"No Statute of Limitations for Martial Law Prosecution"... Martial Law Deterrent Measure Passes National Assembly Judiciary Committee Subcommittee

The Judiciary Committee Subcommittee Passes 6 Bills
Public Hearing on the 'Commercial Act Amendment' Scheduled for the 30th

A bill that excludes the statute of limitations for 'anti-human rights state crimes,' including martial law, has passed the 1st Subcommittee on Legislative Affairs of the National Assembly's Legislation and Judiciary Committee (Law Committee). The bill that passed the subcommittee can be submitted to the plenary session after going through the full Law Committee meeting.

Kim Seung-won, the opposition party secretary and subcommittee chairman of the Law Committee and a member of the Democratic Party, announced on the 19th at the National Assembly after reviewing the bill, "We passed six bills today." He added, "Among the major bills, the 'Anti-Human Rights State Crime Statute of Limitations Bill,' which allows for continuous investigation and punishment when anti-human rights crimes are committed by the state, was passed."

Kim Seung-won, Chair of the 1st Subcommittee on Bill Review, National Assembly Judiciary Committee. Photo by Kim Hyun-min

He explained, "The statute of limitations will also be excluded when investigative agencies commit murder, assault, or harsh acts during investigations." Furthermore, referring to the December 3 martial law incident, he said, "The same applies if martial law succeeded or if bloodshed occurred among citizens," adding, "This is a human rights declaration that whoever the command authority is, they will be pursued and punished to the end."

On the same day, the subcommittee also passed amendments to the Military Court Act and the Corruption Investigation Office for High-ranking Officials (CIO) Act. Subcommittee Chairman Kim said about each bill, "These are supplementary measures requested by civilian investigative agencies when the military fails to transfer cases as required," and "Also, the CIO Act was amended to lower the required legal experience for investigative prosecutors to five years." The amendment to the CIO Act was made with the intention of allowing more legal professionals to apply as CIO prosecutors.

Earlier that day, the subcommittee adopted a plan to hold a public hearing related to the Commercial Act amendment bill. Regarding this, Chairman Kim explained, "At the public hearing on the 30th, we will see how to most efficiently and clearly incorporate the meaning of 'shareholder protection,'" adding, "We will strive to create provisions that make expressions such as 'majority shareholder interests' and 'proportional interests' the most predictable." The Democratic Party is pushing legislation to include directors' fiduciary duties to shareholders through amendments to the Commercial Act.