Saturday, December 7, 2013

"Whites & Blacks 100 FACTS (and one Lie)" by Rev. White

FACT #1:  The White race has crossed seas, harnessed rivers,
carved mountains, tamed deserts, and colonized the most barren
icefields.  It has been responsible for the invention of the printing
press, cement, the harnessing of electricity, flight, rocketry,
astronomy, the telescope, space travel, firearms, the transistor,
radio, television, the telephone, the lightbulb, photography, motion
pictures, the phonograph, the electric battery, the automobile, the
steam engine, railroad transportation, the microscope, computers,
and millions of other technological miracles. It has discovered
countless medical advances, incredible applications, scientific
progress, etc.
   Its members have included such greats as Socrates, Aristotle,
Plato, Homer, Tacitus, Julius Ceaser, Napoleon, William the
Conqueror, Marco Polo, Washington, Jefferson, Hitler, Bach,
Beethoven, Mozart, Magellan, Columbus, Cabot, Edison,
GrahamBell, Pasteur, Leeuwenhoek, Mendel, Darwin, Newton,
Galileo, Watt, Ford, Luther, Devinci, Poe, Tennyson, and
thousands upon thousands of other notable achievers. (37)  (39)

FACT #2:  Throughout 6,000 years of recorded history, the Black
African Negro has invented nothing.  Not a written language,
weaved cloth, a calendar, a plow, a road, a bridge, a railway, a ship,
a system of measurement, or even the wheel.  (Note:  This is in reference
to the pure-blooded Negro.)
   He is not known to have ever cultivated a single crop or
domesticated a single animal for his own use (although many
powerful and docile beasts abounded around him.)  His only
known means of transporting goods was on the top of his hard
burry head.  For shelter he never progressed beyond the common
mud hut, the construction of which a beaver or muskrat is capable.
(21)  (39)


FACT #3: The I.Q.'s of American Negroes are from 15 to 20
points, on average, below those of American Whites.  (26)  (16)
(18)  (22)

FACT #4:  These Black\White differences have been
demonstrated repeatedly by every test ever conducted by every
branch of the U.S. Military, every state, county, and local school
board, the U.S. Dept. of Education, etc.  The same ratio of
difference has held true over a 40 year period.  (18)  (26)  (24)

FACT #5:  With an average I.Q. of 85, only 16% of Blacks score
over 100, while half the White population does.  The Negro
overlap of White median I.Q.'s ranges from 10 to 25 percent--
equality would require 50 percent.  (31)  (27)  (16)

FACT #6:  Blacks are 6 times as likely to have I.Q.'s of 50 to 70
which put them in the slow learner (retarded) category, while
Whites are ten times more likely to score 130 or over.  (15)  (16)
(18)  (23)

FACT # 7:  The U.S. government's PACE  examination, given to
100,000 university graduates who are prospective professional or
administrative civil-service employees each year, is passed with a
score of 70 or above by 58% of the whites who take it but by only
12% of the Negroes.  Among top scorers the difference between
Negro and White performance is even more striking:  16% of the
white applicants make scores of 90 or above, while only one-fifth
of one percent of a Negro applicants score as high as 90--a
White/Black success ration of 80/1.  (27)

FACT #8:  Differences between Negro and White children
increase with chronological age,  the gap in performance being
largest at the high school and college levels.  (31)  (26)

FACT #9:  White/Negro I.Q. differences are constantly excused
as results of environmental variations.  but at least five studies that
have attempted to equate socio-economic backgrounds of the two
races indicate no significant change in relative results.  As
environment improves, the Negro does better but so does the
White.  The gap is not decreased.  (26)
    In fact, extensive research by DR. G.J. McGurk, associate
Professor of Psychology at Villanove University, reveals that the
gap in intelligence between Blacks and Whites INCREASES
where socio-economic levels of both races are raised to the middle
classes.  (18)

FACT #10:  In 1915, Dr. G.W. Ferfuson took 1000 school
children in Virginia, divided them into 5 racial categories, and
tested them for mental aptitude.
    On average. full-blooded Negroes scored 69.2% as high as
Whites.  Three-quarter Negroes scored 73.0% as high as Whites.
One-half Negroes scored 81.2% as high as Whites.  One-quarter
Negroes scored 91.8% as high as Whites.
    All of these Blacks lived as and considered themselves
"Negroes."  Their environments and "advantages" or
disadvantages were exactly the same.  (14)  Also see (26)  pg 452.

FACT #11:  Results of the Army Beta test given by the U.S.
Army to over 386,000 illiterate soldiers in WWI showed Negro
draftees to be "inferior to the Whites on all types of tests used in
the Army."  Additionally, tests were conducted upon pure
Negroes, Mulattoes, and Quadroons.  It was found that "the
lighter groups made better scores."  (14)

FACT #12:  Studies conducted with identical twins raised apart in
radically different environments provide conclusive evidence that
over-all influence of heredity exceeds that of environment in a
ratio of about 3 to 1.  (41)

FACT #13:  Even when Blacks and Whites have the same
backgrounds, in terms of family income and childhood
advantages, Blacks still have average I.Q. scores 12 to 15 points
lower than comparable Whites.  This includes cases where Black
children have been adopted by White parents.  Their I.Q.s may be
improved by environment, but they are still closer to their
biological parents than their adoptive parents.  (3)  (15)  (26)

FACT #14:  Equalitarian ideologists often discount I.Q. test results
with the excuse that they are culturally biased.  Nonetheless, NO
ONE, not the NAACP nor the United Negro College Fund, nor
NEA had been able to develop an intelligence test which shows
Blacks and Whites scoring equally.  (15)  (42)  (3)

FACT # 15:  American Indians, who often live in conditions far
worse than American Blacks during their entire lives, still
consistently outscore them on I.Q. tests.  (3)  (27)

FACT #16:  The offspring of interracial marriages tend to have
lower I.Q.s than the white parent.  (11)  (26)


Fact #17:  Among human races numerous studies have been made
of the comparative weight of White and Negro brains with results
that fell within the range of about an 8-12 percent lower weight for
the Negro brain.  Such studies have been conducted by Bean,
Pearl, Vint, Tilney, Gordon, Todd, and others.  (23)  (27)

FACT #18:  In addition to the difference in brain weight, the
Negro brain grows less after puberty than the white.  Though the
Negro brain and nervous system mature faster than the white
brain, its development is arrested at an earlier age which limits
further intellectual advancement.   (22)  (27)

FACT #19:  The thickness of the supragranular layer (the outside
layer) of the Negro brain is about 15 percent thinner, and its
convolutions are fewer and more simple, on average, than that of
the White brain.  (9)

FACT #20:  The frontal lobes of the Negro brain, responsible for
abstract conceptional reasoning, are smaller relative to body
weight, less fissured, and less complex than those of the White
brain.  (9)  (27)  (23)  (22)


FACT #21:  The name Homo sapien was first used by the 18th
Century Swedish botanist Carolus Linnaeus.  The word "sapien"
means "wise."  The name was originally used to speak of the
White man and synonymous with "europaeus."  As a result, many
later taxonomists and geneticists believed that Negroes and other
races should be classified as different species.
    In fact, Darwin declared in The Descent of Man that the
varieties of mankind are so distinct that similar differences found
in any other animal would warrant their classification in different
species, if not different genera.  (39)

FACT #22:  For his mammoth work, The Origin of Races,
Professor Carleton Coon, President of the American Association
of Physical Anthropologists and the premier geneticist of the
world, assembled massive evidence from geography, anatomy,
genetics, physiology, comparative dentition, linguistics,
archeology, and fossil records from 300 bone-bearing sites to
verify his theory of pre-sapien racianation."  In other words,
Homo erectus was divided by race even before evolution into
Homo sapien stage.  (12)

FACT #23:  According to Dr. Coon, while the Caucasoid
subspecies (the White race) was evolving in Europe, the Negro
race was standing still on the evolutionary plane and is today no
less than 200,000 years behind the European in skull and brain
development.  (9)

FACT #24:  The Negro skull, in addition to having a smaller brain
volume and thicker cranial bones than that of the White, is
prognathous; i.e., the lower face projects forward, rather in the
manner of an animal's muzzle.  In consequence, the Negro jaw is
substantially longer, relative to its width, than the White jaw.  A
feature of the Negro lower jaw is its retention of a vestige of the
"simian shelf," a bony region immediately behind the incisors.
The simian shelf is a distinguishing characteristic of apes, and it is
absent in Whites.  (9)  (12)  (39)

FACT #25:  The skin of the Negro is thicker and possibly
superior to the White's in the way it impedes the penetration of
germs and in its protection from the ultraviolet rays of the sun.
(39)  (14)

FACT #26:  The dark color of the Negro is due to melanin
pigment which is spread through every layer of the skin and is
found even in the muscles and brain.  (9)  (27)

FACT #27:  An African dentist can tell a Negro's tooth from a
white man's at a glance.  (14)

FACT #28:  Negroes have arms which are longer, relative to body
height, than those of Whites.  This feature, together with their
much thicker cranial bones, gives Black athletes an advantage over
Whites in boxing.  The skeletal and muscular peculiarities of
Negroes' lower limbs have given them considerable success as
sprinters, but have left them relative undistinguished as distance
runners.  (39)  (27)

--The hair is black, crispy, and "woolly" in texture, it is flat and
elliptical with no central canal or duct like the hair of Europeans.
--The nose is thick, broad and flat, often turned up nostrils
exposing the red inner lining of the mucous membrane similar to
an ape.
--The arms and legs of the Negro are relatively longer than the
European.  The humerus is a trifle shorter and the forearm longer
thereby approximating the simian form.
--The eyes are prominent, iris black and the orbits large.  The eye
often has a yellowish sclerotic coat over it like that of a gorilla.
--The Negro has a shorter trunk the cross-section of the chest is
more circular than whites.  The pelvis  is narrower and longer as it
is in an ape.
--The mouth is wide with very thick, large and protruding lips.
--Negro skin has a thick superficial horny layer which resists
scratching and impedes the penetration of germs.
--The Negro has a larger and shorter neck akin to that of
--The cranial sutures are more simple than in the white type and
close together earlier.
--The ears are roundish, rather small, standing somewhat high and
detached thus approaching the simian form.
--The Negro is more powerfully developed from the pelvis down
and the white more powerfully developed in the chest.
--The jaw is larger and stronger and protrudes outward which,
along with  lower retreating forehead, gives a facial angle of 68 to
70 degrees as opposed to a facial angle of 80 to 82 degrees for
--The hands and fingers are proportionally narrower and longer.
The wrist and ankles are shorter and more robust.
--The frontal and paricial bones of the cranium are less excavated
and less capacious.  The skull is thicker especially on the sides.
--The brain of the Negro on the average is 9 to 20% smaller than
--The teeth are larger and are wider apart than in the white race.
--The three curvatures of the spine are less pronounced in the
Negro than in the white and thus more characteristic of an ape.
--The femur of the Negro is less oblique, the tibia (shin bone)
more curved and bent forward, the calf of the leg high and but
little developed.
--The heel is broad and projecting, the foot long and broad but
slightly arched causing flat soles, the great toe is shorter than in
the white.
--The two bones proper of the nose are occasionally united, as in

FACT #30:  Blood group studies made during WWII suggest the
American Negro gene pool is about 28% white.  --This despite all
manner of institutional discrimination, social segregation, etc.
    Keep in mind that the results of test from true Black Africans
would show even bigger differences from Whites.  (32)  (14)


FACT #31:  The rate at which Blacks commit murder is thirteen
times that of Whites;  Rape and assault, ten times.  These figures,
as given by the F.B.I. reports, vary somewhat from year to year
but fairly represent the trend for the past decade.  (27)  (6)  (13)

FACT #32:  According to the justice Dept, 1 in every 4 Black
males between the ages of 20 and 29 is currently in prison or on
probation or parole.  (32)  (6)  (3)

FACT #33:  Though only 12% of the U.S. population, Blacks
commit more than half of all rapes and robberies and 60% of all
murders in the U.S.  (32)  (27)  (6)

FACT #34:  Approximately 50% of all Black males will be
arrested and charged with a serious felony during their lifetime.

FACT #35:  A Black person is 56 TIMES more likely to attack a
White person than Vice Versa.  (3)  (32)

FACT #36:  Black rapists choose White victims over half
(54.9%) of the time,  30X as often as Whites choose Blacks.
(2)  (32)  (28)

FACT #37:  The annual report from the Department of justice
shows that when Whites commit violence they do it to Blacks
2.4% of the time.  Blacks, on the other hand, choose White
victims MORE THAN HALF the time.  (3)

FACT #38:  In New York City, any White is over 300 TIMES
MORE LIKELY to be assaulted by a gang of Blacks than is a
Black by a gang of Whites.  (32)

FACT #39:  Many people argue that high Black incarceration
rates show that police center enforcement at Black crimes and
ignore white-collar crimes.  However, Blacks commit a
disproportionate number of white-collar offenses as well.  In
1990, Blacks were nearly 3 times as likely to be arrested for
forgery, counterfeiting, and embezzlement as Whites.  (32)

FACT #40:  Many people believe that crime is a product of
poverty and lack of "advantages."  However, the District of
Columbia, which enjoys the highest average annual salaries and is
second only to Alaska in personal income per capita, leads the
nation in just about every category of crime including murder,
robbery, aggravated assault, and vehicle theft.
    D.C. also has the country's strictest gun control, highest police
costs per capita, highest ration of police and correctional officers
per citizen, and highest rate of incarceration.  Its permanent
population is over 80% Black.
    West Virginia, which has the nation's lowest crime rate, suffers
from chronic poverty and has the highest unemployment in the
U.S.  It also has the fewest police per capita.
    West Virginia is over 96% White.  (33)


FACT #41  46% of inner city Black men between the ages of 16
and 62 are unemployed.  (27)

FACT #42:  More than 66% of the children of Negroes are born
out of wedlock.  Per capita, their illegitimacy rate is ten times that
of Whites.  (32)  (27)

FACT #43:  Blacks are four and a half times more likely than
Whites to be on welfare.  (32)

FACT #44:  More than 35% of all Black men in U.S. Cities are
drug or alcohol abusers.  (27)


FACT #45:  The January l986 issue of the journal of Ethnic and
Racial Studies, "Skin Color Preference, Sexual Dimorphism and
Sexual Selection: a case of Gene-Culture Co-evolution?"  by Peter
Frost and Pierre Van der Herghe,  stated that in any given race, the
women tend to have lighter complexions than the men.  Using
standard ethnographic files from 51 societies on five continents
which have recorded their preference for human skin color, the
study found that 30 preferred lighter women and 14 preferred
lighter women and lighter men.
    The cultures of India, China, Brazil and Bali, as well as the
Arabs and Negroes regard the lightest women as the most
beautiful.  --perpetuating the aesthetic appeal of the ivory-skinned,
rosy-cheeked, blue-eyed, blond "nordic ideal" of feminine beauty-
-even though they themselves do not possess the genetic capacity
to reproduce such an organism.
    Over time, the study said, the upper classes of all races have
become lighter-skinned than their fellow countrymen because they
have repeatedly skimmed off fairer women from the lower classes.  
(Also see #11)

FACT #46:  Scientific research on what constitutes human beauty,
in which 300 judges of various backgrounds were shown portrait
photographs and asked to rate the beauty of the individual's face,
has revealed that nordic Whites are universally recognized as the
most attractive humans, even by Blacks.
     The judges were instructed to evaluate the faces solely on his
or her "personal standards of beauty and not to consider popular
     The results of the study "Age, Sex, Race, and the Perception of
Facial Beauty."  Developmental Psychology, 5, Nov., 1971, pp
433-439, are reprinted below.


JUDGES'                   GROUP GIVEN
---------------          --------------
Age 7 white males         white adolescent males
Age 7 black males         white adolescent males
Age 7 white females       white adolescent females
Age 7 black females     3-way tie:
                          black adolescent females,
                          white adolescent females,
                          white female children
Age 12 white males        white adolescent females
Age 12 black males        white adolescent females
Age 12 white females      white adolescent females
Age 12 black females      white adolescent females
Age 17 white males        white adolescent females
Age 17 black males        white adolescent females
Age 17 white females      white adolescent females
Age 17 black females      white adolescent females
Adult white males         white adolescent females
Adult black males         white adolescent females
Adult white females       white adolescent males
Adult black females       white adolescent females

FACT #47:  In experiments in which Black children have been left
to themselves with White and Black dolls, it has been found tha
most of the them would rather play with White dolls.  This is true
all over the world.  Even in such places as Tobago.  (32)  (22)  (23)


FACT #48:  The Declaration of Independence, which contains the
oft-repeated phrase ". . . all men are created equal . . ." was written
by Thomas Jefferson, who owned about 200 slaves at the time and
never set any of them free, including the mulattoes and quadroons.
    Jefferson's words certainly had no reference to Negroes, who at
that time had no place in American society except as property.
(27)  (38)  (31)

FACT #49:  The Constitution was written by and for 'We the
people" and dedicated to "ourselves and our posterity," All of the
55 delegates that met in Philadelphia to draft the Constitution and
all of the members of the 13 state conventions that ratified it were
of the White race.  (38)

WEBSTER'S DICTIONARY OF 1828 defines Posterity as:
POSTERITY.  1. Descendants; children, children's children, etc.
indefinitely; the race that proceeds from a progenitor.  2. In a
general sense, succeeding generations; opposed to ancestors. . .

FACT #50:  The 14th Amendment is invalid for the following
  -It was never ratified by three-fourth of all the States in the
Union according to Article 5 of the U.S. Constitution.  Out of 37
States, 16 had rejected it.
  -Many of the States who were counted as ratifying it, were
compelled to do so under duress of military occupation.  Any legal act
entered into under force duress, and coercion is automatically null and
  -The fact that 23 Senators had been unlawfully excluded from
the U.S. Senate, shows that the Joint Resolution proposing the Amendment
was not submitted to or adopted by a constitutional Congress.
  -The intent of the 14th Amendment is repugnant to the original
U.S. Constitution and the Organic Law of the land.  It did not, and
could not, repeal anything that was part of the Organic Law.  Therefore
the principles of precedent and stare decisis render it void.  (23)
FACT #51:  In Abraham Lincoln's Emancipation Proclamation of
Sept. 1862 he said:
    "I have urged the colonization of the Negroes, (back to Africa),
and I shall continue.  My Emancipation Proclamation was linked
with this plan (of colonization).  There is no room for two distinct
races of White men in America, much less for two distinct races
of Whites and Blacks.
     . . . I can think of no greater calamity than the assimilation of
the negro into our social and political life as our equal . . .
    Within twenty years we can peacefully colonize the Negro . . .
under conditions in which he can rise to the full measure of
manhood.  This he can never do here.  We can never attain the
ideal union our fathers dreamed, with millions of an alien, inferior
race among us, whose assimilation is neither possible nor
desirable." (27)

FACT #52:  Lincoln actually proposed an amendment to the
constitution that would've authorized congress to recolonize all
freed Blacks back to Africa.  On Aug. 15, l962, Congress did
appropriate over half a million dollars for that purpose.
Thousands of Negroes had been shipped back when Lincoln was
shot.  (27)


FACT #53:
 The District of Columbia, which is approximately 70% Black,
leads the U.S. in many areas:
  -  The nations highest crime rates
  -  Strictest gun control
  -  Highest incarceration rates
  -  Highest birthrate
  -  Highest death rate
  -  Highest rate of federal assistance per capita
  -  Highest number of welfare recipients per capita
  -  Highest rate of illegitimacy
  -  Highest high school dropout rate even though its teachers are
the highest paid in the U.S.
  -  Highest rate of ghonnorrhea and syphilis
  -  Highest incidence of AIDS
      (33)  (32)


FACT #54:  Populated by White stock, the nation of Portugal
rose in four centuries to be the wealthiest most powerful country
in the world.  A great commercial and maritime power, it had large
colonies in Asia, Africa, and America.  Its seamen were the first to
explore western Africa and they brought back hundreds of Negro
slaves.  By 1550, at the height of Portugal's power, one-tenth of its
population were Blacks.
    Today, Portugal's population is described as one of the most
homogeneous in Europe, having slowly absorbed the Negro gene
pool.  As of l975 it had lost all of its outside territories.  Its
workers are the lowest paid in Europe and they have the highest
rate of illiteracy and a high infant mortality rate.  In terms of art,
literature, music, science and philosophy the "new" Portugal has
produced virtually nothing in 100 years and by most standards is
the most backward nation in Europe. *Keep in mind that the
Black population of the U.S. is approximately 13%.  (27)


FACT #55:  The Republic of Haiti, the only completely Black
republic in the Western Hemisphere also happens to be the
poorest country in the Western Hemisphere.  It also has the
lowest life expectancy, highest illiteracy, lowest per capita
consumption of newsprint, lowest per capita GNP, and the lowest
level of political stability.  (27)

FACT #56:  Haiti once had a promising future.  Before 1789 as a
French colony under White rule, San Domingo (Haiti) was as rich
or richer in productivity as all the 13 American Colonies
    It was considered the "crown jewel" of the French colonial
system, and was in fact the most prosperous colony anywhere in
the world.  Populated by 40,000 Whites, 27,000 freed Mulattoes,
and 450,000 Black slaves and with a bountiful climate and
productive soil, it supplied all of France and half of Europe with
sugar, coffee, and cotton.
    But in 1791, the French government issued a decree ordering
Haiti to give the vote to the Mulattoes, and soon after another
ordering freedom for all the slaves.  This resulted in a bloody civil
war in which the entire White population (about 40,000
Frenchmen) was murdered, down to the last man, woman, and
child.  Rape, decapitation, and mutilation were committed almost
universally upon their bodies.  (22)  (23)

FACT #57:  After the Blacks massacred the last of the White
population in 1804, Haiti remained a part of Santa Domingo, until
1844 when it became a separate "republic."  Between 1844 and
1915 only one Haitian president completed his term in office.
Fourteen were ousted by armed uprisings, one was blown up, one
was poisoned and another was hacked to pieces by a mob.
    Between 1908 and 1915 the revolutions and assassinations
increased so rapidly that a United States military occupation was
needed to restore order.  This lasted from 1915 to 1934.
Thereafter followed twelve years of rule by a Mulatto elite which
ended in the resumption of control by the Black military in 1946.
Since then wholesale corruption and political murder have been
the rule.  (23)


FACT #58:  India's Negroid peoples have been subjected to
numerous White invasions for over 5000 years, prompting the
rise and fall of one civilization after another as the White invaders
became absorbed into the non-White masses.  Then, about 1800
B.C. Aryans again invaded from the northwest, this time
establishing a rigid caste ("varna." meaning color) system of
White supremacy which eventually evolved into an integral part of
the Hindu religion.  Interracial mixing was banned and punishable
by death.  (5)  (37)

FACT #59:  Led by an Aryan ruling class, Classical India
blossomed into a great culture, giving expression to philosophy,
poetry, science, mathematics, and literature.  The land prospered as
never before --or after.

FACT #60:  The caste system lasted about 2,000 years   (probably
longer than any civilization under similar racial circumstances.)
However, eventually the castes broke down due to miscegenation
and by modern times virtually no pure Whites were remaining.
(39)  (37)  (10)

FACT #61:  Today, India has 834 million people who speak 150
different languages and dialects.  When the annual rainfall is
insufficient, they die of starvation at a rate of 2,000,000 to
6,000,000 per year.  India has the highest birthrate in Asia, one of
the lowest per capita incomes in the world, and an illiteracy rate
close to 70%.  (35)  (33)


FACT #62:  Ancient Egypt was founded and built by
Mediterranean Caucasians as far back as 4500 B.C.  Egypt's
period of greatness was from 3400 B.C. to 1800 B.C. and was
characterized by its amazing architecture, pyramids, temples, and
mastery of mathematics and engineering, the remnants of which
are still evident today.  The White Egyptians pioneered medicine,
chemistry, astronomy, and law; In many cases, their achievements
remain unequalled.  (37)  (39)  (21)

FACT #63:  But, about 3400 B.C. Egypt civilization began to
spread up the Nile River, bringing it in close contact with the black
Nubians to the south. Soon they were using Blacks for slave labor
and Egypt became history's first melting pot.  (39)  (10)  (14)

FACT # 64:  In time the infusion of Negro blood worked itself up
from the bottom of Egyptian society.  The slaves were eventually
freed, received political equality, and took posts of authority in
government.  (10)  (37)

FACT #65:  By the time of King Tut (1370-1352 B.C.) even the
ruling classes had been mongrelized and Egypt began a tailspin
downward.  Today, the once-mighty Egypt is very much a Third
World country, having lost its art, its medicine, its architectural
ability, and its position in world affairs.  (10)  (37)

   The absurd notion that Ancient Egypt was a product of Negro
ingenuity is now being widely disseminated in the schools.
Though scholars know this is a blatant lie, they justify the
deception by assuming it will boost the "self-esteem" of Black

    (Note:  These facts will most likely change drastically
    now that South Africa has fallen under black rule.)

FACT #66:  White people have lived in South Africa much longer
than Negroes.  There have been White settlements in South Africa
for over 300 years, about the same length of time Europeans have
lived in North America.  Even 150 years after the first colonies
around Capetown, at the beginning of the 19th Century, there still
were no Blacks within 500 miles.  The Blacks wandered in from
central Africa later on, possibly fleeing the slave trade or due to
famine.  In fact, most of South Africa's Blacks were born in other
countries.  (29)  (8)  (14)

FACT #67:  South Africa is by far the wealthiest and most
advanced country in Africa, producing nearly 75% of the
continent's Gross National Product.  It is almost completely self-
sufficient so boycotts have little affect upon its economy.  In fact
most of Africa is dependent upon South Africa.
    South Africa is governed by a Western parliamentary republic
and strictly segregated racially.
    South Africa grants complete self-government to the Blacks in
their own areas of the country.  (29)  (8)  (14)

FACT #68:  Though South Africa is perpetually criticized by the
world press for its racial separatism, its Blacks live better than the
Blacks of any other African country and are multiplying rapidly
and healthily.
     87% of Black welfare costs are being paid by the White man.
This includes food, clothing, training, housing, education an health
care.  --even old age pensions.  (14)

FACT #69:  Thousands of South African Blacks graduate from
college every year, more than three times as many as in the rest of
Africa combined.  Every Black child is within walking distance of
a primary school.  Africa's largest hospital, which serves Blacks
almost exclusively and performs over 1800 operations per month,
is in South Africa.  (14)

FACT #70:  The Blacks of South Africa own more cars than do
all the citizens of the Soviet Union.  (29)

FACT #71:  South Africa has more Black doctors, lawyers,
professional people, and millionaires than  all of the rest of the
world combined.  (8)

FACT #72:  In fact, conditions are "so bad" for Blacks in South
Africa that the country has a tremendous problem with illegal
Black immigration, having over one million illegal foreign
workers.  (14)  (29)


FACT #73-75:  Iceland, the only all-White nation in the world,
has the world's highest literacy rate.  100%.
    It is an island of cooled volcanic magma, located Just south of
the Arctic Circle.  It has no coal, no fuel, no timber, no mineral
wealth or natural resources, and no navigable rivers.  75% of the
interior is uninhabitable and only about 1% of the land is arable.
It is the youngest nation in Europe and one of the most isolated
countries in the world.
    Nonetheless, Iceland is #2 in the world in life expectancy and
has one of the world's highest standards of living, in terms of per
capita income.
    It has tremendous medical facilities and a thriving publishing
business.  Virtually every family has a telephone.  Upon
graduation from high school, each Icelandic student has learned
five languages.  (33)


FACT #75-77:  On Jan. 31, 1977, Martin Luther King's FBI
records were sealed by court order until the year 2027 because, as
his wife said, "its release would destroy his reputation"
    These records are rumored to contain instances of bizarre
sexual perversion and homosexuality, and proof that King was
under the direct orders of Soviet spies and financed by the
Communist Party.

FACT #78:  The Wall Street Journal (Nov.9, 1990) disclosed that
Stanford University editors of  The Papers of Martin Luther King
Jr. have long known that King was guilty of plagiarism in his l955
Boston University doctoral thesis, having lifted significant
portions from the works of other writers and graduate students.

FACT #79:  Martin Luther King frequently enjoyed prostitutes
and paid for them with his church's money.
    Still, congress has voted to make King's birthday a national
holiday, in most places replacing Columbus Day or Washington's
Birthday as an official observance.

FACT #80:  Almost every state in the union has a King holiday,
and almost every city has a King Boulevard or King Civic Center.
Yet the electoral evidence suggests that Americans will almost
always vote down honors for King when given a chance.  (41)


FACT #81:  The entire continent of Africa, perhaps Earth's richest
land, accounts for only 3% of world trade.  (27)

FACT #82-84:  Almost all Blacks who have been leaders in fields
other than athletics or music have had some White ancestry:
Fredick Douglas, W.E.B. Dubois,  Booker T. Washington,
George Washington Carver, Alex Hailey, Thurgood Marshall,
Bryant Gumbell, Colin Powell, Carl Rowan, Ed Bradley, Doug
Wilder, etc.
    According to Dr. E.B. Reuter, ". . . Of successful and best
known men that the Negro race has produced, at least thirteen-
fourteenths are men of mixed blood.  (27)  (21)

FACT #85:  Blacks are 50 times more likely to have syphilis than
Whites.  (32)

FACT #86:  Twice as many Blacks as Whites receive
dishonorable discharge from the U.S. military.  (32)

FACT #87:  A White woman is 15 times more likely to contract
AIDS by engaging in sex with a Negro than with a White
heterosexual.  (U.S. Centers for Disease Control)

FACT #88:  90% of U.S. children with AIDS are Black or
Hispanic.  (36)

FACT # 89-92:  In l950, American schools were among the best
in the world.  However, vocal elements within our society
demanded that the public schools take on a social engineering role
as well as an educational one.  Violent disruptions of American
education were ordered by the Supreme Court for the purpose of
breaking down racial barriers.  For 30 years, American schools
have diverted enormous resources into forced integration, quotas,
and bussing operations.
     (Few people realize how expensive bussing is.  Annual cost
may run into tens of billions of dollars.  In l990 California alone
was spending $500 million per year on integration.  Many school
districts spend a quarter or more of their budgets on
transportation.  In Milwaukee alone and in a single school year,
30,000 staff hours were diverted into calculating the race of
students to attend the various schools.)
    The results?  Today's students rank at the very bottom
worldwide in science and math, some 40% of American adults are
functionally illiterate, and standardized test scores have declined
steadily for both Whites and Blacks.  Today the average White
still scores 200 points higher on the combined SAT than the
average Black.
    Americans spend more on education than any other country in
the world and have the worst results.  Massive White flight to
escape racial zoning has reduced the tax base of every major
American city.
    In l983, after nearly two generations of racial experimentation
to promote equality, the research arm of the Dept. of Education
could not produce a single study that showed Black children were
learning appreciably better after desegregation.  (25)  (20)  (32)

FACT #93:  In Black Africa the average ruler lasts 7 months.
  (22)  (27)  (7)

FACT #94:  By 1995, a third of U.S. students will be non-Whites
and Whites will be a minority in the school districts of 5 states.

FACT #95:  Dr. William Shockley, Nobel prize winner for his
work in the invention of the transistor and renowned geneticist as
Stanford University, said, "The major cause for American
Negroes' hereditary is origin and thus not remedial to a major
degree by improvement in environment."

FACT #96:  In 1930, about 33% of the world was White.  Today, the
U.N. estimates that only about 9.5% of the world's population is
Caucasian.  This percentage is falling rapidly.  (34)  (27)

FACT #97:  Every race has an equal capacity to learn and
contribute to civilization and any differences are caused by
prejudice and racism.  The fact that white skins are associated with
civilization is merely a quirk of fortune and coincidence.  Any
attempt to distinguish the races is motivated by paranoia and
hatred.  We must prevent any investigation into the subject and
work to melt society together into a receless, nationless,
harmonious utopia. (?)

FACT #98:  In 1988 there were 9,406 cases of Black-on-White
rape and fewer than 10 cases of White on Black rape in the U.S.

ACHIEVEMENT, by Raymond Cattell, three distinguished
American scholars compare massive evidence of national I.Q.
score averages worldwide and warn against the decline of any
nation whose population reflects declining intelligence.  Taking
into consideration the differential birthrates of American ethnic
stocks, they concluded that American ability is declining rapidly.

FACT #100:  The American taxpayers have spent over $2.5
TRILLION trying to upgrade Blacks since the l960's.  (6)

     "The Negroes' rude ignorance has never invented any effectual
weapons of defense or destruction: they appear incapable of
forming any extensive plans of government or conquest: and the
obvious inferiority of their mental faculties has been discovered
and abused by the nations of the temperate zone."  --Edward
Gibbon, the great historian and author of THE DECLINE AND
     "Wherever you find the Negro everything is going down
around him, and wherever you find the White man you see
everything around him improving."  --Robert E. Lee, to Col.
Thomas H. Carter, May, l965

Recommended books for further study:

  * "The Origins of Race and Civilization" by Charles A.
Weisman.   $8.00 from Scriptures For America, P.O. Box 766-c,
LaPorte, CO 80535.
    "The greatest controversies today seem to center around the
races of man, the origin of which is battled over by two concepts -
"evolutionism" and "creationism."  But in all the debates, it is
strange no one has suggested that BOTH of these concepts may
be in error.  It is the intent of this material to reveal the true origin
and nature of the different races and civiliazations occording to
'immutable' evidence.  In doing so it will be shown that both of the
forenamed concepts are inconsistent and illogical in much of what
they say, and that they both have been manipulated so as to
produce the 'same' erroneous results regarding our origins."  pg. 4
     "Since God is the source of science as well as His Word
recorded in the Bible, it is impossible for the two to be in conflict
with one another." -pg. 5
     "The word 'species' is in itself an anti-evolution term since the
very meaning of the word refers to something specific and fixed."
-pg. 9
     "Natural selection and the survival of the fittest are natural
processes, they are not evolutionary ones."  -pg. 14
     "Nature has a way of preventing cross mating between species
and rejecting the hybrids that do occur." -pg. 18
     " The Bible, verified by the geological record, reveals the
pattern of creation God has used."  -pg. 23
     "All evidence available from comparative ethnology, linguistics,
and prehistoric archaeology indicates a long seperation of the
principal races of man."  -pg. 38
     "From the Egyptian monuments we know that there were
various races of man in existence during the three centuries that
followed the Flood."  -pg. 55
     "All scripture evidence indicates Adam was created a white
man."  -pg. 57
     "Inequality and discrimination, like segregation, are Divine
precepts." -pg 80
     "The weight of scientific studies and research on the subject of
the races of man seems to be in favor of classifying them as
distinct species." - pg. 86
     "Prolificacy of distinct species, inter se, is now proved to be no
test of COMMON ORIGIN." -pg. 128
     "A study of civilizations throughout history is a study of the
history of the Adamic race - the builders of civilization."  -pg 131.
     "3,000 years before the Europeans ever raised a single
cathedral, their ancestors had already constructed pyramids in
Egypt, Stonehenge in Britain, and palaces at Crete."  -pg. 153


  1.  African Business Magazine, Dec. '91
  2.  American Journal of Sociology, Vol. 92, pg 822+
  3.  American Renaissance, Dec. '90, Box 2504, Menlo Park, CA
  4.  American Sociological Review, Vol 45, pg. 859
  5.  Basham, A.L., The Wonder That Was India, Grove Press,
New York, NY 1954
  6.  Buckley, William F. syndicated column, Jan. 5. 1993
  7.  "But What about Africa?"  Harper's, May '90
  8.  "The Christian Heritage of South Africa Under Attack!",
Peter Hammond, Herald the Coming, Dec. '92.
  9.  Coon, Carleton S.  The Origin of Races, 1962, Alfred A.
  10.  Fagan, Myron C.  How the Greatest White Nations Were
Mongrelized - Then Negroized, Sons of Liberty Books.
  11.  Fields, Dr. Ed,  The Dangers of Interracial Marriage, PO
Box 1211, Marietta, GA 30061
  12.  Howells, William.  Mankind So Far, Doubleday, Garden
City, NY 1945.
  13.  Harris, Marvin, 1981.  Why Nothing Works.  Simon &
Schuster, New York, NY
  14.  Jacob, A.  White Man, Think Again!  1965, publ. by author.
  15.  Jensen, Arthur R.  Bias in Mental Testing, The Free Press,
New York 1980
  16.  Jensen, Arthur R.  Straight Talk About Mental Tests, the
Free Press.  (Macmillan) New York, 1981
  17.  McCall's, May '92, pg 76
  18.  McGurk, Frank, "A Scientist's Report on Race Differences."
U.S. News and World Report, Sept. 21, 1956.  Washington, D.C.
  19.  Pearson, Roger,  Eugenics and Race, 1966, Noontide Press
  20.  Pearson, Roger.  Race, Intelligence, and Bias in Academe,
Scott-Townsend Publishers, N.W. Washington, D.C.
  21.  Pendell, Elmer,  Sex Versus Civilization, Noontide Press.
  22.  Putnam, Carleton.  Race and Reason, 1961, Howard Allen
Press, Cape Canaveral, FL
  23.  Putnam, Carleton.  Race and Reality, a Search for Solutions,
1967, Howard Allen, Box 76, Cape Canaveral, FL 32920
  24.  Putnam, Carleton.  A Study in Racial Realities, an address at
the University of California at Davis, Dec. 17, 1964
  25.  Scott, Ralph.  Education and Ethnicity:  The U.S.
Experiment in School Integration, Scott-Townsend.  Washington,
D.C. 1989
  26.  Shuey, Audrey H., The Testing of Negro Intelligence, Social
Science Press, New York, 1966
  27.  Simpson, William Gayley.  Which Way Western Man?
1978, National Alliance Press, Box 3535, Washington, D. C.
  28.  Social Forces, Vol. 69, pg.1+, Sept. '90
  29.  "South Africa: Time to Choose Sides"  Soldier of Fortune,
Dec. '89.
  30.  Snyderman, Mark, and Rothman, Stanely.  The IQ
Controversy, the Media and Public Policy.  Transaction
Publishers, New Brunswick, NJ 1990.
  31.  Stell v Savannah-Chattham County Board of Education,
U.S. District Court, Southern Georgia, May 13, 1963.
  32.  Taylor, Jared,  Paved with Good Intentions:  The Failure of
Race Relations in Contemporary America.  1992, Carrol & Graf.
New York, NY
  33.  World Almanacs, '88, '89, '90, '91, '92
  34  United Nations World Census, 1990
  35.  Van Loon, Henrick, 1940, Van Loon's Geography, Garden
City Publ.
  36.  The Voice, Feb. 27, 1990.
  37.  Waddell, L. A. The Makers of Civilization, 1929, Angriff
Press, Hollywood, CA
  38.  Weisman, Charles A.  America:  Free, White and Christian,
1989, SFA, Box 766-c, LaPorte, CO 80535
  39.  Weisman, Charles A.  The Origins of Race and Civilization,
1990, SFA
  40.  Weyl, Nathaniel.  The Geography of American
Achievement, Scott-Townsend, Washington, D.C. 1989.
  41.  Martin Luther King (Man Behind the Myth) by Des Griffin.

Get the "Identity.faq" and many other files by
anon. FTP from: /pub/SF/SFA
Scriptures for America files are also available by WWW:

Friday, June 21, 2013

"Korea's Truth and Reconciliation Commission: An Overview and Assessment

by Kim Dong-Choon, Professor of Sociology, Sungkonghoe University (Korea).
Published 2013-06-21, Buffalo Human Rights Review [Vol. 19, 2012] pgs. 97 to 124.
Professor Kim served as a Standing Commissioner of the Truth and Reconciliation Commission of Korea, Republic of Korea (TRCK) from its establishment in December 2005 until December 2009, one year prior to its close in December 2010. The author thanks Tara Melish, Mark Nathan and Errol Meidinger for their careful editorial review of this article.

Footnotes are numbered and are produced following the article.
Note, some words are interrupted by a hyphen as an artifact of the machine-conversion from the original .pdf file

The Truth and Reconciliation Commission of South Korea (hereinafter "TRCK") was established in 2005 by the South Korean National Assembly as an independent body to investigate human rights violations in Korea from 1910 through 1987, including massacres, incidents of death, injury or disappearance, politically fabricated trials, and the killing of unarmed civilians and political prisoners before and during the Korean War. Created by the Framework Act on Clearing up Past Incidents for Truth and Reconciliation,1 the TRCK is a product of South Korea's decades-long democratization movement and the liberal government it produced.2 Its findings and recommendations may accordingly be seen as a tool for breaking open the politics of denial that have been maintained in South Korea for the past sixty years. At the same time, its work can help to set straight the distorted history of South Korea and to rewrite the Northeast Asian Cold War history. The TRCK's work thus not only clarifies important aspects of Korea's past and its interconnections with neighboring big powers, but likewise has implications for Korea's future reunification and for the maintenance of peaceful relations in Northeast Asia.
The TRCK's effectiveness was nevertheless significantly hampered by a number of factors, including its limited legal authority, firm resistance from entrenched and defensive government bureaucracies, and continuous contestation from conservative political forces. It was likewise faced with the steady ascendance of the neo-liberal economic discourse over the human rights discourse over its lifetime, the latter having provided the social foundations for the TRCK's emergence in the first place. As a consequence, while the TRCK was able to document many historical cases of human rights abuse, it was not able to document adequately the conditions that led to those abuses or to facilitate true reconciliation among the many segments of Korean society that both carried out and suffered those abuses.
This Article provides an overview of the TRCK's work and its recommendations as well as an assessment of its accomplishments and the significant road that lies ahead in ensuring the full implementation of the TRCK's historic recommendations. Part I describes the TRCK's genesis, social context, and mandate, while Part II analyzes its statutory powers and what I view as the limitations built into its jurisdictional authority. Parts III and IV then turn to the TRCK's actual work. Part III describes the Commission's achievements and the specific recommendations it issued to the government and government institutions. Part IV then assesses the record of, and prospects for, the implementation of those recommendations. The Article concludes with lessons learned from the TRCK experience and an enumeration of specific measures the South Korean government will need to take to ensure the TRCK's efforts meet with lasting success.

The TRCK's genesis can be traced to two primary developments in Korea. On the one hand, it can be seen as the outcome of the long struggle for justice that Korea's democratization movements and civil society have strenuously waged for decades. That process began in the 1960s, reaching maturity in the late 1980s with democratic elections and the demise of military rule. Unlike other truth commissions in post-dictatorship countries, it was nevertheless not until the democratic transition was largely consoli-dated in 2005 that the TRCK was established. Pressed by civil society activists, the Korean government only then sought to address questions of long-delayed justice.
On the other hand, the TRCK was the first comprehensive truth commission in South Korea and in Northeast Asia more generally. The necessity of a commission mandated to address the full range of past human rights violations, not just particular incidents, became apparent after several narrower efforts to deal with separate past incidents had been attempted. The TRCK thus built on several earlier laws. In particular, over the opposition of right-wing forces, Korea's civilian governments under Presidents Kim Young Sam (1993-1998) and Kim Dae Jung (1998-2003) passed a number of special laws between 1995 and 2000 to settle certain unresolved historical cases. These included the Gwangju Special Act of 1995, which focused on punishing former military leaders who killed civilians in Gwangju in 1980,3 and the Guchang Special Act of 1996, which aimed to restore the honor of civilian victims massacred in 1951.4 These specialized laws were followed in 2000 by the Jeju 4.3 Special Act for Investigating the Jeju April 3 Incident and Recovering the Honor of Victims5 as well as the establishment that same year of the Presidential Truth Commission on Suspicious Deaths of the Republic of Korea (PTCSD).6 The creation of this latter Commission was an important step toward the settling of human rights violations under military rule.7
Yet, the limited nature of these historical inquiries raised dilemmas for both the Roh Moo-hyun government and civil rights activists. In particular, they were concerned that if the numerous past incidents of human rights abuse were settled individually, many individual laws would have to be legislated and victims could demand increasingly expansive settlements, triggering a never-ending process of expanding reparations packages depending on the special law created to investigate the incident at issue. They therefore concluded that a better alternative was to pursue one single comprehensive settlement. On August 15, 2004, President Roh Moo-hyun spoke of the necessity for such a comprehensive past settlement, which in turn encouraged activists and bereaved family members to campaign for such legislation.8
The resulting Framework Act established the TRCK with a broad purpose and expansive investigatory mandate. Its purpose was defined as fostering national legitimacy and reconciling the past for the sake of national unity, which it was to do by honoring those who had participated in anti-Japanese movements and investigating human rights abuses from Japanese colonialism to the present, especially during the nation's authoritarian regimes.9 The investigative scope of the Commission was thus extremely broad. It covered three broad areas representing three distinct historical periods: (1) anti-colonial movements during the Japanese occupation, (2) massacres before and during the Korean War, and (3) human rights abuses during Korea's democratization period.10 This range of events, covering the span of almost a century, might be the most extensive and wide-ranging among the TRCs that have existed in the world.
The TRCK was accordingly given authority to investigate matters within this mandate, to take decisions on such matters, and to recommend measures for promoting reconciliation.11 Its establishment signaled a dramatic change from the silence imposed by past anticommunist regimes in South Korea, especially with regard to the mass killings committed by U.S. forces as well as the South Korean police and military before and during the Korean War. However, the TRCK was destined to face serious hurdles from the very beginning due to the persistence of the Cold War in East Asia. Indeed, the continued division of the Korean peninsula meant that South Korea was still ruled by anticommunist governments, which had long refused to admit the history of state violence against those accused of being communists. Nonetheless, in terms of its objective to document and redress the massacres and grave human right violations committed by the victims' own government, the TRCK was the first effort of its kind in Northeast Asia.
Like other TRCs established in different parts of the world during the 1990s, the TRCK selected a "truth-and-reconciliation model" for dealing with past incidents, rather than a "punishment-and-compensation" approach. This was done primarily for political reasons given the Korean context, even as some activists argued that a "punishment-and-compensation" approach was needed to achieve justice. These activists were upset that the TRCK was not granted the right to prosecute those who committed atrocities. Rather, its legal mandate was limited to uncovering the truth for the record, recommending corrections to textbooks and other records, and aiding reconciliation through compensation or services for the victims.
The decision to pursue a "truth-and-reconciliation model" reflects a number of factors. On one level, it reflects the fact that much of the TRCK's work was to focus on verifying the truth of petitions filed with it concerning incidents that took place over fifty years ago, particularly concerning mass killings during the Korean War. Given that many witnesses have already passed away and documentation has been destroyed, the possibility of prosecuting perpetrators was remote. At the same time, alleged perpetrators of killings had often already been honored as national heroes of the Korean War; thus the very findings thereof and the victims' statements contradicted official versions of the history of the Korean War. As a result, the comprehensive past-dealing project of the Roh Moo-hyun government and the civil activists adopted a politically acceptable strategy: the 'truth-and-reconciliation' model, instead of the 'punishment-and-compensation' model accepted in other political terrain.12
That decision also reflected the cumulative experience of numerous past-dealing processes within South Korea, some of which had experimented with compensation for victims. In particular, there had been an experiment of reparatory justice when the South Korean government compensated individual victims of the Gwangju Democratization Movement, where several hundred civilians were killed by government troops in May 1980. Although financial compensation had been seen as the most effective way to placate victims, many activists viewed it as a mere political means for calming the dissatisfaction, not as means for serving justice.13 In this respect, while the title, Truth and Reconciliation Commission, was seemingly adopted in light of the experience of TRCs like those of Chile and South Africa, the TRCK's mandate and purpose are somewhat different. This is especially so with regard to South Africa's TRC, in which individual victim reparation was central and amnesty from prosecution was offered only to those who fully testified about their participation in past crimes before the TRC.14
Although "reconciliation" is the second part of the TRCK's title, the Framework Act did not specify how and with whom the TRCK is to promote reconciliation.15 This has led the TRCK to focus on establishing truth as a way to promote reconciliation, following the model of reconciliation through truth. Given the existing government has stubbornly denied the very existence of state-sponsored mass killings, torture and human rights violations in the name of anticommunism, settlement of the past, it was concluded, should be accomplished primarily through fact-finding.

A. Jurisdictional and Investigative Powers -
The Commission was authorized to investigate petitions for four years, with a possible two-year extension if needed.16 For the first the two years, it functioned under the Roh administration, which had championed it. However, the election of the conservative politician Lee Myung-bak to the presidency in 2008 shunted the discourse of justice and human rights, which had come to be highly valued over two decades, and gave rise to one emphasizing efficiency and competitiveness. With this power shift, the TRCK found itself in increasingly troubled waters.
The TRCK had a staff of about 240, including eighty-four seconded from central and local governments. Its budget in 2008 was approximately 19.7 billion Korean won (or just over $14 million US), roughly half of which went to personnel and half to operating expenses17 The TRCK was composed of fifteen commissioners: eight recommended by the National Assembly, four appointed by the President, and three nominated by the Chief Justice of the Supreme Court.18 Four of these fifteen commissioners were designated standing commissioners (two recommended by the National Assembly and two nominated by the President). This designation referred to their status as full-time bureaucrats at the level of deputy prime minister in the Korean government. Their main role was to direct the investigations and preside over all affairs of the Commission, while one of them, the chairperson, managed the Commission's Executive Office. Although the TRCK could have requested a two year extension in its mandate,19 the Commission ended its mission in December 2010, after its initial term expired and only a six-month renewal was requested by the Commission and authorized by the conservative government of Lee Myong-bak.
Under the "Framework Act," the Commission was empowered to investigate incidents not only on its own authority, but also based on petitions received from victims, victims' families and other concerned persons that have specific facts regarding an issue to be investigated.20 Following the year allowed for acceptance of such petitions,21 about ten thousand incidents were finally filed for investigation, eighty percent of which were related to Korean War massacres.22 In investigating these incidents, the Commission's staff investigators would review known written documentation and then look for related documents that were believed to be preserved in police, military or Korean Central Intelligence Agency (KCIA) files. Based on the survivors' statements and the documents that were obtained, the investigators would reconstruct full stories of the incidents through which the ruling narratives could be falsified or new facts could be built. The draft of the investigators' report was then submitted to the Commission for a decision.
In deciding whether to accept or reject a petition-related report, a majority of the fifteen commissioners would need to vote in favor of it.23 Majority decision-making was privileged over a deliberative process that might promote consensus, and even within the Commission there was often a lack of effort to seek reconciliation among the commissioners. Since the commissioners were appointed by the three separate branches of the government and had either liberal or conservative backgrounds, their ability to reach consensus was not as good as one might have wished.
The Commission could likewise decide to investigate some important incidents on its own authority, provided it had sufficient support to admit it as an "historically important event considered critical to identifying the truth."24 Nonetheless, because the Commission was given only four years (with a possible two year extension if needed) to investigate the over 10,000 individual petitions submitted to it, it faced significant difficulties in pursuing these other historically important incidents and clarifying systems or linkages of command in the perpetration of grave human rights violations. The decision as to how to balance these conflicting objectives—pursuing the truth of individual incidents versus systems of abuse—presented constant challenges to the commissioners.
Once an investigation was complete and a decision taken, the TRCK immediately provided notification of its decision to concerned persons, including the petitioners and respondents or their descendants, as well as reference witnesses, allowing them the opportunity to raise a written objection.25 These individual decisions and recommendations were then submitted in a biannual report to the President and National Assembly with the goal of publicizing the information that was gathered and creating public consensus.26 These reports could then provide the basis for further governmental policies, including possible reconciliatory or restorative measures (e.g., admitting past wrongdoing), restoring the honor of the victims, or taking other steps to prevent the recurrence of similar incidents.27 Indeed, the TRCK was authorized under the Framework Act to offer specific recommendations to the government to reinstate the honor of victims and mediate reconciliation between confessed perpetrators and their victims, to revise policies in order to prevent the reoccurrence of any similar atrocities, and to establish truth-finding research institutes.28

B. Built-In Limitations -
Despite the historic nature of the TRCK and its extensive mandate, it faced multiple limitations in pursuing its mandate to expose the truth of the past. These limitations grew in large part from the Framework Act's origin as a political compromise between the conservative and liberal parties in the National Assembly in May 2005. The conservative Grand National Party (GNP), which generally represented the offenders' position and interests, fiercely opposed the bill when it was introduced, and thus the liberal Uri Party had to agree to the creation of the TRCK with a restricted mandate in order to secure enough votes to pass the Assembly. In other words, the conservatives, who had directly or indirectly benefited from the past authoritarian rule and thus could potentially suffer negative consequences from the TRCK's work, opposed the Framework Act itself and forced a deep compromise on the ruling Uri Party. This compromise was likewise reflected in the selection and composition of the commissioners.
Like most other truth commissions in the world established after democratization, the TRCK also had to contend with the fact that many of the main offenders and perpetrators of the violations being investigated still occupied important posts in state institutions. The ideology that had been used to justify the human rights violations, anticommunism, was also still operative. The influence of past perpetrators who remained in certain power blocs forced the TRCK to work with a markedly limited mandate and latitude.
At the same time, despite the fact that the TRCK had the power to recommend reconciliatory or restorative measures, its recommendations were not legally binding. It had no authority to punish perpetrators, even when they were positively identified and their wrongdoing plainly established. Nor was it empowered to offer immunity to alleged perpetrators in exchange for their testimony or confessions, as had been done in the case of South Africa's TRC.29 Under this limited legal mandate, the TRCK, after concluding its investigation, proposed recommendations to rectify damages, restore honor, and promote reconciliation between victims and offenders. The recommendations, however, could be rejected by the state institutions that might hold some responsibility for perpetrating the wrongs of the past, including grave human rights abuses and massacres. This limitation in the Framework Act eliminated an important avenue of reconciliation that the TRCK might have been able to promote.
The mandate and resources of the Commission further curtailed the character and the quality of the "truth" that the TRCK was expected to reach. When we define truth with regard to the TRC, it must include the long-term, structural conditions that often serve as underlying causes for gross human rights abuse and other related incidents. The number of deaths, the character of suffering, and the identification of the perpetrators and final commanders must also be ascertained. The Commission must verify who did what to whom, when and where, and the causes and consequences of these events. But the incidents that the TRCK was scheduled to investigate, from isolated human rights abuses to mass killings from long ago, were too broad and complex to tackle. Because the Framework Act granted the TRCK authority only to establish truth in the narrow sense of "forensic truth," the investigators were ordered to end their work when the minimum quantity of data was collected to verify the truth of a specific event. At the same time, although a different method and process should be applied when investigating massacres during war-time as opposed to human rights abuses under authoritarian regimes, accommodations to deal with these differences were not fully reflected in the Framework Act.
The most notable limitation of the TRCK's mandate, however, can be found in the authority it was granted for investigation. While one of its main missions was to establish the factual or objective truth about a complaint filed by victims, its investigative authority as a temporary fact-finding body was curtailed by the law, which did not provide conditions to facilitate victims' testimony. In particular, the Framework Act lacked provisions authorizing the Commission to force perpetrators to testify or to offer immunity for their testimonies. Accordingly, few veterans have been willing to come forward. Many victims have likewise stayed away, unwilling to open old wounds between neighbors caught up in the political and ideological struggle of decades ago. Indeed, even after democratization, both the perpetrators of state violence and victims' families have been reluctant to come forward to speak for both legal and social reasons.
The TRCK, it may be noted, did have the power to summon reference witnesses. However, if those witnesses refused the summons, the Commission had limited legal recourse to punish them or compel their cooperation.30 More importantly, the TRCK had no legal power to obtain the necessary documents from concerned state institutions if those in charge of the institutions determined that the documents included sensitive material.31 Therefore, relevant state institutions that received a request for documents from the Commission could reject that request on the grounds of a nebulously defined national security objection.32 The TRCK was viewed from the beginning as a nagging or inconvenient organization by the entities that were allegedly responsible for past human rights violations, including the Korea Central Intelligence Agency (KCIA), the Bureau of Police, and the Ministry of Defense. The dilemma was that their cooperation and former agents' testimony were essential for the TRCK to obtain the necessary documents associated with past wrongdoing in order to conduct investigations.
At the same time, the persistence of strong anticommunist sentiments combined with the continued presence of ultra-rightists in South Korea has meant that even this legal mandate was not sufficiently implemented. For now, Korean citizens remain deeply divided over the group's work. Seventy-seven year old Lee Soon-chang, for example, who had a role in war-time killings that he feels were justified, complained recently that the commission vilified the military "while turning Communists into patriots."33 He explained, "They say these people were executed without trial. But what trial? It was wartime."34 Mainstream conservative newspapers occasionally criticized the TRCK's work as a left-leaning plot intended to impair the legitimacy of South Korean state.35 Struggling with this type of unwillingness to cooperate, the TRCK faced the diminishing prospects of getting a two-year extension, especially after President Roh was replaced by Lee Myong-bak following a new election.
Therefore, it was not just the TRCK's legal authority per se that empowered its work. Political conditions in the society at large facilitated its work and, indeed, its very existence. The political will of President Roh Moo-hyun and the strong support from civil society groups forced cooperation from traditionally oppressive Korean institutions. The under-institutionalized, political nature of the TRCK's authority also meant that its ability to conduct investigations could be radically curtailed by a change in politics or by a drop in civil society's attention or capacity, which proved to be the case under President Lee Myong-bak's administration. Ever since its inauguration in 2008, the Lee Myung-bak administration has sought to merge and abolish the nation's truth commissions. During the 2007 presidential campaign, members of President Lee's party said the group's activities threatened social harmony in the South and could strain South Korea's alliance with the United States. Bills submitted to the National Assembly in December 2008 by the Grand National Party's Shin Ji-ho and thirteen other Assembly members proposed combining the functions of the fourteen truth commissions into one Truth and Reconciliation Commission.36 In view of the striking differences in the missions, mandates, and work of these organizations, the policy may be understood as a design to block the functioning of the commissions. The possibility that the TRCK could ultimately survive still existed. But when the President in 2008 nominated a new chairperson and commissioners, who were mostly conservative and opposed to the kinds of activities that had been carried out before, the TRCK was plunged into disarray. Other state institutions also became uncooperative with the Commission following these political changes.37
President Lee Myung-bak's intention to halt the TRCK's work or force it to merge with other investigative bodies failed. But the new presidentially-appointed chairperson was unwilling to finish the TRCK's work in accordance with the former chairperson's plan. While the Commission's leadership from the outset was divided among standing commissioners representing liberal and conservative views, the conservatives clearly dominated following the February 2008 inauguration of President Lee Myung-bak.
The disadvantageous socio-economic conditions when the TRCK was created must also be considered in assessing its effectiveness. The public's concern with the work of the TRCK waned with the onset of the economic crisis of 2008. While some media coverage was generated by the TRCK's press releases, people generally did not see the kind of intense public outrage that accompanied the prosecution in the 1990s of the former presidents, Chun Doo Hwan and Roh Tae Woo, for their part in the 1980 Gwangju Massacre. The big three conservative newspapers in Korea, Chosun Ilbo, Donga Ilbo and Hankook Ilbo, were uniformly hostile and provided little coverage, except to point out the Commission's errors. Television stations, notably KBS and MBC, which were initially favorable to the Commission during the Roh Moo-hyun presidency, shifted following the election of Lee Myung-bak and ceased to cover the TRCK's work. Only the Hankyoreh and Kyunghyang Daily, which represent the progressive media, consistently followed the Commission's work.38
These conditions help to explain the Korean public's sense of fatigue about repeated efforts to uncover the past, a fatigue encouraged by the conservative press. Ideally documentaries, educational materials, scholarly publications, artistic and cultural productions should have been created as a way of coming to terms with the truth of past events uncovered by the TRCK, but unfortunately that has not occurred.

The TRCK was tasked with the responsibility of verifying the truth of the past and thereby fostering reconciliation between the victims and perpetrators. In this respect, although the TRCK was successful in documenting a number of previously hidden atrocities and abuses, it has largely failed to identify the root causes of those events or to achieve the conditions necessary for reconciliation. In terms of fact-finding, it failed to reveal the final top-level commander of the Korean War massacres and the fabricated espionage cases. Moreover, since the mandate to punish the responsible parties for these incidents was denied, it can be said that the TRCK also failed to build an institutional device to block the recurrence of similar incidents.
Despite these apparent shortcomings, the TRCK has had some significant achievements. It succeeded in uncovering some long-concealed truths and restoring justice, particularly in cases involving the judiciary as the perpetrator of injustice. Some of the TRCK's findings, based on newly discovered testimony and documents about the human rights abuses and mass killings committed by South Korean authorities, were notable achievements in the context of setting the Korean historical record straight for the first time, especially with regard to the mass killings of National Guidance League members (Bodo yeonmang), collaborators with North Korea's peoples' committees, political prisoners, and the civilians who served the leftist guerrillas.39
The operations of the intelligence organizations and the United States' bombing of South Korean civilians demand a review of the dominant narrative of Cold War history in Korea since the 1950s. During the Korean War, some American bombings resulted in the deaths of thousands of civilians.40
Nevertheless, these U.S. bombing incidents against innocent South Korean civilians have never been raised as a political issue, even after the conclusion of the TRCK's work. Under the geopolitical circumstances of the Cold War in South Korea, where criticizing the U.S. meant running the risk of being branded a communist or a North Korean sympathizer, discussing or even mentioning any U.S. war crimes was regarded as "taboo" in Korea. The appearance of the TRCK was itself a symbolic step toward breaking the taboo, but much more remains to be done.
Most of the cases of human rights abuse investigated by the Commission took place during times of political unrest in the 1950s and 60s, after the May 16th Military Coup (1961), during the Yushin period (1972-79), and during the 1980s. In particular, in most of the cases that received confirmed rulings, the prosecutors and the court acknowledged falsified confessions attained through illegal detention and torture. The espionage falsification cases in the 1960s and 1980s involved abducted fishermen, people who crossed into the South from the North, those who had relatives in North Korea, and the Korean-Japanese.
In addition to truth-finding investigations, exhumation and fieldwork was conducted through a service contractor to find the necessary evidence and to build a foundation for reconciliation. The exhumations related to the illegal massacres from the Korean War were significant in that they were the first government-led effort in fifty years and represent a response to the bereaved families' demands for such activities. As the TRCK's 2009 report documents, "In December 2006, the Commission conducted on-site examinations and field surveys for 168 of the most probable locations of massacres (14 sites were examined independently by the Commission and 154 sites were examined through subcontracted agencies) and chose 39 sites for initial excavation."41 By 2009, exhumations were underway in 13 locations: Bunteogol and Jigyeonggol in Cheongwon; the cobalt mines in Gyeongsan; Maegok-dong, Suncheon in Jeonnam Province; Galmyeongdo, Gujado-ri, Uisin-myeon in Jindo; and Won-ri and Oegong-ri in Sicheon-myeon, Sancheong-gun, Gyeongnam Province.42
Based on these findings, the TRCK made a number of non-binding recommendations to the South Korean government. These were, in the TRCK's words, expected to "contribute greatly to national solidarity and the growth of democracy by restoring the honor of the victims and their families, preventing reoccurrences, and fostering reconciliation between the offenders and victims."43 The TRCK's recommendations, made with respect to each petition it decided, included "official state apologies, correction of the Family Registry, reexamination, memorial services, the correction of historical records, archiving of historical files, legislation for relief of damages, restoration of damages, peace and human rights education, indemnity of damages, and treatment of aftereffects."44 Ultimately, the TRCK made 8,691 separate recommendations based on individual incidents in addition to a set of comprehensive recommendations before finishing its'
mission in December 2010.45

To ensure that the TRCK's recommendations were properly executed, a Recommendations Follow-Up Board was established in 2007 under the Office of the Prime Minister.46 In 2008 this institution was incorporated into the Ministry of Public Administration and Security following a cabinet reorganization. The Recommendations Follow-Up Board is mandated to help implement the recommendations the TRCK issues under article 34 of the Framework Act. That provision requires the State to endeavor to repair injuries and restore the honor of victims, "to take measures of appropriate legal/political reconciliation, and to take necessary measures to reconcile and unify the nation."47 At the same time, a Reconciliation Committee was established within the TRCK on June 19, 2007 "to administer reconciliation and memorial efforts, establish a road-map for settling the past, investigate psychological damages and development of review programs for reconciliation, and to search for methods to improve recommendations for each individual case."48
Despite the creation of these new institutions, implementation of the TRCK's recommendations has been slow and highly uneven. Relatively easy measures, such the correction of the Family Registry, have largely been accepted and implemented, but politically sensitive or financially burdensome recommendations remain untouched: revision of historical records, legislation for relief of damages, compensation of damages, and peace and human rights education. Given the lack of administrative and political will since Lee Myung-bak's inauguration, certain crucial recommendations, including apology of the responsible governmental bureaus, relief of damages, and revision of historical records, have never even been considered by government for possible implementation. This inaction has been enabled by the TRCK's weak mandate to force implementation of the recommendations. The following sections discuss what has been done to date to implement the TRCK's various recommendations.

A. Recovering the Dignity of the Victims -
Most of the Korean War-related victims' suffering came from the discriminatory treatment they or their families experienced as second-class citizens after being branded as 'traitors' or anti-state criminals. In some cases their property was confiscated or their educational opportunities were blocked, while in other cases people were ostracized as "Reds." For thirty to forty years after the Korean War, these survivors and their family members suffered as a result of guilt-by-association. The official investigation and decision by the Commission was approximately equivalent to the recognition that the victims were killed by authorities without legal grounds. Those who were victimized by false espionage charges or grave human rights violations also recovered their human dignity by the TRCK's fact-finding and conclusions, which established that they were fabricated as espionage by illegal torture or detention.
While the TRCK's reports provided official confirmation of illegal killings, other steps were needed to fulfill the objectives of recovering the victims' full dignity: governmental acknowledgment, apology, new decisions by courts, rewriting history textbooks, and the like. Among these, some measures have been implemented. When a case was resolved, the TRCK organized an official memorial service involving the bereaved, which was held at the county seat.49 Memorial ceremonies funded by the government were tantamount to the government's official recognition of the regrettable deaths. In addition to these efforts, the chairperson, standing commissioners, and members of the Commission consoled the victims' families by participating in joint regional memorial and prayer services in Jeju, Hampyeong, Goyang, Yeosu, Mungyeong, Ulsan, Sancheong, Gochang, Gyeongsan, Haenam, and Ganghwa.50
Such services have been conducted with the involvement of the Governor, the local military commander, the local police chief and other officials, together with the victims' families. In addition, a monument was erected to consecrate the victims. But the type of action taken depended very much on the political circumstances of the region where the atrocities or abuses occurred. In areas such as Jeolla, where more than a third of the petitions submitted to the TRCK originated and where local politics were supportive of the TRCK's activities, the victims have recovered their dignity through these types of official ceremony. But in areas like Gyeongsang where local leaders are generally hostile to the Commission's work, the effectiveness has been quite limited.
The most important results in terms of recovering the dignity of the victims have been seen in the changing views regarding past tragedies that have occurred in many local communities and neighborhoods. These changing views have assisted victims' families in feeling that their "full-citizenship" has been restored. This was partly a result of the fact that local media often covered the TRCK's findings extensively regarding past government wrongdoings and the pent-up grievances of victims.

B. Official State Apology -
Following the TRCK's recommendation, President Roh Mu-hyun publically apologized for the government's illegal exercise of state power during the Korean War.51 On January 24, 2008, President Roh expressed the government's position regarding the settlement of historical issues and offered an official comprehensive apology regarding the illegal exercise of power by past regimes in accordance with the TRCK's recommendation. Through a videotaped message, President Roh made an official apology to the victims and the bereaved families of the Ulsan National Guidance League massacre, although he extended his apology to all Korean War victims. In his words:
I also offer words of apology to all victims, including their families, who were abused by state power. We should take this as a lesson so as to prevent this kind of incident from happening again.52
This apology might constitute a signal of responding to the work of TRCK, which was created through his political will at the special proclamation in August 15, 2004. However, other concerned government officials did not follow the President's lead. The head of the KCIA intelligence service, the National Police Chief and the Secretary of Defense never issued any official apologies concerning the wrongs committed by those institutions. Their inaction meant that those state organizations did not fully accept the TRCK's decision nor even acknowledge its new findings of state atrocities.
Instead of issuing official apologies, they sent their local commanders to the memorial services as a minimum expression of condolence. Sometimes, however, local officials have demonstrated remorse or offered apologies. For the Goyang Geumjeong Cave and Naju Dongbakguljae cases, the local police commissioner and police chiefs participated in the memorial services and expressed deep regret. At other memorial services, local military commanders participated and also expressed their regrets.

C. Reexamination in Court -
The TRCK made a number of recommendations to the government concerning the review of trials in which rulings were made based on the Emergency Measures instituted under the Park Chung Hee's Yushin regime (1972-1979).53 In addition, it recommended separate legislative measures to resolve past human rights infringements brought about by the Yushin Regime. Finally, in reviewing a newly tried case, Korea's Supreme Court determined in 2010 that the Emergency Measures were unconstitutional, a ruling that symbolizes a key act of restitution for those victimized under the
Emergency Measures.54
The Korean courts have re-examined and ultimately reversed the original decisions in several controversial petitions on human rights abuses that the TRCK had verified. The courts have generally accepted the TRCK's investigation as trustworthy findings. In about twenty cases, after retrials, the courts have delivered findings declaring people's innocence, ordering that charges be dropped, and awarding compensation to the petitioners.55
For example, in January 2008, the Commission referred the case of Jo Yong-su, a newspaper editor of the daily Minjok Ilbo who was summarily executed in 1961 on charges of treason, to the courts, asking for a retrial.56 Consequently, forty-seven years after his trial and execution, Jo was found innocent in a court of law.57 Thus far, the Korean courts have consistently accepted the results of the TRCK's findings as true and have reversed numerous past decisions. South Korea's Supreme Court also acquitted a left-leaning party leader who was charged with subversion and espionage, fifty-one years after he was executed by South Korea's first president, Syngman Rhee.58 The case was reopened after the TRCK concluded in 2007 that it was based on flimsy evidence and flawed testimony.59
Many newly verified incidents by the TRCK are now under the reexamination process in the courts.

D. Restorative Measures and Compensation for Victims -
On August 21, 2009, the TRCK officially recommended that the government should enact a special law for compensating victims of civilian massacres, including payment of medical bills in cases where mass victimization was verified.60 However, the National Assembly and Lee Myung-bak government have ignored this recommendation.
As noted above, the reexamination by courts of human rights violation cases has been relatively successful. Nevertheless, there has been some controversy over the desirability of re-examining all such cases one by one. The TRCK recommended that some human rights violation cases, such as those involving the application of the Emergency Measures between 1974 and 1979, should be settled by a decision of the Constitutional Court on the Measures' constitutionality.61 It has thus suggested that the Emergency Measure cases can be solved by nullifying the law, much the same way
Germany carried out the de-Nazification process.62
Recently, Korean War-related victims received welcome news from the South Korean Supreme Court. It reversed the lower court's decision on the Ulsan's National Guidance League (Bodo yeonmang) case, stipulating that the government must not apply the statute of limitations to the victims or their family's petitions for compensation.63 This decision may affect other pending trials in higher courts. But these separate trials also raise doubts about the reparatory measures and whether they should be resolved through individual lawsuits filed by victims. It might be much more efficient and effective to conduct a large, comprehensive administrative process. Indeed, the necessity for enacting a special law for compensating all Korean War related victims has only grown clearer with these recent judicial developments.

E. Reconciliation for Communities -
With respect to "reconciliation," the TRCK has accomplished little of note because neither a single perpetrator nor any responsible state institutions has ever apologized for past misdeeds. The TRCK has been less successful in those objectives than in verifying the facts of specific incidents primarily because it is not empowered to take any measures, beyond making nonbinding recommendations, against individuals or institutions that refuse or fail to fully comply with its recommendations. In order for Korean society to achieve true reconciliation, those institutions most responsible for human rights violations, specifically the KCIA, Ministry of Defense, and the National Police, must officially and openly acknowledge their misdeeds and ask for forgiveness from the victims. Nonetheless, the persistence of Cold War politics in South Korea has allowed these institutions to avoid acknowledging their misdeeds.
The Korean War and state terrorism plunged many villages across the country into ideological strife and mutual distrust. In order for reconciliation to occur, social healing must take place within communities, a process that the government must sponsor or encourage. The work of villagers in Gurim, where about 300 people were killed in the months leading up to the outbreak of the Korean War in 1950, provides an important model of what might be encouraged. There, long before the appearance of TRCK, villagers initiated the process of healing by holding a joint mourning service for all those killed on both sides of the war's divide and by raising money for a memorial.64

F. Publicization of TRCK's Findings and Recommendations -
Although the TRCK's official report and documents are important to recover the dignity of victims and their family members, it is also imperative to reveal this history to Korean citizens through public education in order to begin healing society's ills. Under the pressure of dealing with victim petitions, the TRCK had little time or budget to publicize its findings. The conservative media, for its part, has almost completely ignored the new facts and documents that the TRCK uncovered and released, choosing instead to reinforce the official versions of history that have been put forward in the past. As a result, the TRCK's work has attracted little attention from ordinary Koreans and has left much to be done in publicizing its findings and achievements. At the same time, the situation has deteriorated in important respects.
The Lee Myung-bak government has gone so far as to assert that some current history textbooks are so liberal or left-oriented that they should be revised. In response, Korea's ministry of education released updated authorization standards for new textbooks, in which a description of the Gwangju 5.18 democracy movement was omitted.65 In this environment, the newly discovered historical truths of the TRCK have had little chance to be publicized in readable form.
Applicable laws and systems must therefore be supplemented so that all documented reports from the TRCK's investigations can be systematically categorized, filed, and stored at an archival institute independent from the National Archives. The existing documents have been moved to the National Archives and are now being processed. These special documents must nonetheless be preserved in separate institutions as well so that the peoples' right to know can be fulfilled.

G. Settlement of U.S.-Related Incidents -
A large number of U.S.-related incidents remain unresolved. In 2001, before the establishment of the TRCK, the Pentagon acknowledged that American soldiers shot and killed unarmed civilians near the South Korean hamlet of No Gun Ri in 1950.66 However, the official report attributed the deaths to confusion and even fear on the part of the soldiers rather than to an order to fire upon refugees. This was the U.S. government's reason for rejecting the No Gun Ri survivors' demand for an apology and compensation based on the report by the joint investigation with its Korean counterpart, which decided that the No Gun Ri Killings were not 'deliberate' or carried out under orders.67
The TRCK has also uncovered many cases of civilian massacres committed by American forces during the Korean War, and it recommended that the South Korean government negotiate their settlement with the United States.68 The American government must conduct additional investigations and provide redress concerning such crimes. The TRCK's recommendations correspondingly included the need for an official state apology and the holding of a memorial event, as well as measures to compensate the victims through negotiations with the U.S. government.69 However, the TRCK did not receive any answer from either the South Korean or the U.S. government. The primary responsibility to press the issue lies with the Korean government, but it appears that Korea's Ministry of Defense might never convey the recommendation to the U.S. government. In an interview with the New York Times, Lt. Col. Almarah Belk, a Pentagon spokeswoman in Washington, said she did not "have any information on investigations into new findings as it relates to deaths of Koreans during the Korean War by U.S. military action."70 The U.S. Embassy has stated that no government agencies or officials in Seoul had approached it concerning compensation for victims.71 Spokesman Aron Taver also said that the Embassy had not
been monitoring the Commission's findings.72
Absent an official request from the Korean government, the U.S. government may feel no need to respond to the TRCK's findings and recommendations. To achieve truth and reconciliation, however, the U.S. government must address this issue by responding to an official request, and the South Korean and U.S. governments should establish a joint investigation team to fully resolve this problem.73

H. Exhumations and National Memorial Sites for Burial -
Korea also needs to plan the enshrinement of victims' remains and future exhumation work by issuing applicable regulations or laws and by securing the necessary finance and procurement measures.74 For a period of six months starting from December 2006, the TRCK investigated an estimated 154 burial grounds scattered across the nation, and immediately began exhumations at thirty-nine locations. During its time, the TRCK could only exhume about twenty percent of the probable sites, focusing on those that were expected to be the largest burial sites. It was hampered, however, even with respect to some of the most probable sites, like Daegon, given its lack of legal authority to conduct exhumations on private property.
In order to sustain the exhumation of the remaining sites, the legal groundwork must be prepared. This will depend both on favorable public opinion and the political will of government. The TRCK also recommended that the National Assembly and the government enact a special law mandating exhumation of all remaining burial grounds and establishing permanent burial sites,75 but no response from the authorities concerning this recommendation has been received to date.

I. Preventative Measures and Education -
Some say that no measures short of punishment are effective in preventing the possible recurrence of state violence, but in the process of enacting the Framework Act it was generally assumed that any move to enact a special law to prosecute individuals for these atrocities was likely to set off strong protests among conservatives in Korea. Any such law would also require the removal of the statute of limitations on human rights cases, which the current majority of Korean lawmakers is opposed to abolishing. The probability of punishing perpetrators may thus depend on future political transformation and the strength of people's supportive opinion on this issue.
At the same time, changes in the law are crucial. The majority of petitions submitted to the Commission involved illegal acts conducted by state power. These illegal acts have long been legitimized in the name of anticommunism under such laws as the National Security Act. Such laws must be reformed or abolished in order to prevent further state violence. Strong public abolitionist movements to this end emerged in the 1990s under the Roh Moo-hyun government, but eventually failed under stalwart conservative party opposition.
It is therefore critical to prepare appropriate judicial reforms to prevent the reoccurrence of similar incidents in the future, and to reform the nation's laws that justify abusive state power on grounds of anticommunism. At the same time, educational measures must be taken to spread awareness of the Commission's work so as to foster an accurate understanding of the past.

J. Permanent Foundation for Research, Education and Memory -
As suggested in the Framework Act, a permanent memorial and research foundation should be established for the purpose of continuing to memorialize and clear up past incidents, especially through research and education.76 Nonetheless, no progress has been made with regard to establishing memorials and monuments, establishing and managing the memorial archives, and completing the overall plan to found a research center to house the archives and preserve the historical legacies introduced through the TRCK's findings.

K. Establishing a Healing Center for Suffering Victims -
The TRCK was not able to investigate how many of the victims or their families are still suffering from physical or psychological problems caused by state violence. The TRCK conducted a study on such problems by collecting information on 514 people who petitioned the TRCK. It has been reported that 38.9 percent of the massacre-related victims and 48.8 percent of the human right violation related victims suffered from PTSD symptoms.77 Therefore, a government administered healing center should be established for those victims.

The TRCK closed its doors in December 2010 without seeing its recommendations fully implemented. Most petitioners, especially the families of victims who died in massacres, feel relieved that the TRCK has finally paid attention to their grievances for the first time in Korean history. The TRCK's investigation and the judiciary's acknowledgement, not to mention its awarding of compensation to the victims or their families, have gone a long way toward promoting reconciliation between the state and its victims. Unfortunately, the nonbinding recommendations that the TRCK gave to other concerned governmental organizations faced opposition and have not been sufficiently implemented. Faced with an unfavourable political environment after 2008, the TRCK could only carry out its minimal function of investigating all cases for which it had received petitions.
The TRCK experience offers many lessons, even as its implementation process continues. The most important of these is perhaps that political support for transitional processes is variable and must be taken into consideration when undertaking reconciliation efforts. Since the inauguration of the conservative President Lee Myung-bak in 2008, concerns for justice and human rights, which constituted the dominant discourse in the prior liberal administrations of Kim Dae Jung and Roh Mu-hyun and which provided a facilitating environment for the TRCK's establishment and operation, have faced challenges from the rise of neoliberal discourse and a new authoritarianism.
Within this context, many Koreans have raised daunting question about whether the TRCK contributed to preventing the recurrence of human rights abuses or achieving judicial justice. Many also doubt the effectiveness of any organization that has no mandate to punish perpetrators. The effectiveness of the TRCK must thus continue to be studied closely as the implementation process proceeds. At the same time, in watching the new government's nullification of the TRCK's past-dealing project, it has become apparent that government-sponsored justice can face serious distortions. Indeed, there is the perverse possibility that a state-led justice initiative may re-legitimate state apparatuses and their authority. As such, the final goal of Truth Commissions should be empowering civil Society to take forward the justice project. This can be done by revising the laws, ideologies and institutions that have enabled human rights violations in the past. It will also require the establishment of permanent foundation that can carry forward the Commission's work. In this way, the TRCK's work should be connected to continuous political change that may bring about a more advanced stage of justice, with the TRCK seen as part of a long struggle for justice, not its end. As Yoneyama argues, the "insufficiency of the TRC's mission demands not just a single but rather ceaseless regime change."78
In the face of such challenges, civic groups and organizations of bereaved families have already taken steps to move beyond relying exclusively on governmental institutions for historical redress. They are poised to emerge yet again as the leading force for past-dealing activities in their ever successful but never complete quest for truth and reconciliation. Korea's efforts to realize "the transformative potential of historical redress" thus continue.79
The South Korean government can nevertheless take several specific measures to help ensure the TRCK's efforts meet with lasting success. Perhaps most importantly, it should revise the Framework Act to give victims another opportunity to bring petitions for investigation and historical clarification. In the year statutorily allowed for such purposes by the original act, about ten thousand petitions were submitted and investigated by the TRCK. It is nonetheless reasonable to presume that many of the wartime victims were reluctant to apply because of the long-held fear of additional reprisals from the government. This would mean an extension of the TRCK's investigative mandate or the creation of a permanent post in government that would serve the same function.
At the same time, the South Korean government should authorize compensation and other restorative measures for citizens, such as official apologies by the heads of key government bureaucracies and other forms of assistance for suffering victims. Incidents of abuse by U.S. forces, insufficiently investigated by the TRCK, should also be addressed. Finally, the government must establish mechanisms for broadly disseminating and preserving information on the history of human rights abuses in Korea. In sum, much remains to be done and it will not be easy to accomplish.

1. The Framework Act on Clearing up Past Incidents for Truth and Reconciliation, Act. No. 7542, May 31, 2005 [hereinafter Framework Act], translation available at [] [].

2. See Kim Dong-Choon, The Long Road Toward Truth and Reconciliation, 42 CRITICAL ASIAN STUD. 525 (2010) (tracing the genealogy of the TRCK and victim-centered activism for redressing the past back to the 1960s, while recognizing that full-fledged activism started only in 1987 after the demise of military rule).

3. Special Act Concerning the 18 May Democratization Movement, Act. No. 5029, Dec. 21, 1995. On August 25, 1995, 30,565 professors from seventy-eight universities signed the petition demanding the special law. At the same time, members of 300 trade unions marched in Seoul demanding justice for Gwangju. By November, more than 700,000 signatures were gathered. On November 24, 1995 Kim Young-sam ordered the special law to be drafted.

4. Special Measures Act for Recovering the Dignity of the Victims of Guchang and other Incidents, Act. No. 5148, Jan. 15, 1996.

5. The Jeju April 3 Incident was a series of events in which thousands of islanders were killed as a result of clashes between guerrilla and government forces. The Jeju branch of the South Korean Labor Party organized uprisings against the American-sponsored Rhee Syngman groups. They began protesting the general election that the divided government would be built on in 1948. Confronted with a government suppression policy, the guerrillas were forced to hide on Halla Mountain. During the suppression operations, nearly thirty-thousand civilians were known to have been killed by the National Police, Northwest Youth, and National Guard. Since the incident occurred during the U.S. military government's occupation, this operation, which resulted in numerous civilian deaths, was conducted under the sponsorship of U.S. forces. See Hunjoon Kim, Seeking Truth after 50 Years: The National Committee for Investigation of the Truth about the Jeju 4.3 Events, 3 INT'L J. OF TRANSITIONAL JUSTICE 406-423 (2009).

6. The Commission was established in the Special Act to Find the Truth on Suspicious Deaths, Act. No. 6123, Jan. 12, 2000.


8. For the full text of President Roh Moo-hyun's speech (in Korean), see No-cut News, Aug. 15, 2004, available at [] [].

9. Framework Act, supra note 1, art. 1.

10. TRCK 2009 REPORT, supra note 7, at 5. A more detailed breakdown is included in the Framework Act itself, which includes:
1. Anti-Japanese movements during the period of Japanese colonial rule starting  in 1910 and in the early years following Korea's liberation on August 15, 1945;
2. Efforts by exiled or overseas Koreans to uphold Korea's sovereignty and enhance Korea's national prestige from the Japanese occupation to the enforcement date of this Act;
3. Massacres from August 15, 1945 to the Korean War;
4. Incidents of death, injury or disappearance, and other major acts of human  rights violations, including politically fabricated trials, committed through the illegal or seriously unjust exercise of state power, such as the violation of the constitutional order, from August 15, 1945 to the end of the authoritarian regimes (1987);
5. Terrorist acts, human rights violations, violence, massacres and suspicious deaths by parties that denied the legitimacy or were hostile towards the Republic of Korea from August 15, 1945 to the end of the authoritarian regimes (1987);
6. Incidents that are historically important and incidents that the Commission  deems necessary.
Framework Act, supra note 1, art. 2.

11. Framework Act, supra note 1, art. 3(2).

12. Sidestepping the issue of punishment and compensation has affected the investigations of the TRCK, raising doubts about whether truth can be achieved without punishment.

13. This sentiment was expressed not only by victims and activists of the Gwangju Democratization movements, but also by Gwangju citizens in general, who tended to view such measures as unacceptable and unjust. They believed that no reparatory measures could be executed in the absence of a truth-finding process. The bill designed by the Roh Tae-woo government only vaguely defined the historical significance and precise timeframe of the incident, and it defined the beneficiaries of the bill as those who were "related to" the Gwangju Democratization Movement without specifying what "related to" meant. See Shin Il-sup, The Politico-social Meaning of Gwangju Compensation Act, in 5.18 PEOPLES' RESISTANCE AND LEGAL STUDIES 173-204 (5.18 Memorial Foundation ed., 2006).

14. South Africa's Truth and Reconciliation Commission (TRC) was a court-like body assembled in South Africa after the abolition of apartheid. Witnesses who were identified as victims of gross human rights violations were invited to give statements about their experiences, and some were selected for public hearings. Perpetrators of violence could also give testimony and request amnesty from both civil and criminal prosecution. See generally TRUTH AND RECONCILIATION COMMISSION OF SOUTH AFRICA, TRUTH AND RECONCILIATION COMMISSION OF SOUTH AFRICA REPORT, vol. 1 (1998), [] [].

15. The Framework Act allows the Commission to recommend that immunity be granted to perpetrators actively cooperating with the Commission by confessing his/her crime during the investigation. See Framework Act, supra note 1, art. 38.

16. Id. art. 25.

17. TRCK 2009 REPORT, supra note 7, at 15.

18. Framework Act, supra note 1, art. 4.

19. Id. art. 25.

20. Id. arts. 19, 22(3).

21. Id. art. 19(2).

22. Specifically, 7,922 out of the 10,860 petitions submitted to the TRCK involved incidents related to Korean War massacres. TRCK 2009 REPORT, supra note 7, at 20.

23. According to the Framework Act, the Commission shall reject a petition if it does not fall within the subject matter of the Commission's investigatory authority, if its contents are deemed evidently false or ill-founded, or if it contains identical facts to a previously dismissed petition. See Framework Act, supra note 1, art. 21.

24. Id. art. 22(3).

25. Id. art. 28. Responses to written objections were required to be made within sixty days of their receipt. Id. art. 28(5).

26. Id. art. 32.

27. Id.

28. Id.

29. It was able to recommend that perpetrators who actively cooperated with the Commission by confessing their crimes during the investigation be granted immunity from criminal prosecution or investigation, that their punishment be mitigated or that, if already convicted, that they be pardoned. See id. art. 38(1). State institutions were not, however, required to follow such recommendations, even though the Framework Act suggested that they "shall" respect the TRCK's decisions and recommendations. Id. art. 38(2).

30. If the reference witness refuses to appear, the TRC can issue an order of accompanying for the person. See id. art. 24. If that order is rejected without reasonable grounds, the person subject to the warrant of accompanying shall be fined up to $10,000. Id. art. 47. This enforcement provision is nonetheless largely symbolic on two levels. On the one hand, perpetrators and reference witnesses may prefer to pay the fine rather than confess their past misdeeds and live with the corresponding dishonor. On the other, the TRCK only rarely issued an order of accompanying and never in fact fined anyone who refused to appear.

31. Although the Framework Act requires that parties receiving requests for materials for TRCK investigations "should not reject such submission without reasonable ground[s]," it allows an exception where the appropriate minister in charge of the relevant institution submits an explanation within five days stating that the information is "classified information regarding the military, diplomacy, or North Korean relations, and the release of such material would endanger national security." See id. art. 23(8).

32. They would nonetheless be required to submit the requested information to the TRCK for its exclusive inspection by the commissioners, "provided that the Commission shall not release the articles or materials to the public." Id. art. 28(9).

33. Choe Sang-Hun, Korea Investigates Atrocities in Race against Time, N.Y. TIMES, Sept. 3, 2009.

34. Id. Summary executions were widely conducted by South Korean forces against suspected communists during the Korean War. They were believed to be inevitable and justifiable in the civil war. See DONG-CHOON KIM, THE UNENDING KOREAN WAR: A SOCIAL HISTORY 143-212 (Sung-ok Kim trans., 2009).

35. See, e.g., Editorial CHOSUN ILBO, Mar. 15, 2007 (arguing that the TRCK's forthcoming report is destined "to be another Korean history textbook like those written by leftists before").

36. These bills were not passed. They nonetheless intended to abolish all of the past-dealing commissions still in operation.

37. The police and the National Intelligence Service under the current Lee Myung-bak administration are uncooperative, a sharp contrast to the TRCK's work with them during the previous Roh Mu-hyun administration.

38. For a list of the primary media coverage of the TRCK, see TRCK 2009 REPORT, supra note 7, at 133-37.


40. The TRCK found, for example, that in August 1950, sixty-nine civilians were killed in the Uiryeong region by U.S. bombings. The TRCK also found that between August 2 and September 26, 1950, civilians in the Haman region of Gyeongnam Province were killed by U.S military aerial bombings and strafing fire, and that between January and February 1950, U.S. Air Force bombings and machine gun assaults killed at least forty-seven civilians in the Gyeonggi region. Significantly, of the 1,222 incidents classified as massacres by the TRCK,, 215 were found to have been committed by the United States military. See TRCK 2009 REPORT, supra note 7, at 41. See also Charles J. Hanley, No Gun Ri: Official Narrative and Inconvenient Truths, 42 CRITICAL ASIAN STUD. 589 (2010); Suh Hee-Kyung, Atrocities Before and During the Korean War: Civilian Killings by South Korean & U.S. Forces, 42 CRITICAL ASIAN STUD. 553 (2010); Kim Tae-woo, A Study of the Aerial Bombing by the United States Air Force During the Korean war (2008) (unpublished Ph.D thesis, Seoul National University).

41. TRCK 2009 REPORT, supra note 7, at 35-36.

42. See id. at 35-38. Beginning with Bongseong Mountain in Gurye, Jeonnam Province in June 2007, a total of approximately 400 bodies were found, and in the cobalt mines in Gyeongsan Province, 240 bodies and 1,085 artifacts, including bullet casings, seals, and nametags were discovered. In addition, 110 bodies were found at Cheongwon Bunteogol; 34 bodies were found at Gollyeonggol in Daejeon; and 13 bodies were found at Bongseong Mountain in Gurye. Id.

43. Id. at 106.

44. Id. at 107.

45. See TRCK COMPREHENSIVE REPORT, supra note 39, at 199; Final Recommendations of the Truth and Reconciliation Commission, Republic of Korea, 19 BUFF. HUM. RTS. L. REV. __ (2012) (Mark Nathan & Eon Joo Park, trans.) [hereinafter TRCK Final Recommendations].

46. Regulations on the Establishment and Operation of the Recommendations Follow-Up Board, Presidential Decree No. 195, Aug. 27, 2007.

47. Framework Act, supra note 1, art. 34.

48. TRCK 2009 REPORT, supra note 7, at 107.

49. See Kim Dong Choon & Mark Selden, South Korea's Embattled Truth and
Reconciliation Commission, ASIA-PACIFIC J.: JAPAN FOCUS (Mar. 1, 2010), available at [] [].

OF KOREA, Sept. 30, 2009, available at [] [].

51. President Roh Mu-hyun officially apologized for the abuses perpetrated by the  previous government and expressed his condolences to the Jeju April 3 victims. The report changed the existing name of the incident, April 3 Jeju Rebellion Incident, to the Jeju April 3 Incident. This change has raised serious disputes over which name should be used. The Korean government's official recognition of the existence of the Jeju April 3 Incident's civilian victims is a crucial step on the road of historical settlement of Korean War massacres.

52. TRCK 2009 REPORT, supra note 7, at 108.

53. The Yushin Regime, the final era of the Park Presidency, was notorious for oppressing dissidents and committing grave human rights violations, torture, espionage, fabrication and disappearance of main political opponents. The Emergency Measures functioned as all-mighty laws in oppressing the dissidents.

54. See Supreme Court [S. Ct.], 2010Do5986, Dec. 16, 2010. This decision, reached on December 17, 2010, was grounded directly in the TRCK's finding that the use of the "Emergency Measures" by Park Chung-hee's administration in the 1970s constituted a grave infringement of citizens' constitutionally guaranteed basic rights. This finding marked the first time a state commission had stated that all of the Emergency Measures represented the illegal and improper exercise of public authority. See State Commission Finds all Emergency Measures Violated Basic Rights: Truth and Reconciliation Commission Pushes for a Constitutional Court Ruling on Park Chung-hee Administration's Emergency Measures, THE HANKYOREH Sept. 2, 2009, available at [] [].

55. By July of 2010, the TRCK had recommended forty-two cases to the courts for re-examination. The most well-known of these cases is that of Gang Ki-Hoon. In 2007, all charges were dropped against Gang Ki-hoon after sixteen years, three years of which he had spent in prison. He had been charged under the government of former President Roh Tae Woo in 1991 with forging the will and testament of his friend and fellow activist, Kim Ki-sul (who burned himself to death in May of that year in protest against the military government). The Roh Tae Woo government alleged that activists were encouraging people to kill themselves and were even prepared to ghost write their wills, with the case developing into a Korean version of the Dreyfus affair. It ended only in 2007 with the release of the results of a fresh investigation by the National Institute of Scientific Investigation, or NISI, confirming that the will had indeed been written by Kim. See generally Gavan McCormack & Kim Dong-Choon, Grappling with Cold War History: Korea's Embattled Truth and Reconciliation Commission, ASIA-PACIFIC J.: JAPAN FOCUS (Feb. 21, 2009), available at [] [].

56. See generally TRCK 2009 REPORT, supra note 7, at 100 (referencing case, verified by Commission on Nov. 28, 2006).

57. Editorial, The Historic Acquittal of Jo Yong-su, THE HANKYOREH, Jan. 17, 2008, available at [] [].

58. See Editorial, Cho Bong-am and Judicial Homicide, THE HANKYOREH, Jan. 21, 2011, available at [] [].

59. See TRCK 2009 REPORT, supra note 7, at 98 (referencing Jo Bong-am case).

60. See TRCK COMPREHENSIVE REPORT, supra note 39, at 35; TRCK Final Recommendations, supra note 45, at ___.

61. See Human Rights Abuses by the Emergency Decrees of the Yushin, TRUTH AND RECONCILIATION COMMISSION, REPUBLIC OF KOREA (Sept. 18, 2009), available at
[] [].

62. See Lee Jae-Seung, The Korean National Assembly Must Settle the Tie of the Emergency Measures, THE HANKYOREH, Feb. 1, 2007.

63. See Kim Rahn, Compensation Claim Period Limitless for Inhumane State Crimes, THE KOREA TIMES (Sept. 8, 2011), [] [].

64. See Choe Sang-Hun, From a Brutal Past, a South Korean Village Strives for Reconciliation, N.Y. TIMES Feb. 17, 2008, available at [] [].

65. See Editorial, Depoliticizing History Textbooks, The Hankyoreh Nov. 19, 2011, available at [] [].

66. See Norman Kempster, Clinton 'Regrets,' Doesn't Apologize for, No Gun Ri, L.A. TIMES, Jan. 12, 2001, available at [] [].

 67. American historian Sahr Conway-Lanz has said that the No Gun Ri report omitted the declassified letter of Ambassador Muccio, which referenced a policy decision taken at the high-level U.S.-South Korean meeting regarding permission to fire on refugees. See Sahr Conway-Lanz, Beyond No Gun Ri: Refugees and the United States Military in the Korean War, 29 DIPLOMATIC HISTORY 49 (2005). In its 2001 report, the U.S investigation team said it had learned of the other civilian killings by U.S forces, but it indicated that they would not be investigated. See DEPARTMENT OF THE ARMY INSPECTOR GENERAL, NO GUN RI REVIEW (2001), available at [].
Also see No Gun Ri Incident: Implications for the U.S. Army, A Monograph by Major Moo Bong, Ryoo, Republic of Korea Army []

68. TRCK Final Recommendations, supra note 45, at ___.

69. See id. at __.

70. Choe Sang-Hun, Unearthing War's Horrors Years Later in South Korea, N.Y. TIMES, Dec. 3, 2007, available at [] [].

71. See Charles J. Hanley & Jae-Soon Chang, Commission Seeks U.S. Compensation for War Crimes, THE SUN, Aug. 4, 2008, available at [] [].

72. See id.

73. There is an outcry of U.S-related victims. See Ashley Rowland & Yoo Kyong Chang, Former Residents of Island Seek Reparations for Incheon Assault, STARS AND STRIPES, Apr. 23, 2011, available at [] [].

74. See TRCK Final Recommendations, supra note 45, at ___

75. Id. at __.

76. Framework Act, supra note 1, art. 40.

77. TRCK COMPREHENSIVE REPORT, supra note 39, at 156-57.

78. Lisa Yoneyama, Politicizing Justice: Post-Cold War Redress and the Truth and Reconciliation Commission, 42 CRITICAL ASIAN STUDIES 653 (2010).

79. Id.