Directions

Directions for the Resolution of Disputes Over Access to Political Archives

Adopted per 16 March 2020 Letter No. Dang-Ying-Zi-1090018291 of National Archives Administration, National Development Council

1. The National Archives Administration (NAA) of the National Development Council adopts these Directions pursuant to Article 14, paragraph 2 of the Political Archives Act ("the Act") to facilitate the resolution of disputes over access to political archives.

2. The types of disputes to be handled pursuant to these Directions shall be limited to those concerning the provision by government agencies (institutions) of access to political archives.

3. The NAA may resolve disputes by any of the following methods:
(1) Proceed directly to dispute resolution in accordance with the provisions of the Act and related laws and regulations, or interpretations thereof.
(2) Invite the related government agencies (institutions) to work out an agreement.
(3) Convene a meeting of a committee ("Deliberation Committee") to deliberate upon the dispute and decide the matter.
The resolution proceedings set out in the preceding paragraph shall be concluded within three months of the day on which the dispute resolution request was accepted; provided, however, that the proceedings may as necessary be extended one time for no more than three months.

4. When a government agency (institution) other than the NAA gets involved in a dispute, it shall take the initiative to invite the other agencies (institutions) to meet and work out a solution, and shall notify the NAA of the result of the meeting.
If the meeting referred to in the preceding paragraph does not yield a resolution to the dispute, a letter specifying the following matters may be submitted to request NAA assistance in resolving it:
(1) Matters requiring dispute resolution assistance, and the reason for the request.
(2) A description of the matters under dispute and how the matters were handled at the meeting; where there is a dispute over the application of law, the letter shall also state the legal provisions at issue, provide opinions and analyses, and state the requesting party's interpretations and reasoning.
Where any of the following circumstances applies to the request referred to in the preceding paragraph, the request will be declined:
(1) The matter under dispute has nothing to do with access to political archives.
(2) An administrative appeal or administrative suit has been filed, or a court has approved a settlement or issued a final and unappealable judgment.
(3) The materials required under the preceding paragraph have not been provided in full and have not been supplemented (or fully supplemented) within a specified time period.

5. The Deliberation Committee shall have 9 to 15 members. The NAA director-general and one deputy director-general shall serve as ex-officio committee members. The other committee members shall be selected from among the following groups of persons, depending on the nature of the dispute:
(1) Persons at the rank of chief of staff or higher representing related government agencies (institutions).
(2) Representatives of related groups.
(3) Scholars and experts.
(4) Representatives of impartial citizens.
The representatives of related groups, scholars and experts, and representatives of impartial citizens referred to in the preceding paragraph shall be experts in the fields of transitional justice, human rights, law, history, and archives management, as well as parties to the subject matter of archives, or heirs thereof, and shall exclude all the persons set out in Article 11 of the Act.
The number of scholars and experts plus representatives of impartial citizens shall not be lower than one-half of the total committee members at each meeting.

6. The chairperson of Deliberation Committee meetings shall be either the NAA director-general or a person selected by the committee members from among themselves.
Members of the Deliberation Committee shall attend committee meetings in person; provided, however, that members who represent related government agencies (institutions) or groups may send someone to represent them when they are unable to attend.
The persons sent as representatives as set out in the preceding paragraph shall be included in counts of members in attendance, and shall make statements and cast votes.

7. Meetings of the Deliberation Committee may only be convened when at least half the members are able to attend. Resolutions shall be acted upon only when approved by a majority of the committee members in attendance. When equal numbers of committee members support and oppose a resolution, the chairperson shall decide on the matter.
When the Deliberation Committee meets, interested government agencies (institutions) or persons may be invited to attend in a non-voting capacity.
Persons attending a meeting of the Deliberation Committee (whether in a voting or non-voting capacity) who are privy to another party's professional or business secrets or any other matters affecting their personal privacy shall maintain confidentiality as required by law.
Last Updated: 2021-03-23
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