OhMyNews Article:
“The Truth Left Behind: Incomplete Reconciliation" (Part 1) Truth Is Not The Spoils of the Victor”

Thanks to Chang Seon Kim for the link.
Posted to Paperslip on March 31st, 2025.
Translation via ChatGPT.
Bolds and red highlighting ours.

For many other related articles (KOREAN / Untranslated) please see -
"Preparation Meeting for the White Paper of Truth Investigation Officials -A white paper preparation meeting for former investigators of the Truth and Reconciliation Commission."

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Paperslip Note:

We are sharing this older article from November 6th, 2024 which explores the limitations of the (previous) Truth and Reconciliation Commission of Korea (TRCK) investigations.

Please note that the article below does NOT discuss the 2022-2025 TRC / TRCK which investigated human rights abuses within Korean Adoption.

This article helps to give context to the current (as of March 31st, 2025) TRC (which began in 2022 and concludes in May 2025), which included an investigation into human rights abuses within Korean Adoption.

This article also helps to contextualize how prior victims who submitted cases to the TRC victims might continue to engage, in the aftermath of the TRC investigations.

We believe that while the Truth and Reconciliation Commission (TRC) has acknowledged human rights abuses and the Korean government has accepted responsibility, this may not significantly impact the success of Korean Adoptees’ birth family searches conducted through organizations like NCRC / KAS, Jumin Centers, City Halls, and the Korean police. Although it’s commendable that the TRC investigated several adoption cases, we remain uncertain about the tangible difference it will make in the lives of adoptees.

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“The Truth Left Behind: Incomplete Reconciliation" (Part 1)] Truth is not the spoils of the victor.

”OhmyNews (Star) allows anyone to write articles.
Society

Why do we publish a white paper on the Truth Commission?

[Before the series “The Truth Left Behind: Incomplete Reconciliation" (Part 1)] Truth is not the spoils of the victor.”

11.06.24 16:14 | Last updated 11.06.24 16:14 | Truth Commission Research Group (jinsil2500)

Last year, the activities of the Truth and Reconciliation Commission (hereafter the Truth Commission) came to an end. However, not all truths have been revealed, and the pain of victims and their families remains unhealed. In response, former investigators of the Truth Commission have been preparing a "White Paper" since the beginning of this year, and this series is part of the completion of that work. It aims to present the fragments of truth in a more accessible way, moving beyond the rigidity of official reports.
[Editor's Note]

▲ A skull, believed to be the remains of a victim, uncovered at the Sangnae Collective Victim Site in Daejeon. ⓒ Shim Gyu-sang
[View related photos]

We mark the 61st anniversary of the tragic fratricidal war known as the Korean War. It is commemorated as the largest event in the history of our people over the past 2000 years, the "Korean War Memorial Day." This war resulted in the deaths or injuries of at least 5 million soldiers and civilians, and 10 million families suffered the pain of separation.

Though it was a three-year war, everything happened in an instant. The country faced the horrors of war even before resolving the legacies of colonialism, followed by a long dark era of dictatorship. Over the 61 years that have passed since then, the unresolved history has accumulated, weighing heavily upon us.

From the Anti-Communist Special Committee to the Truth and Reconciliation Commission.

About six months ago, the "Truth and Reconciliation Commission for Historical Truth" (2005-2010, hereafter the Truth Commission) was dissolved. It was established as an independent, temporary national organization with the purpose of uncovering the distorted and hidden truths of our modern history, which includes colonialism, war, and dictatorship, in order to establish the legitimacy of the nation and contribute to national unity through reconciliation with the past. Over approximately four years and eight months, it received over 10,000 applications from the public and conducted truth-finding investigations.

The Truth Commission is positioned within a historical continuum that includes the "Anti-Communist Special Committee" immediately after liberation, the investigation of the Gwangju Incident following the April 19 uprising, the movement for the "Victims' Families Association," the legislative efforts for a "Special Court and Special Prosecutor's Office" to eliminate Syngman Rhee's dictatorship, as well as more recent laws such as the 1995 Gwangju Special Law, the 1996 Gohyang Incident Special Measures Act, the 2000 Jeju 4.3 Incident Special Law, the 2001 Democratization Movement Compensation Act, the Unexplained Deaths Act, the 2004 No Gun Ri Incident Special Law, and the Special Law for the Identification of Anti-National Activities.

Around the time of the Truth Commission's establishment, various investigative bodies were created within government agencies, including the "Development Committee for the Investigation of National Intelligence Agency Historical Cases" (2004-2007), the "National Police Agency Historical Investigation Committee" (2004-2007), the "Ministry of National Defense Historical Investigation Committee" (2005-2007), and the "Military Unexplained Deaths Investigation Committee" (2006-2009), all aimed at uncovering various allegations perpetrated by intelligence and investigative agencies under past dictatorial regimes.

Background of the Establishment of the Truth and Reconciliation Commission: The Persistent Efforts of Victims and Their Families for Truth

The establishment of Korea's Truth and Reconciliation Commission can be explained through two main factors. First, there was the persistent movement for truth-finding led by victims and their families following the Gwangju Uprising in 1980. In August 1986, the National Council of Families of the Victims of the Democratic Movement was founded. After 422 days of tent protests, the "Special Law on the Investigation of Unexplained Deaths" passed through the National Assembly in 1998, leading to the creation of the Unexplained Deaths Investigation Committee. This committee later became the legal and organizational foundation for the Truth and Reconciliation Commission.

During this period, activities by families of victims and various civic organizations regarding civilian massacres during the Korean War also gained momentum. In September 2000, the "National Committee for the Investigation of Civilian Massacres and Restoration of Honor during and after the Korean War" was established, marking the beginning of more active truth-finding and legislative efforts. On October 22, 2001, the "National Joint Committee for the Enactment of a Special Law on Civilian Massacres" was formed, consisting of 60 civic organizations such as the People's Solidarity for Participatory Democracy, the Korean Confederation of Trade Unions, and the Korean Bar Association. This day also witnessed the historic re-establishment of the "National Association of Victims' Families," which had been dissolved following the May 16 coup in 1961, after 40 years.

In 2004, President Roh Moo-hyun raised the need for "a comprehensive historical review based on universal principles" in his Liberation Day speech. In response, victims’ families and civic organizations formed the "National Committee for Proper Historical Resolution" to promote comprehensive legislation that would address unresolved cases of unexplained deaths and civilian massacres. They prepared a basic law proposal related to historical issues and engaged in legislative activities.

▲ On May 3, 2005, during an afternoon session of the National Assembly, the "Basic Law for Historical Reconciliation" was passed with 159 votes in favor, 73 against, and 18 abstentions, out of 299 members present. ⓒ OhmyNews Lee Jong-ho

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As a result of the cold protests and legislative activities that continued from the winter of 2004 through the spring of the following year, the "Basic Law for Historical Reconciliation" was finally enacted on May 3, 2005, fulfilling the wishes and efforts of the victims’ families.

Indeed, the victims and their families became an important example of grassroots truth-finding by "raising issues that had long been taboo during the legislative struggle and overcoming ideological divisions to pursue unified legislation."

The Global Context of Historical Reconciliation

Secondly, the Korean Truth and Reconciliation Commission can be understood within the global context of historical reconciliation. Efforts at the national level to uncover the truths of wars and massacres that occurred in colonized and semi-colonized countries under the rule of imperial powers began to take shape in the late 20th century. Currently, over 70 countries around the world are engaged in historical reconciliation efforts, each with different forms and content. Recently, Brazil's President Rousseff has also revived the "Truth and Justice Commission" that former President Lula was unable to complete.

In comparison to truth commissions in other countries, the scope of investigation by Korea's Truth and Reconciliation Commission is one of the broadest. It aimed to address nearly a century of history encompassing colonialism, war, and dictatorship. Thus, although the four-year investigation period was relatively long compared to other countries, there are criticisms that it was still too short for a thorough investigation.

While it is too early for a comprehensive evaluation, the Korean Truth and Reconciliation Commission is notable as one of the few cases where grassroots efforts led by victims, families, scholars, experts, and activists achieved legislation and prompted the state to engage in historical reconciliation. Various aspects of Korea's historical reconciliation movement—including victim applications, investigations initiated by the commission, statements from perpetrators and victims, investigation subjects and powers, recommendations for state apologies and reparations, judicial remedies post-truth-finding decisions, legislation on incomplete compensation for victims, and the establishment of historical foundations—provide important lessons and precedents for similar efforts worldwide.

Incomplete Historical Reconciliation

The Truth and Reconciliation Commission received applications for truth-finding from December 1, 2005, to November 30, 2006, through the commission, 246 local governments, and overseas offices. A total of 10,860 cases were submitted. By type, the breakdown is as follows: anti-Japanese independence movement cases—274 (2.5%), overseas Korean cases—14 (0.1%), civilian mass killings—7,922 (73.0%), cases related to hostile forces—1,687 (15.6%), human rights violations—612 (5.6%), and others—351 (3.2%). Notably, cases of civilian mass killings and those related to hostile forces accounted for 88.6% of all applications.

The majority of applicants were in their 60s, totaling 4,591 (42.3%), followed by those in their 70s with 2,612 (24.1%) and those in their 50s with 2,173 (20.0%). Overall, individuals aged 60 and above made up 7,757 (71.4%) of the total.

The Truth and Reconciliation Commission classified the 10,860 cases received based on the details in the applications, allocating them to three subcommittees: the Committee for National Independence Investigation, the Committee for Mass Victims Investigation, and the Committee for Human Rights Violations Investigation. Specifically, the Committee for National Independence Investigation received 288 cases, including 274 related to the anti-Japanese independence movement and 14 related to overseas Koreans. The Committee for Mass Victims Investigation was assigned 9,629 cases, including 7,922 civilian mass killings and 1,687 cases related to hostile forces. The Committee for Human Rights Violations Investigation handled 612 cases of human rights violations, while 351 cases classified as "other" were distributed among the subcommittees for review based on their relevance.

After four years and eight months of investigative activities, by June 30, 2010, the Truth and Reconciliation Commission had processed all 10,860 application cases, 15 cases investigated by the commission, and other cases that were separated or consolidated, totaling 11,174 cases.

The Truth and Reconciliation Commission consisted of a plenary committee of 15 members, including the chair, responsible for the commission’s major tasks and truth-finding deliberations and decisions. The first chair was Song Gi-in (Dec 1, 2005 - Nov 30, 2007), a priest and former chair of the Busan Democracy Movement Memorial Association. The second chair was Ahn Byeong-wook (Dec 1, 2007 - Nov 30, 2009), a professor at Catholic University and former representative of the Academic Council. The third chair was Lee Young-jo (Dec 1, 2009 - Dec 31, 2010), a professor at Kyung Hee University and former secretary-general of the Barun Society Citizens' Council. During the entire four-year period, there were a total of seven standing members and 30 non-standing members. The term for the members was two years, with the possibility of reappointment. Members were appointed based on a parliamentary agreement, consisting of four recommended by the president, three by the Chief Justice, and eight based on party representation according to the National Assembly's seat distribution. Most members came from academia (6-8 members) and the legal profession (6 members), while only 1-3 members were from the religious and political sectors.

As a result, the investigation of mass victim cases effectively granted immunity to the perpetrators.

ⓒ OhmyNews Kwon Woo-sung
[View related photos]

During the unprecedented investigation period, various contentious issues were raised. Problems that had sparked debate during the legislative process of the Basic Law for Historical Reconciliation began to surface one by one. In discussions within the National Assembly, the categorization of "victim cases by hostile forces," which had been included in the scope of investigation, was separated early in the process and assigned to the anti-Japanese independence investigation sector. This raised ongoing concerns about the appropriateness of the classification in terms of the nature of the cases and the efficiency of the investigations.

In cases of civilian mass killings during the war, confirming the status of "victims" was crucial as it served as the basis for verifying the claims made by applicants about the circumstances and legality of the deaths. However, with significant time having passed since the incidents, it became very difficult to find witnesses or relatives who could objectively testify about the events. Additionally, because each mass killing occurred under very specific and different circumstances, there was significant controversy over the objectivity and applicability of the criteria for determining victims. This confusion was evident even in the commission’s final truth-finding decision meetings regarding incidents such as U.S. bombing.

In determining the "illegality" of the actions that led to the mass killings, there were criticisms that an excessive emphasis on the intent and planning of the perpetrators effectively granted them "immunity," causing additional suffering for the victims' families.

Is the Roh Tae-woo Administration Not an Authoritarian Regime?

In cases of human rights violations, it has been pointed out that the commission's investigations into historically significant events outside of the applications were insufficient. Additionally, in cases like the allegations of abduction of fishermen and the espionage accusations against Korean residents in Japan, there was criticism that the commission failed to take more proactive measures regarding additional victims identified during the investigation process.

In particular, on January 19, 2010, the 121st plenary session decided to dismiss the case concerning allegations of abuse during the investigation of the May 3 Dongguk University fire, stating that "the Roh Tae-woo administration is not an authoritarian regime." This decision sparked significant controversy regarding the so-called "authoritarian rule period," attracting considerable attention both inside and outside the commission.

Internally, the commission continued to face challenges from frontline investigators, who raised concerns. Human rights organizations and groups like the Korean Bar Association argued, "The National Intelligence Service, the National Police Agency, and other state agencies have also dealt with human rights violations during the Roh Tae-woo administration. The Truth and Reconciliation Commission has addressed human rights violations from that period, so this dismissal decision is a self-contradiction based on irrational logic" (April 28, 2010).

The Truth and Reconciliation Commission's findings were welcomed by victims and their families, but they also provoked backlash and resistance from the perpetrators. The commission received ongoing appeals and complaints from those identified as responsible for torture, and following the truth-finding decisions regarding "enemy forces," North Korea condemned the commission, stating, "The Truth and Reconciliation Commission of South Korea has recently linked the civilian massacre incidents during the Korean War to us (North Korea), which is a violent distortion of history and truth" (July 17, 2008, statement from the North's spokesperson).

Truth Is Not a Spoils of War

▲ A grandmother wipes her tears during a site briefing on the "Sicheon Samjang Civilian Massacre" held by the Truth and Reconciliation Commission on July 6, 2006, at the Deoksan Cultural Center in Sancheong. ⓒ OhmyNews Yoon Seong-hyo

Last year, as the Truth and Reconciliation Commission concluded its activities within the legal timeframe, there arose a call from frontline investigators, scholars, experts, and victims' families for an evaluation of the commission's historical duties and overall investigative activities. Furthermore, many expressed the view that past events should not only be entrusted to the families of victims and a few scholars but should also be widely publicized among ordinary citizens to create opportunities for proper historical understanding.

Above all, the fact that victims and families of unresolved cases continue to suffer in silence motivates us to act. According to a 2009 survey by the Truth and Reconciliation Commission, the number of cases submitted to the commission is estimated to be less than 5% of all victim cases. More than 70% of the applicants are elderly, over 60 years old. There is an urgency here that cannot be delayed any longer. Even if aging victims pass away, it does not mean that history will be buried.

From late December 2006 to June 2007, the Truth and Reconciliation Commission investigated the psychological trauma of 514 individuals (414 men and 100 women) who applied for truth verification, aiming to enhance the reliability of the investigation and explore reconciliation measures in terms of treatment and rehabilitation.

According to this report, the rate of individuals with direct experience of related events suffering from Post-Traumatic Stress Disorder (PTSD) is 38.9% for civilian mass killings during and after the Korean War and 48.8% for cases of torture, abuse, and suspicious deaths during the authoritarian era.

Additionally, the rate of PTSD among second-generation family members is 26.7% for human rights violation victims, 19.5% for victims of mass killings, and 10.5% for incidents involving hostile forces or those related to the anti-Japanese independence movement. It was found that symptoms of PTSD are most severe among the victims of human rights violations and their families. Some frontline investigators who worked at the Truth and Reconciliation Commission have also shown symptoms of "vicarious trauma" from the suffering of victims.

The Foundation of Truth is Dialogue and Understanding

Although the truth may still lie beyond reach, we, as former investigators of past injustices, are well aware that the wounds of victims and their families have reached a point that can no longer be overlooked. Therefore, we would like to cautiously share stories about the past with you, the listeners.

The results of the investigation are already reflected in the substantial semiannual reports of the Truth and Reconciliation Commission, distributed to various libraries. However, the rigidity of official reports makes them difficult for everyday citizens to read. Additionally, providing explanations about the fragments of truth embedded in the reports—before the memories of the investigators who handled the cases fade away—does not seem entirely meaningless. Without the interest and participation of many citizens, relevant assessments of the Truth and Reconciliation Commission and the movement for past justice will lose significance.

This series will be published as part of the completion of the white paper prepared by a group of former Truth and Reconciliation Commission investigators. It will focus on incidents of mass killings and human rights violations, starting around June 25, with contributions from various investigators.

A few days ago, Professor Bruce Cumings, a renowned scholar on the Korean War, stated, "When you synthesize the diverse and in-depth investigations of modern Korean history conducted by the Truth and Reconciliation Commission, you could say that there has been no country in the world that has successfully transitioned from dictatorship to democracy as effectively as South Korea over the past 30 years."

He further added, "The purpose of the various official historical investigations by the South Korean government is not to blame someone or to reignite the battles of the Cold War. It is to pursue reconciliation between the North and the South, to understand—not to sympathize or empathize with—what was once an enemy."

Like Professor Cumings’ wise words, whether South Korea has successfully achieved its transition to democracy is debatable. However, a society where truth is displayed as the spoils of the victor cannot truly be called a democratic society. Rather than possessing a completed truth, I believe that our democracy will enter a new phase when the truth is continuously engaged through rational dialogue with the past, finding its place among us who are awake.

Thank you.”