demonstration at Konkuk
University in 1987, etc. These are good examples of how people and civil groups continued to pursue the truth even under severe authoritarian repression. In 1995, a valuable lesson was proven with the prosecution and sentencing of two former authoritarian rulers of Korea, Chun Doo-Hwan and Rho Tae-Woo; even successful coups can be punished.
Laws for rectifying the past were passed under the Kim Dae Jung government
(1998-2003). On October 17, 2000, then President Kim Dae-Jung inaugurated the
Presidential Truth Commission on Suspicious Deaths to investigate the death of citizens opposed to past authoritarian regimes in South Korea. Earlier that year, on January 15, the enactment of the Special Act to Find the Truth about Suspicious Deaths created the commission and established its mandate to investigate deaths upon the request of petitioners, to report its findings and recommendations to the president, and to identify perpetrators of human rights abuses for prosecution.

Keypoints:
- Kim Dae-Jung in office: 25 February 1998 – 25 February 2003
- 1994 The 'Korea Association of Bereaved Families for Democracy' (Yugahyup) initiated activities demanding legislation to set up the Presidential Truth Commission on Suspicious Deaths (422 days of protest in front of the National Assembly building)
- Aug 2, '99 Congressman, Lee, Sang-Su (New Millennium Democratic Party) supported by 155 congressmen proposed a special act
- Dec. 28, '99 A resolution was passed during the general session of the National Assembly
- Jan. 15, '00 The "Special Act to Find the Truth on Suspicious Deaths" was adopted and proclaimed(Law number 6170)
- The Commission for Democratization Movement Activists' Honor-Restoration and Compensation
- Presidents jailed at 1995, 12, With Kim Young-sam as the first democratic activist to be elected as president, in

In 1997, the two ex-presidents were criminally charged. Along with the others involved, they were arrested, tried, and sentenced to death. This was a belated judicial punishment for their crime of committing a massacre. The sentence represented a rare occasion in history with settlement of the past being completed through the judicial system. Usually, bringing to justice a military dictator or military rule was possible only in the midst of a turbulent period following a public upheaval.
This incident triggered strong demand for past settlement movements which came to fruition when the Kim Dae-Jung government established several truth-seeking commissions in 2000. The Commission for Democratization Movement Activists'
Honor-Restoration and Compensation evaluates the democratization movement under the military dictatorships and compensates the victims, as well as restores their honor.
The Presidential Truth Commission on Suspicious Deaths investigated unidentified victims suspected of being killed under the military regime. However, these commissions were limited to their respective areas in investigating Korea’s past wrong-doings and did not resolve other forms of historical issues. Their work raised considerable public interest in settling the past and in other issues not covered by the commissions. In order to provide a more comprehensive resolution, the Truth and Reconciliation Commission of Korea was formed in 2005. (TRCROK)

The Birth of the TRCK
The collective experiences related to unearthing the truth of the Gwangju massacre were fertile ground for the growth and nourishment of other efforts to settle past grievances. These efforts showed that individual human rights abuses and large-scale atrocities all had immense political and historical significance and that civilian mass killings during conflicts can be settled if public opinion and people’s power support the effort.
In 1998, for the first time in Korea’s history, a democratic political leader, Kim
Dae-jung, took office as an elected president. Kim was followed by another democratically elected leader, Roh Moo-hyun, in 2003. In the general election of 2004, the liberal URI Party gained a majority of seats in the National Assembly for the first time since 1961. The political environment in 2004 marked a second critical turn in Korea’s long journey to truth and reconciliation. Prior to this moment, even during the period of democratic transition from 1988 to 2004, the conservative party, the Grand National Party (GNP), which controlled the National
Assembly, had effectively prevented the passage of comprehensive pastsettlement legislation that would have opened investigations into the human rights violations under the authoritarian regimes and the massacres during the
Korean War. After Kim Dae-jung’s assumption of power in December 1997, the government set out to rectify past wrongdoings and in 1999, it passed a law to establish the Presidential Truth Commission on Suspicious Deaths of the Republic of Korea (PTCSD). The establishment of the Commission was an important step toward truth and reconciliation as it explicitly sought truth rather than justice. (Kim DC)

Procedural legality is required even to punish those who violated human rights under the authoritarian-military rule. If the new democratic regime weakens procedural legality to serve substantive justice, it may satisfy the popular demand but undermine the new regime’s commitment to the rule of law. This is the academic reason why the two bills to cease or exclude the application of the statute of limitations did not pass. Ironically, procedural legality, which grew in
Korean society after democratization, prevented the retrospective punishment of the perpetrators under the old regime after the limitation period had already expired. Kuk Cho arrested, detained, and convicted for the violation of a number of laws such as the Anti-Communist
Act,46 the National Security Act,47 and the Act Concerning Assembly and
Demonstration.48 Punishment under these laws severely restricted political rights and freedoms.
In January 2000, under the Kim Dae-Jung government, the Act for
Restoring the Honor of Democratization Movement Involvers and Providing
Compensation for Them was enacted (“Democracy Act”). It owed much to the 422-day non-stop sit-in by human rights organizations such as the
National Association of Bereaved Families for Democracy (cheonguk minjuhwa undong yukajok hyeopeuihwe) in front of the National Assembly.
The Democracy Act defines “democratization movement” as
“activities that contributed to establishing democratic constitutional order and resurrecting and enhancing freedoms and rights of people by resisting the authoritarian rule that had disturbed free democratic basic order and violated people’s fundamental rights guaranteed by the Constitution since
August 7, 1969. (The Act for Restoring the Honor of Democratization Movement Involvers and Providing Compensation for Them, Act No. 6123, art. 2.1)

The “democratization movement involvers” in the May 18 Uprising of 1980 are covered by the 1990 Act for Restoring the Honor of Democratization Movement Involvers and Providing
Compensation for Them. [The Act for Restoring the Honor of Democratization Movement Involvers and Providing Compensation for Them], Statutes of S. Korea, Law No. 6123 of 2000, art. 2.2

History and Outline of the Presidential Truth Commission on Suspicious Deaths

○ History
- 1994 The 'Korea Association of Bereaved Families for Democracy' (Yugahyup) initiated activities demanding legislation to set up the Presidential Truth Commission on Suspicious Deaths (422 days of protest in front of the National Assembly building)
- Aug 2, '99 Congressman, Lee, Sang-Su (New Millennium Democratic Party) supported by 155 congressmen proposed a special act
- Dec. 28, '99 A resolution was passed during the general session of the National Assembly
- Jan. 15, '00 The "Special Act to Find the Truth on Suspicious Deaths" was adopted and proclaimed(Law number 6170)
- July 10, '00 Enaction of Enforcement Ordinance on the "Special Act"
- Oct. 17, '00 Establishment of the Presidential Truth Commission on Suspicious Deaths
- July 24, '01 First revision of the "Special Act" (Law number 6496)
- Mar. 25, '02 Second revision of the "Special Act" (Law number 6670)
- Sept. 16, '02 Completion of the First Truth Commission's investigation
- Oct. 14, '02 Submission of First Term Report on activities of the Truth Commission to President of ROK
- Dec. 5, '02 Third revision of the "Special Act" (Law number 6750)
- Feb. 14, '03 First Term Report on activities of the Truth Commission was published
- July 1, '03 Establishment of the Truth Commission for the Second Term
- June. 30, '04 Completion of the Second Truth Commission's investigation
- July 30, '04 Submission of Second Term Report on activities of the Truth Commission to President of ROK
- December 2004, the Second Term Report on activities of the Truth Commission was published, and the Second Term Commission came to an end.

Literature List:
Kim Dong-Choon (2010). THE LONG ROAD TOWARD TRUTH AND RECONCILIATION, Critical Asian Studies, 42 (4), 525-552.
TRC ROK article

http://www.koreaherald.com/view.php?ud=20141014000519

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