The mission of the Truth and Reconciliation Commission Korea (TRCK) is quite different from previous transitional justice efforts such as the ``Presidential Truth Committee on Suspicious Deaths,'' due in large part to the emphasis on reconciliation.
The full title for the commission mentioned in parenthesis above is the Presidential Truth Commission on Suspicious Deaths in the Military. As indicated in its name, there's a clear distinction in its scope of investigation compared with our commission. It only deals with cases in the military, while TRCK deals with overall human rights abuses during Korea's democratization. Other commissions in Korea involved in related truth-finding work investigate distinctive areas, covering either different time periods or different sectors of society.
Truth-finding work is an initial step to reach a possible reconciliation. Without it, the achievement of reconciliation would be practically impossible.
All of the above-mentioned commissions are dedicated to uncovering the truth from past wrongdoings. In this sense, they share the same qualifications, to investigate cases for reconciliation, which is the fundamental goal of all truth-finding activities.
The TRCK does not have any authority to prosecute or provide economic compensation to petitioners, but it has the right to investigate filed cases, submit investigated reports to the President and parliament twice a year, and afterwards, report its findings to anybody interested.
Although the commission doesn't have direct authority to prosecute, petitioners are still empowered by being allowed to use the commission's findings for judicial settlements, often resulting in some form of compensation.
Measures used to seek reconciliation between perpetrators and victims include:
― Truth-telling through commission's investigative reports
― Recommendations to public authorities to give formal apologies to victims
― Judicial settlements
― Restoring honor to the victims by establishing memorials, monuments or conducting memorial services, etc.
The investigative scope of the commission largely covers three different areas ― overseas independence movements during the Japanese colonial rule of Korea (1910-1945), mass civilian sacrifices before and during the 1950-1953 Korean War and human rights abuses during Korea's democratization.
There were previous efforts to seek truth and settle past wrongdoings. In 1948, a special law was passed to prosecute Japanese collaborators during Japan's colonial regime, yet it was annulled in 1951; this law is largely acknowledged as unsuccessful and a large number of those accused of collaborating with the Japanese occupational government were never brought to trial. Many even prospered during the U.S. occupational government, the military dictatorships and to this today.
Although, during the period of military dictatorships in Korea little attention was given to truth-finding work in the governmental arena, there were constant movements among civil groups and the public; the Gwangju democratization movement in 1980, the student demonstration at Konkuk University in 1987, etc. These are good examples of how people and civil groups continued to pursue the truth even under severe authoritarian repression.
In 1995, a valuable lesson was proven with the prosecution and sentencing of two former authoritarian rulers of Korea, Chun Doo-hwan and Roh Tae-woo, showing even successful coups can be punished.
Systematically implemented truth-finding work at the governmental level only began when former President Roh Moo-hyun took office in February 2003.
A memorandum of understanding (MOU) was recently signed with Chile in the area of transitional justice.
Many other countries share similar stories to that of Korea, thus leaving responsibilities of settling the past to all. As well as the countries involved in World War I and II, there are still many countries out there offering exemplary stories in regard to truth-finding work.
Among those, we can easily see cases from South Africa, Chile, Argentina, Peru, Rwanda, Cambodia, Indonesia, Spain, Canada and the United States.
The TRCK endeavors to build an international alliance to make the truth-finding process easier for the respective nations involved. Currently, we're working toward developing an MOU with Argentina. For more information, visit http://jinsil.go.kr/English/index.asp
