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Recommendation on legislation of the Special Act concerning Compensation for Samcheong Education Camp [2003] KRNHRC 31 (10 March 2003)

On August 4, 1980, the National Security Committee arrested hundreds of
citizens without warrants under a special measure to eradicate social ills and
committed them to the Samcheong Education Corps established in the Army for
compulsory correctional training. A number of human rights violations were
committed in detention. It was found that the some of the victims who had
been taken to the Educational Corps by force died from intestinal ruptures,
concussions, and suffocation while in training due to cruel acts by the Army,
and others have been suffering various kinds of medical problems in the years
since the training.

The victims of the Samcheong Education Corps demanded that the
government pay compensation and restore their damaged reputations, as well as
legislate a special act and criminally prosecute those responsible for abuse in the
training. The government responded repeatedly that it would decide how to
handle the requests after collection opinions from relevant ministries, declaring
that that it could not take immediate action due to the financial burden that
would be incurred. The government promised that the President of Korea
would deliver a statement to the people concerning the damage and injury
caused by the Samcheong Education Corps. However, this promise has not
been fulfilled. Victims of the Educational Corp filed complaints with the
Ministry of National Defense, but the government did not follow up.

The victims of the Samcheong Educational Corp filed petitions with the
Commission a number of times for compensation for damages and restoration
of damaged reputations. These complaints were `rejected' under Article 32 of
the National Human Rights Commission Act, which stipulates `the Commission
shall reject a petition if it is filed after one or more years have elapsed since
the facts causing the petition happened.' However, considering the seriousness
of the violations of the human rights of the victims at the Training Corps, the
Commission examined the state of damages at the time of training, the action
the government had taken to compensate for such damages, the demands of the
victims, and the opinions of the government, judicial court, and the Presidential
Truth Commission on Suspicious Deaths.

The Commission concluded that, given various special laws legislated
including the `Special Act Relating to Compensation for Victims of the May 18
Gwangju Democratization Movement, etc.' and `Special Act of Truth and
Restoration for April Third, the 1948 Incident in Jeju,' legislation of a special
law concerning victims of the Samcheong Education Corps was needed so that
investigation of the truth for the entire process of the Educational Corps and
remedial measures for the victims and bereaved families, who had been refused
any legal recourse, should be taken promptly.

On March 10, 2003, the Commission made a recommendation to the Speaker
of the National Assembly and the Minister of National Defense that a special
law be legislated. The recommendation was accepted, and on December 29,
2003, the `Bill of Restoration and Compensation for Victims of the Samcheong
Educational Corps' was passed by the National Assembly. The Ministry of
National Defense will establish a `Committee for the Restoration and
Compensation for Victims of the Samcheong Education Corps' under the Office
of the Prime Minister, and receive applications for compensation from the
victims and bereaved families starting in August 2004.