Act On Criminal Compensation And Restoration Of Impaired Reputation


Published: 2011-05-23

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month, or Get a Day Pass for only USD$9.99.
CHAPTER Ⅰ GENERAL PROVISIONS
law view
 Article 1 (Purpose)   print
The purpose of this Act is to contribute to fair compensation for persons who have received a verdict of 'not guilty', etc. in criminal procedure and to the actual restoration of the impaired reputation thereof by providing for methods of, procedure for and others of criminal compensation and restoration of impaired reputation for such persons.
CHAPTER Ⅱ CRIMINAL COMPENSATION
law view
 Article 2 (Requirements for Compensation)   print
(1) In cases where the defendant in a case finalized by a verdict of 'not guilty' in the ordinary procedure, retrial or extraordinary appeal procedure in accordance with the Criminal Procedure Act has been placed under detention without conviction, he/she may claim compensation for such detention to the State in accordance with this Act.
(2) In cases where the defendant in a case finalized by a verdict of 'not guilty' in an appeal after the recovery of the right to appeal, retrial or extraordinary appeal procedure has been placed under detention or has fulfilled a sentence by the original judgment, he/she may claim compensation for such detention or execution of the sentence.
(3) For the purposes of paragraph (2), detention referred to in Article 470 (3) of the Criminal Procedure Act and arrest referred to in Articles 473 through 475 of the same Act shall be deemed detention or execution of a sentence.
law view
 Article 3 (Claims for Compensation by Successors)   print
(1) When a person entitled to claim compensation pursuant to Article 2 dies without claiming the compensation, the successor thereof may claim the compensation.
(2) When a verdict of 'not guilty' is rendered regarding a deceased person in a retrial or extraordinary appeal procedure, it shall be deemed to have been rendered at the time of death with respect to claims for compensation.
law view
 Article 4 (Cases Which May Not Be Compensated)   print
In cases falling under any of the following subparagraphs, the court may wholly or partially dismiss a claim for compensation at its discretion:
1. Where a verdict of 'not guilty' is rendered on grounds referred to in Articles 9 and 10 (1) of the Criminal Act;
2. Where the person in question is recognized to have been indicted or placed under detention without conviction, or has received a verdict of 'not guilty' due to false confessions or other evidence of his/her guilt that he/she has made for the purpose of misleading investigations or verdict;
3. Where a verdict of 'not guilty' is rendered to part of concurrent offenses and a verdict of 'guilty' to another part in a single trial.
law view
 Article 5 (Details of Compensation)   print
(1) When compensating for detention, the amount of compensation shall be paid by apportioning a daily amount determined to be not less than the minimum daily wage under the Minimum Wage Act of the year in which the grounds for claiming the compensation have taken place but not more than the amount determined by Presidential Decree to the number of days of such detention.
(2) When a court calculates the amount of compensation under paragraph (1), it shall take the following matters into account:
1. Kind and length of detention;
2. Property loss sustained, loss of profits which could have been earned, and mental suffering and physical injuries experienced during the period of detention;
3. Intentions or errors of the police, prosecutor's offices and courts;
4. All other circumstances concerned with the calculation of amount of compensation.
(3) When compensating for the execution of death penalty, an amount determined within the scope of 30 million won and recognized by the court to be reasonable in consideration of all circumstances shall be added to the amount of compensation for the detention which has taken place before the execution. In such cases, when the amount of property losses caused by the death of the person in question is verified, the amount of such losses shall be also compensated.
(4) When compensating for a fine or a fine for negligence imposed, the sum of the amount of the fine or the fine for negligence already collected and the amount obtained by applying the legal rate in Article 379 of the Civil Act to the number of days from the date following the date of collection to the date on which a decision to compensate is made shall be compensated.
(5) Paragraph (1) shall apply mutatis mutandis to compensation for detention in a workhouse.
(6) When compensating for confiscation, the items confiscated shall be returned, and if such items have been already disposed of, the prices of such items at the time when a decision to compensate is made shall be compensated.
(7) When compensating for penalty surcharges, the sum of the amount of such money and the amount obtained by applying the legal rate in Article 379 of the Civil Act to the number of days from the date following the date of collection to the date on which a decision to compensate is made shall be compensated.
law view
 Article 6 (Relations with Compensation for Damage)   print
(1) This Act shall not prohibit persons entitled to compensation from claiming compensation for damage under other Acts.
(2) In cases where a person entitled to compensation under this Act has received compensation for damage under other Acts for the same cause, if the amount of such compensation for damage equals or exceeds the amount of compensation he/she will receive under this Act, he/she shall not receive compensation under this Act. When the amount of such compensation for damage is less than the amount of compensation he/she will receive under this Act, the amount of compensation shall be determined by deducting the amount of such compensation for damage.
(3) In cases where a person entitled to compensation for damage under other Acts has received compensation under this Act for the same cause, the amount of the compensation for damage shall be determined by deducting the amount of such compensation.
law view
 Article 7 (Competent Courts)   print
Each claim for compensation shall be filed with the court which has rendered a verdict of 'not guilty'.
law view
 Article 8 (Period for Claiming Compensation)   print
Each claim for compensation shall be filed within three years from the date of becoming aware of the fact that a verdict of 'not guilty' is finalized and five years from the time when a verdict of 'not guilty' is finalized.
law view
 Article 9 (Methods for Claiming Compensation)   print
(1) When claiming compensation, a written claim for compensation shall be submitted to the court accompanied by a certified transcript of a written judgment and a certificate showing that the judgment is finalized.
(2) Each written claim for compensation shall include the following matters:
1. Claimant's original domicile, address, name and date of birth;
2. Grounds for the claim and the amount claimed.
law view
 Article 10 (Vindication by Successors)   print
When a successor claims compensation, he/she shall submit materials vindicating the presence or non-presence of successors in the same rank as that of his/hers.
law view
 Article 11 (Effect of Claims for Compensation by Successors)   print
(1) When several successors exist in the same rank entitled to claim compensation, if one of them has claimed the compensation, he/she shall be deemed to have claimed the full compensation on behalf of all the people entitled to claim the compensation.
(2) In cases falling under paragraph (1), successors, other than the successor who has filed a claim, may participate in the proceedings as a joint claimant.
(3) In cases falling under paragraph (1), if the court realizes that another successor exists in the same rank entitled to claim compensation, it shall, without delay, notify such successor of having received a claim for compensation.
law view
 Article 12 (Cancellation of Claims for Compensation)   print
(1) In cases where several successors exist in the same rank, the person who has filed a claim shall not cancel the claim without the consent of all the rest of the successors.
(2) When a claim for compensation is cancelled, none of persons entitled to claim the compensation shall claim the compensation again.
law view
 Article 13 (Claims for Compensation by Proxy)   print
Any claim for compensation may be filed by proxy.
law view
 Article 14 (Trials on Claims for Compensation)   print
(1) Each claim for compensation shall be tried by the collegiate division of a court.
(2) Each court shall make decisions on claims for compensation after listening to the opinions of prosecutors and claimants.
(3) The original copy of decisions referred to in paragraph (2) shall be sent to public prosecutors and claimants.
law view
 Article 15 (Matters to be Investigated Ex Officio)   print
Each court shall investigate ex officio the number of days of detention or the details of punishments, which are facts forming the basis for claims for compensation.
law view
 Article 16 ( Decisions to Dismiss Claims for Compensation)   print
In cases falling under any of the following subparagraphs, the court shall render a decision to dismiss a claim for compensation:
1. Where the procedure for claiming compensation is in violation of methods prescribed by Acts and subordinate statutes and cannot be corrected and supplemented;
2. Where a claimant fails to comply with a corrective order and supplementation issued by a court;
3. Where compensation is claimed after the lapse of the period for claiming compensation referred to in Article 8.
law view
 Article 17 (Decisions to Compensate or to Dismiss Claims)   print
(1) When a claim for compensation is reasonable, a decision to compensate shall be made.
(2) When a claim for compensation is groundless, a decision to dismiss the claim shall be made.
law view
 Article 18 (Effect of Decisions)   print
In cases where several successors exist in the same rank entitled to claim compensation, a decision to compensate or a decision to dismiss a claim referred to in Article 17 which is rendered to one of them shall be deemed to be rendered to all the successors in the same rank.
law view
 Article 19 (Interruption of and Succession to Claims for Compensation)   print
(1) When a person who has claimed compensation dies during the proceeding of the claim or loses his/her status of successor, if no other claimant exists, the proceeding of such claim shall be interrupted.
(2) In cases falling under paragraph (1), the successor to the person who has claimed compensation or a successor in the same rank as that of the successor who has claimed compensation may succeed the proceeding of the claim within two months.
(3) Each court shall, without delay, notify persons eligible to succeed the proceeding pursuant to paragraph (2) and known to the court to succeed the proceeding of the claim within the period referred to in paragraph (2).
(4) When no application is filed for succession to proceedings within the period referred to in paragraph (2), the court shall render a decision to dismiss the claim.
law view
 Article 20 (Applications for Dissatisfaction)   print
(1) An immediate appeal may be filed against a decision to provide compensation referred to in Article 17 (1) within one week.
(2) An immediate appeal may be filed against a decision to dismiss a claim referred to in Article 17 (2).
law view
 Article 21 (Claims for Payment of Compensation)   print
(1) Any person that intends to claim the payment of compensation shall submit a written claim for the payment of compensation to the prosecutors' office corresponding to the court which has rendered the decision to provide compensation.
(2) A written court decision to provide compensation shall be attached to a written claim referred to in paragraph (1)
(3) When no claim for the payment of compensation is filed within two years after a decision to compensate is sent, the right to claim shall be lost.
(4) When several persons eligible for compensation exist, if one of them has filed a claim for the payment of compensation, he/she shall be deemed to have filed a claim for the payment of full compensation on behalf of those who have undergone a decision to provide compensation.
law view
 Article 22 (Effect of Payment of Compensation)   print
When several persons eligible for compensation exist, the payment of compensation to one of them shall take effect on all of them.
law view
 Article 23 (Prohibition of Transfer and Seizure of Rights to Claim Compensation)   print
No right to claim compensation shall be transferred or seized. The same shall apply to the right to claim the payment of compensation.
law view
 Article 24 (Provisions Applicable Mutatis Mutandis)   print
Except as otherwise provided for in this Act, the provisions of the Criminal Procedure Act shall apply mutatis mutandis to decisions and immediate appeals under this Act. The same shall apply to periods.
law view
 Article 25 (Publication of Decisions to Compensate)   print
(1) When a decision to provide compensation is made final and conclusive, the court shall publish the summary of such decision to provide compensation in the Official Gazette within two weeks. In such cases, when requested by the person who has obtained such decision to provide compensation, the court shall publish the summary of such decision in each of two or more kinds of daily newspapers chosen by such person once, and such publication shall be made within 30 days from the date of request.
(2) Paragraph (1) shall apply mutatis mutandis to cases where a decision to dismiss a claim for compensation is made final and conclusive on grounds referred to in the former part of Article 6 (2).
law view
 Article 26 (Cases of Acquittal of Public Actions, etc.)   print
(1) Even in cases falling under any of the following subparagraphs, compensation for detention may be claimed to the State:
1. Where a defendant who has received final and conclusive judgment of acquittal of public actions or discharge from prosecution in accordance with the Criminal Procedure Act had had enough causes to receive a verdict of 'not guilty' if he/she would not have had causes to be tried for the judgment of acquittal of public actions or discharge from prosecution;
2. Where the case of medical treatment and custody of a candidate for medical treatment and custody for whom an independent application for medical treatment and custody is filed pursuant to Article 7 of the Medical Treatment and Custody Act is finalized by a judgment of dismissal of application, for the case is found not to constitute an offense or falls into the time when there is no evidence of criminal facts.
(2) Provisions pertaining to compensation for the defendants of cases finalized by a verdict of 'not guilty' shall apply mutatis mutandis to compensation referred to in paragraph (1). The same shall apply to the publication of decisions to provide compensation.
law view
 Article 27 (Compensation for Suspects)   print
(1) Any person who has been detained as a suspect and has received a disposition not to institute a public prosecution from a public prosecutor may claim compensation for such detention to the State (hereinafter referred to as "suspect compensation"): Provided, That the same shall not apply to cases where grounds exist to issue a disposition not to institute a public prosecution after detention or to cases where a disposition not to institute a public prosecution is not a final disposition or is issued under Article 247 of the Criminal Procedure Act.
(2) In cases falling under any of the following subparagraphs, the full or part of suspect compensation may not be paid:
1. Where the person in question is deemed to have been placed under detention due to false confessions or other evidence of his/her guilt that he/she has made for the purpose of misleading investigations or judgment;
2. Where another fact is investigated during the period of detention and an offense is constituted due to such fact;
3. Where a special circumstance exists to recognize that making compensation is contrary to good morals or other public order.
(3) A suspect compensation deliberation council (hereinafter referred to as "deliberation council") shall be established in each local prosecutors' office to deliberate on and determine matters on suspect compensation.
(4) Each deliberation council shall be directed and supervised by the Minister of Justice.
(5) Matters necessary for the jurisdiction, organization, operation, etc. of deliberation councils shall be prescribed by Presidential Decree.
law view
 Article 28 (Claims, etc. for Suspect Compensation)   print
(1) Any person that intends to claim suspect compensation shall file such claim with the deliberative council of the local prosecutors' office to which the prosecutor who has issued a disposition not to institute a public prosecution belongs (in cases where a prosecutor of a branch office of a local prosecutors' office has issued such disposition, referring to the local prosecutors' office to which such branch office belongs).
(2) Any person that claims suspect compensation pursuant to paragraph (1) shall submit a written claim for compensation, accompanied by documents evidencing the fact that he/she has been subject to a disposition not to institute a public prosecution.
(3) Each claim for suspect compensation shall be filed within three years from the date of receiving notice of a disposition not to institute a public prosecution from a prosecutor.
(4) An administrative appeal under the Administrative Appeals Act or an administrative litigation under the Administrative Litigation Act may be filed against a decision made by a deliberative council on a claim for suspect compensation.
(5) When no claim is filed for the payment of compensation within two years after a decision to compensate made by a deliberative council is sent (in cases where a trial is requested or litigation is commenced under paragraph (4), referring to the time when a decision to provide compensation made by a deliberative council following the adjudication or judgment thereof is sent), the right to claim shall be lost.
law view
 Article 29 (Provisions Applicable Mutatis Mutandis)   print
(1) Except as otherwise provided for in this Chapter, the provisions of this Chapter, which pertain to the defendants of cases finalized by a verdict of 'not guilty' shall apply mutatis mutandis to suspect compensation within the scope not contravening the nature thereof.
(2) The provisions of this Chapter shall apply mutatis mutandis to criminal compensation for persons falling under any of the following subparagraphs. In such cases, "court," "prosecutors' office," "deliberative council," and "Minister of Justice" shall be construed as "military court," "military prosecutors' office," "district deliberative council belonging to the special deliberative council under Article 10 (2) of the State Compensation Act," and "Minister of National Defense," respectively:
1. A person who has received a final and conclusive verdict of 'not guilty' in a military court;
2. A person who has undergone judgment falling under the subparagraphs of Article 26 (1) in a military court;
3. A person subject to a disposition not to institute a public prosecution by a prosecution officer of a military prosecutors' office.
CHAPTER Ⅲ RESTORATION OF IMPAIRED REPUTATION
law view
 Article 30 (Requests for Publication of Written Verdict of Not-Guilty)   print
The defendant of a case finalized by a verdict of 'not guilty' (hereinafter referred to as "case of verdict of not guilty") may request the local prosecutors' office (including branch offices of local prosecutors' offices) to which the prosecutor who has indicated the relevant case belongs to publish the final and conclusive written verdict of the case of a verdict of not guilty (hereinafter referred to as "written verdict of 'not-guilty'") in the internet homepage of the Ministry of Justice within three years from the time when a verdict of 'not guilty' is made final and conclusive.
law view
 Article 31 (Requesting Methods)   print
(1) When making a request referred to in Article 30, a certified transcript of a written verdict and documents evidencing that the written verdict is final shall be submitted accompanied by a written request for the publication of written verdict of 'not-guilty'.
(2) Articles 3 and 10 shall apply mutatis mutandis to requests by successors and the justification thereof. In such cases, "compensation" shall be construed as "publication," and when several successors exist in the same rank, materials to vindicate that all the successors agree on the request for the publication of the written verdict of 'not-guilty' shall be submitted.
(3) Article 13 shall apply mutatis mutandis to claims by proxy. In such cases, "compensation" shall be construed as "publication."
(4) Article 12 shall apply mutatis mutandis to the cancellation of requests. In such cases, "compensation" shall be construed as "publication."
law view
 Article 32 (Measures for Requests)   print
(1) When a request is made pursuant to Article 30, a written verdict of 'not-guilty' shall be published in the internet homepage of the Ministry of Justice within one month from the date of receipt of such request: Provided, That in cases where the final court record of the case of verdict of 'not-guilty' has not been sent to the relevant local prosecutors' office when a request is received, it shall be published within one month from the date on which the final court record of the case of verdict of 'not-guilty' is sent to the relevant local prosecutors' office.
(2) In cases falling under any of the following subparagraphs, a partially redacted written verdict may be published:
1. Where an applicant explicitly expresses his/her desire to delete part of a written verdict of 'not-guilty';
2. Where the disclosure of a written verdict of 'not-guilty' is feared to substantially jeopardize the reputation, privacy, safety of lives and bodies and peaceful living of persons related to the case.
(3) In cases falling under paragraph (2) 1, the intentions of applicants shall be confirmed in writing: Provided, That in cases where it is not possible to confirm the intentions of applicants due to not knowing their whereabouts, etc. it may be substituted by confirming the intention of one of their family members referred to in Article 779 of the Civil Act in writing.
(4) The period for publishing a written verdict of 'not-guilty' referred to in paragraph (1) shall be one year.
law view
 Article 33 (Notice of Measures for Requests, etc.)   print
(1) When a written verdict of 'not-guilty' is published on the Internet homepage of the Ministry of Justice pursuant to Article 32 (1), such fact shall be notified to the applicant thereof in writing.
(2) Detailed matters concerning procedure for execution, etc. following requests referred to in Article 30 shall be prescribed by Presidential Decree.
law view
 Article 34 (Cases of Acquittal of Public Actions, etc.)   print
(1) Any person falling under the subparagraphs of Article 26 (1) may make a request to publish a written verdict of a finalized case.
(2) Provisions pertaining to requests for the publication of a written verdict of 'not-guilty' of cases of a verdict of 'not-guilty' shall apply mutatis mutandis to requests referred to in paragraph (1).
law view
 Article 35 (Provisions Applicable Mutatis Mutandis)   print
The provisions of this Chapter shall apply mutatis mutandis to the restoration of impaired reputation of persons falling under any of the following subparagraphs:
1. A person who has received a final and conclusive verdict of 'not guilty' in a military court;
2. A person who has received judgment falling under the subparagraphs of Article 26 (1) in a military court.
ADDENDA <Act No. 10698, May 23, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 30 through 35 shall enter into force six months after its promulgation.
Article 2 (Applicability to Lowest Limit of Compensation)
The amended provisions of Article 5 (1) shall also apply to cases under trial or under examination according to a claim for compensation which has been filed as at the time when this Act enters into force.
Article 3 (Applicability to Judgment to Dismiss Claims)
The amended provisions of Article 26 (1) 2 shall apply, starting from the first judgment to dismiss a claim which is made final and conclusive after this Act enters into force.
Article 4 (Applicability to Judgment of Acquittal of Public Actions, Dismissal of Prosecution or Dismissal of Claims)
The amended provisions of Article 29 (2) 2 shall apply, starting from the first judgment of acquittal from public action, dismissal of prosecution or dismissal of claims of a military court, which is made final and conclusive after this Act enters into force.
Article 5 (Applicability to Systems for Restoration of Impaired Reputation)
The amended provisions of Articles 30 through 35 shall apply, starting from the first verdict of 'not guilty', acquittal from public actions, dismissal of prosecution and dismissal of claims, which is made final and conclusive after this Act enters into force.
Article 6 (Applicability to Period for Claiming Criminal Compensation)
Even when one year has passed since a verdict of 'not guilty' of a court or a military court was made final and conclusive as at the time when this Act enters into force, a claim for criminal compensation may be filed pursuant to the amended provisions of Article 8.
Article 7 (Applicability to Period for Claiming Payment of Compensation)
Even when one year has passed since judgment to provide compensation was sent as at the time when this Act enters into force, a claim for the payment of compensation may be filed pursuant to the amended provisions of Article 21 (3).
Article 8 (Applicability to Period for Claiming Suspect Compensation)
Even when one year has passed since a disposition not to institute a public prosecution was notified by a prosecutor or by a prosecution officer of a military prosecutors' office as at the time when this Act enters into force, a claim for suspect compensation may be filed pursuant to the amended provisions of Article 28 (3).
Article 9 (Applicability to Period for Claiming Payment of Suspect Compensation)
Even when one year has passed since a decision to provide compensation made by a suspect compensation deliberative council or by a district deliberative council belonging to the special deliberative council under Article 10 (2) of the State Compensation Act was sent as at the time when this Act enters into force, a claim for the payment of compensation may be filed pursuant to the amended provisions of Article 28 (5).
Article 10 Omitted.
Article 11 (Relations with Other Acts and Subordinate Statutes)
When other Acts and subordinate statutes have cited the former Criminal Compensation Act or the provisions thereof as at the time when this Act enters into force, if provisions corresponding thereto exist in this Act, they shall be deemed to have cited this Act or corresponding provisions of this Act in lieu of the former Criminal Compensation Act or the provisions thereof.