Act Governing the Recovery of Damage of Individual Rights during the Period of Martial Law Article 6

Under one of the following circumstances, during the period of Martial Law, any individual who has been convicted of the offenses of sedition or treason, or the crimes under the Statute for the Punishment of Treason or Statute for the Eradication of Communist Espionage may petition the district court having proper jurisdiction for national tort claims, and the relevant provisions of the Law of Compensation for Wrongful Detentions and Executions are applicable, mutatis mutandis, in this regard:1. those who have been arrested and restricted in personal freedom but released by the police department on its own initiative for lack of evidence, or2. those who have been detained or not been released in accordance with the law before or after the non-prosecution ruling, or3. those who have been detained or received execution of sentences but have been affirmatively found innocent, or those who have not been released in accordance with the law after having been affirmatively found innocent, or4. those who have completed their guilty judgment, reformatory education or disciplinary education for the conviction but have not been released in accordance with the law,The claim, as specified in the preceding paragraph, is extinguished by prescription if it is not exercised within five years from the date of the amendment promulgation of this Act.