Laws Information

Title: Act Governing the Recovery of Damage of Individual Rights during the Period of Martial Law
Am Date: 2000-02-02
Legislative History: Amended on February 02, 2000



Article 6-1
Any indivisual who submits a claim to the court for the recovery of damage of right or monetary compensation according to this Act, shall present information for investingation and certification, and the presentation of administrative written decision、written judgment or relevant document ,is not limited to the authentic copy.
Article 6
Under one of the following circumstances,during the period of martial law, any individual who has been convicted of the offenses sedition or treason,or the crimes under the Statute for the Punishment of Treason or Statute for the Eradication of Communist Espionage may petition the district court having proper jurisdiction for national tort claims, and the relevant provisions of the Law of Compensation for Wrongful Detentions and Executions are applicable, mutatis mutandis, in this regard.
1. those who have been arrested and restricted on personal freedom but released by the police department on its own initiative for lack of evidence,or
2. those who have been detained or not being released in accordance with the law before or after the non-prosecution ruling,or
3. those who have been detained or received execution of sentences but have been affirmatively found innocent,or those who haven’t been released in accordance with the law after having been affirmatively found innocent,or
4. those who have completed their guilty judgment, reformatory education or disciplinary sentences for the conviction but not released in accordance with the law,
The claim as specified in the preceding paragraph is extinguished by prescription if it is not exercised within two five years from the date of the coming into force of this Act.