Act On Special Cases Concerning The Execution Of Fine Defaulters’ Community Service Work

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 Article 1 (Purpose)   print
The purpose of this Act is to prescribe special cases and procedures for the execution of community service work as an alternative to the custody of fine defaulters in workhouses under Article 69 (2) of the Criminal Act so as to promote convenience for those unable to afford fines for economic reasons by minimizing the custody of such fine defaulters in the workhouses.
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 Article 2 (Definitions)   print
The definitions of terms used in this Act shall be as follows:
1. The term "fine defaulter" means a person who is irrevocably sentenced to pay a fine by a court but fails to pay such fine;
2. The term "community service work" means unpaid work performed for the benefit of the public on the date and at the place designated by a probation officer;
3. The term "person subject to community service work" means a person permitted by a court to perform community service work at the request of a public prosecutor based on an application by a fine defaulter.
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 Article 3 (State’s Responsibilities)   print
The State shall actively develop and implement policies on the execution, etc. of community service work by fine defaulters’ so as to minimize the custody of fine defaulters in workhouses due to their economic reasons.
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 Article 4 (Application for Community Service Work)   print
(1) Any fine defaulter who is irrevocably sentenced to a fine not exceeding the amount of money determined by Presidential Decree may make an application for community service work to a prosecutor of the district prosecutor’s office (including a branch office of the district prosecutor’s office; hereinafter the same shall apply) having jurisdiction over his/her residence within thirty days from the date he/she receives an order of payment from the prosecutor: Provided, That a fine defaulter who is permitted by a prosecutor to postpone the payment of a fine in whole or in part, may file an application for community service work within the period so permitted.
(2) Notwithstanding the provisions of paragraph (1), a person who falls under any of the following subparagraphs shall not be eligible to make an application for community service work:
1. A person who is sentenced to imprisonment with or without prison labor, as well as a fine;
2. A person who is ordered by a court to be confined in a workhouse at the time of being sentenced to a fine until such fine is paid in full, pursuant to the proviso to Article 69 (1) of the Criminal Act;
3. A person against whom a sentence or a warrant of arrest has been executed, or a person who is confined in a workhouse, due to the commission of any other offense;
4. With respect to a fine which is the subject matters of an application for community service work, a person for whom permission for community service work is refused or revoked by a court: Provided, That this shall not apply in cases where the cause of refusal of such permission is removed.
(3) Matters regarding the documents required for applications for community service work under paragraph (1) and the methods for submission of such documents shall be prescribed by Presidential Decree, and the application form, the details to be entered, etc. shall be prescribed by Ordinance of the Ministry of Justice.
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 Article 5 (Request for Community Service Work)   print
(1) A prosecutor who receives an application under Article 4 (1) shall request a court to permit community service work unless the applicant for community service work (hereinafter referred to as "applicant") falls under any disqualification listed in any subparagraph of Article 6 (2).
(2) If necessary to determine whether to make a request for community service work, a prosecutor may demand that the applicant appear or submit materials or that, with the consent of the applicant, a public institution or private organization, etc. submit necessary materials for ascertaining the applicant’s ability to pay the fine.
(3) If an applicant declines to comply with a prosecutor’s demand to appear or submit materials without any reasonable ground, the prosecutor may reject the application.
(4) A prosecutor shall determine whether to make a request for community service work within seven days from the date of receipt of the application: Provided, That the period required for the demand to appear or submit materials under paragraph (2) shall not be included in the above period.
(5) Upon rejecting an application for community service work, a prosecutor shall, without delay, notify the applicant thereof in writing.
(6) With respect to the raising of an objection against the disposition of a prosecutor to reject an application for community service work, Article 489 of the Criminal Procedure Act shall apply mutatis mutandis.
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 Article 6 (Permission for Community Service Work)   print
(1) A court shall decide whether to permit community service work in consideration of a fine defaulter’s ability to pay, physical ability, stability of residence, etc. necessary to perform community service work, within fourteen days from the date of receipt of a prosecutor’s request for such permission: Provided, That the period required for the demand for appearance or submission of materials under paragraph (3) shall not be included in the above period.
(2) Community service work shall not be permitted in any of following cases:
1. Where the amount of a fine exceeds the amount of money provided in Article 4 (1) or an application therefor is made after the period for application expired;
2. Where an application therefor is made by a person who is not eligible to file a community service work application under Article 4 (2);
3. Where an applicant declines to comply with a court’s demand to appear or submit materials under paragraph (3) without a reasonable ground;
4. Where it is deemed that an applicant is able to pay a fine in light of his/her income or property;
5. Where it is deemed that an applicant is unsuitable for community service work due to any disease or other cause.
(3) If necessary to determine whether to permit community service work, a court may demand that the applicant appear in court or submit materials or that, with the consent of the applicant, a public institution or private organization, etc. submit necessary materials for ascertaining the applicant’s ability to pay the fine.
(4) A court shall, in permitting community service work, compute the number of hours of community service work equivalent to the period of custody in a workhouse calculated based on the amount of the fine in arrears: Provided, That less than one hour in total hours community service work so computed shall not be imposed.
(5) A fine defaulter for whom community service work is not permitted shall pay the relevant fine within 15 days from the date of receipt of the notice of the decision, and if he/she fails to pay the fine within the above period, shall be confined in a workhouse: Provided, That a person who fails to pay a fine within 15 days from the date of receipt of a notice of non-permission, but for whom the period of payment of the fine under Article 69 (1) of the Criminal Act has yet to pass, shall be confined in a workhouse after the period of payment elapses.
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 Article 7 (Notification of Decision as to Whether to Permit Community Service Work)   print
(1) A court shall give written notice of a decision made pursuant to Article 6 (1) to the prosecutor and applicant concerned.
(2) A court shall, upon granting permission for community service work, send a permit for community service work, a certified copy of the decision, a certified copy of a related summary order and other necessary documents for the execution of community service work to the director of the probation office (including a branch office thereof; hereinafter the same shall apply) having jurisdiction over the residence of the person subject to community service work, within three days from the date the decision becomes final and conclusive.
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 Article 8 (Report on Community Service Work)   print
(1) A person subject to community service work shall report his/her residence, occupation and other matters prescribed by Presidential Decree to the director of the probation office having jurisdiction over his/her residence, within ten days from the date of receipt of the notice of the court’s permission for community service work.
(2) The director of a probation office who receives a report under paragraph (1) from a person subject to community service work shall inform the person subject to community service work of the details of community service work, the matters to be observed, the grounds for the termination and revocation of community service work, etc.
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 Article 9 (Officer in Charge of Execution of Community Service Work)   print
(1) Community service work shall be executed under a probation officer’s charge: Provided, That the probation officer may execute such work in whole or in part in cooperation with a national or public institution or other organization or facility.
(2) A prosecutor may request a probation officer to submit materials relating to the status of execution of community service work, and further to change the methods and details of such execution if deemed inappropriate.
(3) A probation officer shall, upon receipt of a prosecutor’s request for change under paragraph (2), change the methods and details of execution of community service work accordingly.
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 Article 10 (Execution of Community Service Work)   print
(1) A probation officer shall determine the areas of community service work to be performed by persons subject to community service work in consideration of their character, social work careers, causes of crimes, individualities, etc.
(2) Community service work shall not be executed for more than nine hours in any one day: Provided, That such hours may be extended on condition of the consent of a probation officer and clear acceptance of a person subject to community service work if it is necessary to continuously execute community service work in terms of the nature of such work.
(3) Performance of community service work shall be recognized by the hour by summing up all the hours of community service work carried out during the duration of the relevant community service order: Provided, That if the total number of hours of community service work so summed up is less than one, it shall be deemed one hour.
(4) Matters regarding the commencement dates and standards for execution of community service work shall be prescribed by Presidential Decree, and the detailed procedures, entries in the relevant form, etc. shall be prescribed by Ordinance of the Ministry of Justice.
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 Article 11 (Period of Execution of Community Service Work)   print
The execution of community service work shall be completed within six months from the date such community service work is permitted: Provided, That a probation officer may, if any extenuating circumstance exists, extend the period of the execution once for up to six additional months with permission of the prosecutor concerned.
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 Article 12 (Payment of Fine by Person Subject to Community Service Work)   print
(1) A person subject to community service work may pay the relevant fine in whole or in part before the community service work is completed.
(2) A person subject to community service work who intends to pay the relevant fine during the execution of community service work shall get a certificate of execution of community service work issued by the director of the competent probation office and submit it to a prosecutor of the district prosecutor’s office having jurisdiction over his/her residence.
(3) A prosecutor in receipt of a certificate of execution of community service work under paragraph (2) shall inform the person subject to community service work of the remainder of the fine calculated by subtracting the amount of money corresponding to the hours of community service work so executed from the unpaid amount of the fine.
(4) If a person subject to community service work pays the relevant fine fully or partially, the prosecutor concerned shall, without delay, notify such fact to the director of the probation office executing the community service work.
(5) If a person subject to community service work pays part of the unpaid fine, the prosecutor concerned shall inform the person subject to community service work and the director of the probation office executing the community service work of the number of hours of community service work remaining to be performed, calculated by subtracting the number of hours of community service work corresponding to the amount of the fine so paid from the total number of hours of community service work determined by the court.
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 Article 13 (Effect of Implementation of Community Service Work)   print
If the community service work imposed under this Act is fully or partially implemented in whole or in part, the amount of the fine corresponding to the number of hours of community service work so implemented shall be deemed paid.
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 Article 14 (Revocation of Permission for Community Service Work)   print
(1) If a person subject to community service work falls under any of the following subparagraphs, a prosecutor of the district prosecutor's office having jurisdiction over the competent probation office shall request a court to revoke permission for the community service work, upon application by the director of the probation office:
1. Where a report referred to in Article 8 (1) is not filed without a reasonable ground;
2. Where the relevant community service work is not completed within the period provided in Article 11;
3. Where the matters to be observed pursuant to Article 62 (2) of the Act on Probation, etc. are violated without a reasonable ground or it is found inappropriate to continue the execution of the community service work due to detention or other cause.
(2) A probation officer shall, upon filing of an application for revocation under paragraph (1), suspend the execution of the relevant community service work: Provided, That the suspension period of the execution of community service work upon application for revocation under paragraph (1) shall not be included in the period under Article 11.
(3) A court may, upon receipt of a request under paragraph (1), hear opinions of the person subject to community service work or demand that such person submit necessary materials.
(4) A court shall decide whether to revoke permission for community service work within fourteen days from the date of receipt of a request under paragraph (1): Provided, That the period required for the hearing of opinions of the person subject to community service work or the demand for submission of necessary materials shall not be included in the above period.
(5) A court shall give written notice of a decision made pursuant to paragraph (4) to the prosecutor and the person subject to community service work concerned.
(6) A prosecutor in receipt of the notice of paragraph (5) shall, without delay, inform in writing the director of the competent probation office.
(7) A person subject to community service work for whom permission for such community service work is revoked shall pay the unpaid amount of the fine corresponding to the remaining hours of community service work within seven days from the date of receipt of the notice of revocation and, if the unpaid amount is not paid within the above period, shall be detained in a workhouse.
(8) If an application of the director of a probation office or a prosecutor's request for the revocation of community service work is not accepted, the probation officer concerned shall, without delay, execute the community service work
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 Article 15 (Termination of Community Service Work)   print
(1) Community service work shall be terminated if it falls under any of the following subparagraphs:
1. Where the execution of community service work is completed;
2. Where the person subject to community service work pays the relevant fine in full;
3. Where permission for the community service work is revoked under Article 14;
4. Where the person subject to community service work is deceased.
(2) The director of a probation office shall, without delay, notify a prosecutor of the district prosecutor's office having jurisdiction over the residence of a person subject to community service work if the person subject to community service work falls under subparagraph 1 or 4.
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 Article 16 (Immediate Appeal)   print
Either an applicant or a prosecutor may make an immediate appeal against a decision on permission for community service work under Article 6 (1) or against a decision on the revocation of permission for community service work under Article 14 (4).
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 Article 17 (Application Mutatis Mutandis to Persons Subject to Community Service Work)   print
(1) With respect to persons subject to community service work, Articles 34 through 38, 54, 55, 59 and 62 (2) of the Act on Probation, etc. shall apply mutatis mutandis.
(2) With respect to decisions under this Act, the provisions of the Criminal Procedure Act shall apply mutatis mutandis, except as otherwise provided in this Act.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Provisions concerning Scope of Application)
(1) This Act shall also apply to those who have been fined before the enforcement of this Act: Provided, That a person who is irrevocably sentenced to a fine at the time this Act enters into force shall make an application for community service work within sixty days from the date this Act enters into force.
(2) If a person sought by the police or detained in a workhouse for non-payment of a fine at the time this Act enters into force files an application for community service work, he/she may be detained in a workhouse or continue to be detained in the workhouse until a decision to permit the community service work is made.
Article 3 (Interruption of Prescription)
With respect to a person who is irrevocably sentenced to a fine at the time this Act enters into force, the prescription of such fine shall be interrupted when permission for community service work is granted.
Article 4 (Special Cases concerning Execution Period)
If a person who is irrevocably sentenced to a fine at the time this Act enters into force is granted permission for community service work, the community service work may be executed within three years from the date of such decision, notwithstanding the provisions of Article 11.