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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 Ⅳ 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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