[Forgotten Children]③Truth Commission's Limitations Frustrate Overseas Adoptees
State Responsibility Recognized in Only Some of 367 Document Falsification Cases
42 Cases Pending... "Inhumane Acts Protected by the State"
3rd Commission Launched... "Expanding Organization and Manpower for Thorough Investigation"
Currently, overseas Korean adoptees are paying close attention to the activities of the 3rd Truth and Reconciliation Commission, which was launched last month.
At the end of February, organizations representing victims of state violence jointly filed 300 overseas adoption cases as the Commission's first case. The National Solidarity for Victims of State Violence, which led the application, criticized, "Overseas adoption initiated by the president's directive in 1954 sent 160,000 children abroad," adding, "Inhumane acts, such as the creation of fake 'orphan registries' despite the existence of parents, continued under state protection."
At a press conference held by the Truth and Reconciliation Commission on March 26 last year, former Chairperson Sunyoung Park (right) is seen comforting and holding hands with a Korean adoptee overseas. Photo by Yonhap News
View original imageThe previous 2nd Truth and Reconciliation Commission faced limitations in its activities. A total of 367 people who were adopted from Korea to 11 countries between 1964 and 1999 applied for investigation, claiming that their right to know their identity was violated due to document falsification, but state responsibility was recognized in only 56 of these cases.
The Commission determined that numerous human rights violations occurred during overseas adoptions in the 1970s and 1980s due to illegal practices. However, its investigation results faced considerable criticism. Despite the long investigation period of two years and seven months, the Commission made decisions in only 98 out of the total 367 cases. Furthermore, 42 of these cases were marked as “pending.”
Under the revised “Framework Act on Clearing Up Past Incidents for Truth and Reconciliation,” the scope of the 3rd Commission’s investigation has been expanded to include incidents that occurred before the establishment of the National Human Rights Commission. Human rights violations that took place in social welfare facilities, adoption agencies, and group care facilities operated or supported by national or local governments have also been included as subjects of investigation.
The establishment of the Investigation Bureau III, which will be dedicated to incidents involving care facilities and overseas adoption cases, is also progressing rapidly. Before the official launch of Investigation Bureau III, a temporary “work preparation task force (TF)” was organized. Sunghyo Song, Chairperson of the Truth and Reconciliation Commission, explained, “The task force will be in charge of preliminary preparations such as reviewing cases and interviewing victims, specifically for incidents at care facilities and human rights violations related to overseas adoptions, which will be handled by Investigation Bureau III in the future.”
The Commission formed the temporary task force because, although the legal basis for establishing Investigation Bureau III has been secured, details such as the personnel needed for the new organization have not yet been finalized.
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In the case of overseas adoption incidents, more than 300 new cases were filed with the launch of the 3rd Commission, and 311 unresolved cases from the 2nd Commission were also transferred, resulting in a significant increase in investigative demand. A Commission official stated, “We believe this is the last opportunity to move toward restitution and reconciliation for the victims,” adding, “We will establish a cooperative framework with relevant ministries and overseas missions to conduct efficient and systematic investigations.”
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