The May 18 Memorial Foundation International Cooperation Team

Comparison of “Special Act on the May 18

Democratization Movement” and other related acts
in South Korea and “Law on Rehabilitation and
Compensation for Victims of Political Repression” in
Mongolia

Final report of research work

by

Tumenbayar Chuluunbaatar
2007 International Intern

Conten ts

1. Brief history of political repression in the Mongolia in 1922-1989 and May 18

Democratic Uprising in South Korea in 1980.
2. Comparison of acts:
 “Special act on the May 18 Democratization Movement” and Mongolian law
 “Act on compensation, etc. for the persons related to the May 18
Democratization Movement” and Mongolian law
 “Act on the honorable treatment of persons of distinguished services to May
18 Democratization movement”
3. Differences and correspondences of Korean and Mongolian acts
4. Summary

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The May 18 Memorial Foundation International Cooperation Team

Unit 1: Brief h istory of pol itical repression in Mongolia in

19 22- 19 89 and
May 1 8 De mocrati c Upr ising in South K orea in 1 98 0

Po lt ic al rep ressi on in Mo ng ol ia : In 1921, Mongolia got an independence.

Then in 1924, the Mongolia chose socialist system by Mongolian first constitution
enacted in that year. Thereafter, till 1989, by influence of the socialist regime, one
party system and communist Russia, there were some political repression againts
patriots, politicians, intellectuals and monks for their different political viewpoint,
religion, social manner, ancestry and ethnicity. For these reasons, approximately
30000 persons got death sentence, prison and banishment during the political
repression. Normally, political repression can be divided in 3 parts by period.
Hereinafter:
1. 1922-1932. Political repression against politicians. They got death sentence
and prison by false political crimes for their different viewpoint of economy
and political system.
2. 1932-1945. Main victims were monks, minority ethnics and aristocracies.
They got death sentence, prison and seizure their properties for their religion,
ethnicity and ancestry.
3. 1960-1989. Political repression at that time focused to intellectuals. They
usually got prison or banishment for their viewpoint and their criticism against
wrong things in politic and economy system at that time.

From 1990, In Mongolia won democratic movement. Thereafter the Mongolia

became a democratic, open-market economy country. Then, in 2 January 1998,
Mongolian parliament legislated “Law on rehabilitation and compensation for victims
of political repression.” By this law, related person to political repression or their
bereaved family gained compensation and the Government officially rehabilitated
them and announced their blameless.

Ma y 18 Dem oc ra tic Upris ing : In May 1980, there was held an uprising by
students and citizens in Gwangju for democracy and against military regime. During
the uprising, many citizens of Gwangju were killed by soldiers. The victims of uprising
numbered 4369 all told: 154 killed, 74 missing, 4141 wounded (including the dead due
to it). After launched democratic government, there was legislated “Special act on the

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The May 18 Memorial Foundation International Cooperation Team

May 18 Democratization Movement” and other acts for compensation, honorable

treatment to victims of the May 18 uprising.

Unit 2: Comparison of acts

“S peci al act s on t he Ma y 18 D emo cra tiz ati on M ov ement ” and M on go li an

law

Here are comparisons of “Special acts on the May 18 Democratization

Movement” in South Korea and “Law on rehabilitation and compensation for victims of
political repression” of the Mongolia.
Table 1

Spe ci al a cts o n the May 18 La w on re hab ili tat io n and

Comp ari so n Demo cr ati zat io n Mo vemen t comp ens ati on fo r vi ctims of
in Sout h Ko rea po li tic al repres sio n
Objective and Devise the stabilization of Allow compensation,
tasks (extent livelihood and improvement of rehabilitation and regain the
service of welfare, and further to impaired reputation to repressed
laws) contribute to the unity of people persons related to illusive
and development of political crimes and
democratization as well by discriminated for political
having the dead, missing or viewpoint, religion, social
wounded persons related to the manner and ethnicity during in
May 18 Democratization 1922-1989.
Movement before and after May
18, 1980 and the bereaved
family regain the impaired
reputation and by offering
material compensation
accordingly.
Persons, who Following persons, who related Following persons, who related
will get to the May 18 Democratization to illusive political crimes, have
compensation Movement before and after May right to earn compensation.
18, 1980 have right to get Herein:
compensation. Herein:  Persons who executed to
 Dead persons and their death due to illusive
bereaved family political crimes and their

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The May 18 Memorial Foundation International Cooperation Team

 Missing persons and their bereaved family

bereaved family  Persons who executed to
 Wounded persons prison, Investigated and
banished due to political
repression and their
bereaved family
Account and Account and type of Compensations have 2 types and
type of the compensations are different. It allow only once. Herein:
compensations depend grade of impediment,  Family members of
proportion of working power and persons, who executed to
number of family members. death and persons punished
to prison if they dead
instead their family
members will get as million
tugrug (Mongolian
currency)
 In the other cases will
allow as 500000 tugrug.
Who is subjects  The Committee for  The State Committee on
to organize Assistance in organizing rehabilitation
process Indemnification (consist of work (consist of 9
compensation 15 members including the members including vice
Prime Minister, Minister of speaker of Parliament and
Finance and Economy etc.) Minister of Finance etc.)
 The Committee for  The subcommittees of
Deliberation of capital and provinces
Indemnification (consist of  Governor of district and
15 or less members sum (sum is primary
including the Mayor of administration unit of
Gwangju City, president of Mongolia)
Chonnam National
University etc.)

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The May 18 Memorial Foundation International Cooperation Team

“A ct on com pen sat io n, etc . for t he per so ns rel ated to the M ay 18

Demo cr ati zat io n Mo vemen t” and M on go li an law

Here are comparisons of “Act on compensation, etc. for the persons related
to the May 18 Democratization Movement”, “Enforcement decree of the act on
compensation, etc. for persons related to the May 18 Democratization Movement ” in
South Korea and “Law on rehabilitation and compensation for victims of political
repression” of the Mongolia.

Table 2

Act a nd enfor cement decree

on c om pens ati on , etc . for Law o n reh abi lit ati on a nd
Com pa ris on pers on s rel ated to t he Ma y comp ens ati on of v ic tims of
18 Dem oc ra tiz ati on po li tic al repres sio n
Mov ement
Repressed persons or their
Related persons to the May 18 bereaved family (hereinafter
Democratic Movement or their referred to as the “related
bereaved family (hereinafter persons”) shall claim for
referred to as the “related compensation to the first
Whom does it
persons”) will make application instance court where locate in
apply or claim
in writing to the Indemnification their residences, when after
for
Deliberation Committee (IDC) for decision of Supreme Court,
compensation
compensation. It shall be General Prosecutor’s Office or
together with documentary first instance court regarding to
evidences that proving their rehabilitation persons, who were
eligible to get compensation. sentenced for political
repression.
Type of - Amount gained by multiplying - Family members of persons,
indemnity the monthly salary, take- who executed to death and
home wage or average persons punished to prison if
monthly remuneration at the they dead instead their
time when the person died or family members will get as
went missing confirmed as million tugrug (Mongolian
having died or having gone currency)

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The May 18 Memorial Foundation International Cooperation Team

missing with regard to the

May 18 Movement by the
period that person is
expected to work
- The amount of loss during
medical treatment where loss
has occurred to monthly
salary, take-home wage or
average monthly - In the other cases will allow
remuneration due to as 500000 tugrug
necessary medical treatment - If related person was seized
- The amount by multiplying their houses due to
the monthly salary, take- repression and have not had
home wage or average houses so far, governor, who
monthly remuneration at the is for their residence area,
time when the person shall allow a house to them.
wounded by the rate of loss
of working power and period
that he/she is expected to
work.
- Assistance money to the
related person or bereaved
family in order assistance in
the livelihood
Period to The IDC shall decide whether to The first instance court shall
make decision pay indemnity or not within 90 make decision to pay indemnity
whether to days from the date when it to related persons along the
pay indemnity received application for decision of rehabilitation within
or not. compensation and deliver written in period as prescribed Civil
decision to the applicant. It shall Procedure Law. This period is 60
be within 120 days for missing days from the date when it
persons. received claim.
Reexamination If related persons who applied
for compensation have objection
for written decision of the IDC,
they can make application for

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The May 18 Memorial Foundation International Cooperation Team

reexamination to the IDC within

30 days from the received date
of written decision. In this case
the IDC shall decide within 60
days.
Consent a When the applicant who has been Related persons will make an
decision and delivered decision intends to application for payment of
apply for receive indemnity, they shall indemnity into province financial
payment of request the IDC to pay the office or district financial office
compensation compensation together with a where located in their
letter of consent to the decision. residences. It shall submit
together with decision for
compensation of the first
instance court.
Paying Indemnity was decided by the The province or district financial
organization IDC shall be paid by the Mayor of office shall allow the
and period of Gwangju Metropolitan City within compensation to related persons
payment 15 days from the date when under control of the
there was a request for payment Subcommittee on organizing
of compensation. rehabilitation work of capital and
provinces. Period of payment is
within 30 days from the received
date for payment of
compensation.
Expire right of Right of indemnify shall be Right to get indemnity for
indemnity expire after one year from the repressed persons shall be
date the original written decision expire when they had not applied
of payment has been delivered to for indemnity within 3 years
the applicants and applicants had when they received decision of
not applied for indemnity during Supreme Court, General
this period. Prosecutor’s Office or first
instance court regarding to
rehabilitation them.

Redemption of The State may redeem indemnity The State may redeem indemnity
indemnity for the following reasons: for the following reasons:
- Where he/she has been paid - Where he/she has been paid

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The May 18 Memorial Foundation International Cooperation Team

indemnity by means of deceit indemnity by means of

or other illegal method deceit or other illegal
- Where he/she has been paid method
by mistake - Where he/she has been paid
- Where the person confirmed by mistake
as missing with regard May
18 movement has been
proved to be alive, or proved
to have died or gone missing
without any relation to the
May 18 Movement

“Act o n the h on or ab le treatmen t of per so ns of dist in guis hed serv ices to

Ma y 18 Dem oc ra tiz ati on mo vement ” and M on go li an law

In “Law on rehabilitation and compensation for victims of political repression” of

the Mongolia described following compensations.
 Family members of persons, who executed to death and persons punished to
prison if they dead instead their family members will get as million tugrug
(Mongolian currency)
 In the other cases will allow as 500000 tugrug
 If related person was seized their houses due to repression and have not had
houses so far, governor, who is for their residence area, shall allow a house
to them.
 Other honorable treatments for victims

From these, allow a house and support other honorable treatments are similar
to honorable treatments described in “Act on the honorable treatment of persons of
distinguished services to May 18 Democratization movement.” It contains several
treatments for victims such as discounted or freely price of medical treatment,
recovery treatment, reallow seized reputation, prizes and titles and discounted or
freely costs for house or tents (national house).

“Act on the honorable treatment of persons of distinguished services to May

18 Democratization movement” includes following honorable treatments for persons

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of distinguished services to May 18 Democratization Movement.

 Educ ati on al sup po rt : Survivors and bereaved family can provided
educational supports by Government for study in high school, university,
institutes, college and other professional training. They are eligible to
exemption tuition fee and other school expenses.
 Emp lo yment su pp or t: The State shall provide persons of distinguished
services to the May 18 Democratization Movement as well as survivors or
families of such persons with employment support necessary for the stability
of their livelihoods and for their self-realization.
 Medica l sup po rt: The State shall provide persons of distinguished services
to the May 18 Democratization Movement as well as survivors or families of
such persons with that medical support which is necessary for them to
maintain healthy life to receive necessary medical care, prostheses,
convalescent care and medical rehabilitation.
 Lo ans : In order to ensure the self-sufficiency and livelihood stability of
persons of distinguished services to the May 18 Democratization Movement
and survivors of such persons, the State may provide them with low-interest
loans which will be repayable on a long-term basis. Loans are following
categories such as loans for the purchase of farmland, loans for houses, loans
for business and loans for stability of livelihood.
 Other sup po rt : Persons of distinguished services to the May 18
Democratization Movement or survivors of such persons who are men of
sixty-five years or more or women of sixty years or more and who have no
dependent families can be supported by national facilities for the aged. In this
case, spouses of persons of distinguished services to the May 18
Democratization Movement may be supported together with persons to be
provided with support for the aged as determined by the Minister of Patriots
and Veterans Affairs. Also a person wounded in the May 18 Democratization
Movement and persons who directly care for these persons who is found
having trouble in moving without the assistance of another, and use the
transportation facilities, may be allowed to use the transportation facilities of
the Stare, local government and public agencies.

Unit 3: Di fference s and cor respo ndenc es of Korean and

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Mo ngolian acts

Cor resp onde nce : The correspondence both of these acts are described by
their purpose. The purpose both of these acts are following:
 Rehabilitate repressed persons and recovery their reputation
 To devise the stabilization of livelihood and improvement of welfare
 Further to contribute to the unity of people and development of
democratization
 Offer material compensation
 Delete other consequences of political repression.
 Prevention further political repression and action againts democracy.

Differen ce: However, both of these acts have correspondence related by

their purpose, there are some differences also. There are following differences:
 Type of com pen sat io n: Type of compensations offered by Mongolian law
are not many. It is a one-time cash compensation of between 500000 tugrug
or 1000000 tugrug. This is because most victims of political repression or
their children are dead or are too old and survivors have already achieved a
stabil live. Therefore they prefer to redeem their impaired reputation rather
than accept the offer of material compensation. Compared to the Mongolian
Law, the Korean Law allocates more areas that can be covered through the
compensation. For example in the Korean law, the compensation covers
support for education, employment and medical treatment. The compensation
also depends on the age and health condition of the victims or their bereaved
family. This is because in Mongolia, most of the victims and their family
members were older and had already managed to have a stabil life. However
in the Korean case, many of the victims and surviving family members were
from the young and midle-aged segment of society. Many of them either died
or became disabled. Due to this, there was a need for regular treatment for
wounded persons, proper financial resources to support the education of the
children from bereaved families, as well as ensuring that the victims and their
families had proper employment to rebuild their lives and provide their
surviving family members with the necessary support to carry on with their
lives. So if a victim perished during the May 18 Uprising, the compensation
which was due to them was given to their surviving family members.

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 Cyc le of com pen sat io n: Victims or their bereaved family gain only one-
time cash compensation from the State by Mongolian law. Compared to the
Mongolian Law, compensations and supports which described by Korean law
continue during many years.

Unit 4: Sum mar y

Most important outcome of the “Law on rehabilitation and compensation of

victims of political repression” is that people or their bereaved family who lost their
life, health, freedom and property due to structural faults in the political, economy,
social and ideological aspects could redeem their impaired reputation and accept
material compensation.
Through the “Special act on the May 18 Democratization Movement” and
other related acts, victims who struggled for democracy, human rights and freedom or
their bereaved family members were recognized by the State as having struggled
faithfully for the sake of democracy.
Finally, in my opinion, the enactment and fulfillment of both of these laws is
becoming one important evidence that the most honorable and equal society is a
society that prefers democracy and human rights.

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