Project Report-Tumee

8/14/2019 Project Report-Tumee

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The May 18 Memorial Foundation International Cooperation Team

Comparison of Special Act on the May 18

Democratization Movement and other related acts

in South Korea and Law on Rehabilitation and

Compensation for Victims of Political Repression in

Mongolia

Final report of research work

byTumenbayar Chuluunbaatar

2007 International Intern

Conten ts

1. Brief history of political repression in the Mongolia in 1922-1989 and May 18

Democratic Uprising in South Korea in 1980.

2. Comparison of acts:

Special act on the May 18 Democratization Movement and Mongolian law

Act on compensation, etc. for the persons related to the May 18Democratization Movement and Mongolian law

Act on the honorable treatment of persons of distinguished services to May

18 Democratization movement

3. Differences and correspondences of Korean and Mongolian acts

4. Summary

Final Report of Research work Tumenbayar Chuluunbaatar1


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Unit 1: Brief h istory of pol itical repression in Mongolia in19 22- 1989 and

May 1 8 De mocrati c Upr ising in South K orea in 1 980

Po lt i ca l rep ress i on in Mongo l i a : In 1921, Mongolia got an independence.Then in 1924, the Mongolia chose socialist system by Mongolian first constitution

enacted in that year. Thereafter, till 1989, by influence of the socialist regime, one

party system and communist Russia, there were some political repression againts

patriots, politicians, intellectuals and monks for their different political viewpoint,

religion, social manner, ancestry and ethnicity. For these reasons, approximately

30000 persons got death sentence, prison and banishment during the political

repression. Normally, political repression can be divided in 3 parts by period.

Hereinafter:

1. 1922-1932. Political repression against politicians. They got death sentence

and prison by false political crimes for their different viewpoint of economy

and political system.

2. 1932-1945. Main victims were monks, minority ethnics and aristocracies.

They got death sentence, prison and seizure their properties for their religion,

ethnicity and ancestry.3. 1960-1989. Political repression at that time focused to intellectuals. They

usually got prison or banishment for their viewpoint and their criticism against

wrong things in politic and economy system at that time.

From 1990, In Mongolia won democratic movement. Thereafter the Mongolia

became a democratic, open-market economy country. Then, in 2 January 1998,

Mongolian parliament legislated Law on rehabilitation and compensation for victims

of political repression. By this law, related person to political repression or their

bereaved family gained compensation and the Government officially rehabilitated

them and announced their blameless.

May 18 Dem oc ra tic Upris ing : In May 1980, there was held an uprising bystudents and citizens in Gwangju for democracy and against military regime. During

the uprising, many citizens of Gwangju were killed by soldiers. The victims of uprising

numbered 4369 all told: 154 killed, 74 missing, 4141 wounded (including the dead due

to it). After launched democratic government, there was legislated Special act on the



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May 18 Democratization Movement and other acts for compensation, honorable

treatment to victims of the May 18 uprising.

Unit 2: Comparison of acts

Speci al act s on the May 18 D emo cra tiz ati on Movement and Mongo lianlaw

Here are comparisons of Special acts on the May 18 Democratization

Movement in South Korea and Law on rehabilitation and compensation for victims of

political repression of the Mongolia.

Table 1

Comp ari sonSpe ci al acts o n the May 18Demo cr ati zat ion Movemen t

in Sout h Ko rea

Law on re hab ili tat ion andcomp ens ati on fo r victims of

poli tic al repres sio nObjective and

tasks (extent

service of

laws)

Devise the stabilization of

livelihood and improvement of

welfare, and further to

contribute to the unity of people

and development of

democratization as well by

having the dead, missing or

wounded persons related to the

May 18 Democratization

Movement before and after May

18, 1980 and the bereaved

family regain the impaired

reputation and by offering

material compensation

accordingly.

Allow compensation,

rehabilitation and regain the

impaired reputation to repressed

persons related to illusive

political crimes and

discriminated for political

viewpoint, religion, social

manner and ethnicity during in

1922-1989.

Persons, who

will get

compensation

Following persons, who related

to the May 18 Democratization

Movement before and after May

18, 1980 have right to get

compensation. Herein:

Dead persons and their

bereaved family

Following persons, who related

to illusive political crimes, have

right to earn compensation.

Herein:

Persons who executed to

death due to illusive

political crimes and their



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Act on com pen sat ion, etc . for t he per sons rel ated to the May 18Demo cr ati zat ion Movemen t and M ongo lian law

Here are comparisons of Act on compensation, etc. for the persons relatedto the May 18 Democratization Movement, Enforcement decree of the act on

compensation, etc. for persons related to the May 18 Democratization Movement in

South Korea and Law on rehabilitation and compensation for victims of political

repression of the Mongolia.

Table 2

Com pa ris onAct a nd enfor cement decreeon compens ati on, etc . forpers ons rel ated to t he May

18 Dem oc ra tiz ati onMov ement

Law on reh abi lit ati on a ndcomp ens ati on of v ictims of

po li tic al repres sio n

Whom does it

apply or claim

for

compensation

Related persons to the May 18

Democratic Movement or their

bereaved family (hereinafter

referred to as the related

persons) will make application

in writing to the Indemnification

Deliberation Committee (IDC) for

compensation. It shall be

together with documentary

evidences that proving their

eligible to get compensation.

Repressed persons or their

bereaved family (hereinafter

referred to as the related

persons) shall claim for

compensation to the first

instance court where locate in

their residences, when after

decision of Supreme Court,

General Prosecutors Office or

first instance court regarding to

rehabilitation persons, who were

sentenced for political

repression.

Type of

indemnity

- Amount gained by multiplying

the monthly salary, take-

home wage or average

monthly remuneration at the

time when the person died or

went missing confirmed as

having died or having gone

- Family members of persons,

who executed to death and

persons punished to prison if

they dead instead their

family members will get as

million tugrug (Mongolian

currency)



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missing with regard to the

May 18 Movement by the

period that person is

expected to work

- The amount of loss during

medical treatment where loss

has occurred to monthly

salary, take-home wage or

average monthly

remuneration due to

necessary medical treatment

- The amount by multiplying

the monthly salary, take-

home wage or average

monthly remuneration at the

time when the person

wounded by the rate of loss

of working power and period

that he/she is expected to

work.

- Assistance money to the

related person or bereaved

family in order assistance in

the livelihood

- In the other cases will allow

as 500000 tugrug

- If related person was seized

their houses due to

repression and have not had

houses so far, governor, who

is for their residence area,

shall allow a house to them.

Period to

make decision

whether to

pay indemnity

or not.

The IDC shall decide whether to

pay indemnity or not within 90

days from the date when it

received application for

compensation and deliver written

decision to the applicant. It shall

be within 120 days for missing

persons.

The first instance court shall

make decision to pay indemnity

to related persons along the

decision of rehabilitation within

in period as prescribed Civil

Procedure Law. This period is 60

days from the date when it

received claim.

Reexamination If related persons who applied

for compensation have objection

for written decision of the IDC,

they can make application for



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reexamination to the IDC within

30 days from the received date

of written decision. In this case

the IDC shall decide within 60

days.

Consent a

decision and

apply for

payment of

compensation

When the applicant who has been

delivered decision intends to

receive indemnity, they shall

request the IDC to pay the

compensation together with a

letter of consent to the decision.

Related persons will make an

application for payment of

indemnity into province financial

office or district financial office

where located in their

residences. It shall submit

together with decision for

compensation of the first

instance court.

Paying

organization

and period of

payment

Indemnity was decided by the

IDC shall be paid by the Mayor of

Gwangju Metropolitan City within

15 days from the date when

there was a request for payment

of compensation.

The province or district financial

office shall allow the

compensation to related persons

under control of the

Subcommittee on organizing

rehabilitation work of capital and

provinces. Period of payment is

within 30 days from the received

date for payment of

compensation.

Expire right of

indemnity

Right of indemnify shall be

expire after one year from the

date the original written decision

of payment has been delivered to

the applicants and applicants had

not applied for indemnity during

this period.

Right to get indemnity for

repressed persons shall be

expire when they had not applied

for indemnity within 3 years

when they received decision of

Supreme Court, General

Prosecutors Office or first

instance court regarding to

rehabilitation them.

Redemption of

indemnity

The State may redeem indemnity

for the following reasons:- Where he/she has been paid

The State may redeem indemnity

for the following reasons:- Where he/she has been paid



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indemnity by means of deceit

or other illegal method

- Where he/she has been paid

by mistake

- Where the person confirmed

as missing with regard May

18 movement has been

proved to be alive, or proved

to have died or gone missing

without any relation to the

May 18 Movement

indemnity by means of

deceit or other illegal

method

- Where he/she has been paid

by mistake

Act o n the honor ab le treatmen t of per sons of dist inguis hed serv ices toMay 18 Dem oc ra tiz ati on mo vement and Mongolian law

In Law on rehabilitation and compensation for victims of political repression of

the Mongolia described following compensations.

Family members of persons, who executed to death and persons punished to

prison if they dead instead their family members will get as million tugrug

(Mongolian currency)

In the other cases will allow as 500000 tugrug

If related person was seized their houses due to repression and have not had

houses so far, governor, who is for their residence area, shall allow a house

to them.

Other honorable treatments for victims

From these, allow a house and support other honorable treatments are similar

to honorable treatments described in Act on the honorable treatment of persons of

distinguished services to May 18 Democratization movement. It contains several

treatments for victims such as discounted or freely price of medical treatment,

recovery treatment, reallow seized reputation, prizes and titles and discounted or

freely costs for house or tents (national house).

Act on the honorable treatment of persons of distinguished services to May

18 Democratization movement includes following honorable treatments for persons



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of distinguished services to May 18 Democratization Movement.

Educ ati on al sup po rt : Survivors and bereaved family can providededucational supports by Government for study in high school, university,

institutes, college and other professional training. They are eligible to

exemption tuition fee and other school expenses.

Emp lo yment su pp or t : The State shall provide persons of distinguishedservices to the May 18 Democratization Movement as well as survivors or

families of such persons with employment support necessary for the stability

of their livelihoods and for their self-realization.

Medica l sup por t: The State shall provide persons of distinguished servicesto the May 18 Democratization Movement as well as survivors or families of

such persons with that medical support which is necessary for them tomaintain healthy life to receive necessary medical care, prostheses,

convalescent care and medical rehabilitation.

Lo ans : In order to ensure the self-sufficiency and livelihood stability ofpersons of distinguished services to the May 18 Democratization Movement

and survivors of such persons, the State may provide them with low-interest

loans which will be repayable on a long-term basis. Loans are following

categories such as loans for the purchase of farmland, loans for houses, loans

for business and loans for stability of livelihood.

Other sup po r t : Persons of distinguished services to the May 18Democratization Movement or survivors of such persons who are men of

sixty-five years or more or women of sixty years or more and who have no

dependent families can be supported by national facilities for the aged. In this

case, spouses of persons of distinguished services to the May 18

Democratization Movement may be supported together with persons to be

provided with support for the aged as determined by the Minister of Patriots

and Veterans Affairs. Also a person wounded in the May 18 Democratization

Movement and persons who directly care for these persons who is found

having trouble in moving without the assistance of another, and use the

transportation facilities, may be allowed to use the transportation facilities of

the Stare, local government and public agencies.

Unit 3: Di fference s and cor respo ndenc es of Korean and



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Mongolian acts

Cor resp onde nce : The correspondence both of these acts are described bytheir purpose. The purpose both of these acts are following:

Rehabilitate repressed persons and recovery their reputation

To devise the stabilization of livelihood and improvement of welfare

Further to contribute to the unity of people and development of

democratization

Offer material compensation

Delete other consequences of political repression.

Prevention further political repression and action againts democracy.

Differen ce: However, both of these acts have correspondence related bytheir purpose, there are some differences also. There are following differences:

Type of com pen sat io n: Type of compensations offered by Mongolian laware not many. It is a one-time cash compensation of between 500000 tugrug

or 1000000 tugrug. This is because most victims of political repression or

their children are dead or are too old and survivors have already achieved a

stabil live. Therefore they prefer to redeem their impaired reputation rather

than accept the offer of material compensation. Compared to the Mongolian

Law, the Korean Law allocates more areas that can be covered through the

compensation. For example in the Korean law, the compensation covers

support for education, employment and medical treatment. The compensation

also depends on the age and health condition of the victims or their bereaved

family. This is because in Mongolia, most of the victims and their family

members were older and had already managed to have a stabil life. However

in the Korean case, many of the victims and surviving family members werefrom the young and midle-aged segment of society. Many of them either died

or became disabled. Due to this, there was a need for regular treatment for

wounded persons, proper financial resources to support the education of the

children from bereaved families, as well as ensuring that the victims and their

families had proper employment to rebuild their lives and provide their

surviving family members with the necessary support to carry on with their

lives. So if a victim perished during the May 18 Uprising, the compensation

which was due to them was given to their surviving family members.



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Cyc le of com pen sat io n: Victims or their bereaved family gain only one-time cash compensation from the State by Mongolian law. Compared to the

Mongolian Law, compensations and supports which described by Korean law

continue during many years.

Unit 4: Sum mar y

Most important outcome of the Law on rehabilitation and compensation of

victims of political repression is that people or their bereaved family who lost their

life, health, freedom and property due to structural faults in the political, economy,

social and ideological aspects could redeem their impaired reputation and accept

material compensation.

Through the Special act on the May 18 Democratization Movement and

other related acts, victims who struggled for democracy, human rights and freedom or

their bereaved family members were recognized by the State as having struggled

faithfully for the sake of democracy.

Finally, in my opinion, the enactment and fulfillment of both of these laws is

becoming one important evidence that the most honorable and equal society is a

society that prefers democracy and human rights.


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