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CHAPTER 6 : PENAL PROVISIONS

 

Article 56 (Obstruction of Performance of Human Rights Protection Duties)

  (1) A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 30 million won:

  1. A person who assaults or intimidates a commissioner or staff member of the Commission who performs affairs thereof;

2. A person who assaults or intimidates a commissioner or staff member of the Commission for the purpose of coercing or hindering any act in relation to the performance of duties of the said commissioner or staff or compelling him/her to resign his/her office;

3. A person who obstructs the performance of duties of a commissioner or staff member of the Commission by any deceitful plan; and

  4. A person who destroys, falsifies or alters any evidence related to the case of the violation of any other person's human rights subject to the investigation by the Commission under Chapter of this Act, or uses any such evidence as so falsified or altered.

  (2) If blood relatives or the head of house of any person, or family members living with him/her commit a crime under paragraph (1) 4 for him/her, they shall not be punished.

 

Article 57 (Obstruction of Preparation of Written Petition)

  A person who fails to permit or obstructs any petition in violation of the provision of Article 31 shall be punished by imprisonment for not more than 3 years or by a fine not exceeding 10 million won. (The date of enforcement is November 25, 2001.)

 

Article 58 (False Impersonation)

  A person who exercises the authority of the Commission by falsely pretending to be a commissioner or its staff in violation of the provision of Article 51 shall be punished by imprisonment for not more than 2 years or by a fine not exceeding 7 million won.

 

Article 59 (Disclosure of Secret)

  A person who discloses any such secret as coming to his/her knowledge acquired by him/her in the course of performing his/her duties in violation of the provision of Article 52 shall be punished by imprisonment with or without labor for not more than 2 years or by qualification suspension for not more than 5 years.

 

Article 60 (Obstruction of Urgent Relief Measures)

  A person who obstructs the measures taken by the Commission under the provision of Article 48 (1) or (2) shall be punished by imprisonment for not more than one year or by a fine not exceeding 5 million won.

 

Article 61 (Violation of Guarantee of Petition Right of Detainee)

  A person who violates the provisions of Article 31 (6) or (7) shall be punished by a fine not exceeding 10 million won.

 

Article 62 (Legal Fiction as Public Official in Application of Penal Provisions)

  Any person other than a public official from among the commissioners of the Commission shall be deemed to be a public official in the application of penal provisions under the Criminal Act or any other Act.

 

Article 63 (Fine for Negligence)

  (1) A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding 10 million won:

  1. A person who refuses, obstructs or evades either a visit and investigation under the provision of Article 24 (1) or an on-site inspection under the provision of Article 36 without any justifiable reason;

  2. A person who fails to comply with the request for submitting a written statement or presenting himself/herself by the Commission under the provision of Article 36 (1) 1 or (2) without any justifiable reason; and

  3. A person who fails to comply with the request for submission of materials and the reference for any fact under the provisions of Article 36 (1) 2 and 4 or (5) without any justifiable reason, or submits false materials.

  (2) A person who violates the provisions of Article 53, shall be punished by a fine for negligence not exceeding 3 million won.

(3) A fine for negligence as prescribed in paragraphs (1) and (2) shall be imposed by the president of the Commission in accordance with the Presidential Decree.

(4) A person who is dissatisfied with any disposition of fine for negligence as prescribed in paragraph (3) may raise an objection to the president of the Commission within 30 days after being notified of such disposition.

  (5) If a person who is subject to a disposition of fine for negligence under paragraph (3) raises an objection under paragraph (4), the imposition authority shall, without delay, notify the competent court, which, in turn, shall proceed to a trial on a fine for negligence pursuant to the Non-Contentious Case Litigation Procedure Act.

  (6) If an objection is not raised within the period as prescribed in paragraph (4) and a fine for negligence is not paid, the fine for negligence shall be collected by referring to the practices of dispositions on default of national taxes.

 

Posted on 2002-06-28



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