Act On The Lapse Of Criminal Sentences


Published: 2010-03-31

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 Article 1 (Purpose)   print
The purpose of this Act is to set out standards regarding the administration of previous criminal records and investigation record materials, and the invalidation of punishment, thereby guaranteeing a normal social rehabilitation for ex-convicts.
[This Article Wholly Amended by Act No. 10211, Mar. 31, 2010]
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 Article 2 (Definitions)   print
The definitions of terms used in this Act shall be as follows:
1. The term "convict" means a person who has been sentenced to punishments provided for in Article 41 of the Criminal Act;
2. The term "convict list" means a list in which includes records of convicts sentenced to suspension of qualifications or more severe punishment, administered by prosecutors' offices or military prosecution chambers;
3. The term "convict plates" means plates of convicts sentenced to suspension of qualifications or more severe punishment, which is administered by Si/Gu/Eup/Myeon offices having jurisdiction over the convicts' place of registration;
4. The term "investigation material card" means a card (including those whose contents are stored in and managed through the computer system or recorded and stored in magnetic tapes, microfilms, or other similar means) which contains personal data, facts of suspicion, etc. of criminal suspects, including their fingerprints taken by investigation authorities, shall be administered by the National Police Agency;
5. The term "criminal record material" means materials concerning the matters falling under any of the following items:
(a) Sentence, remission, or suspended sentence of a fine or heavier punishment;
(b) Care and custody, in-custody treatment and protective supervision;
(c) Lapse of suspended sentence;
(d) Revocation of stay of execution;
(e) Sentence or disposition of confiscation, additional charge, social service order, order to complete education, etc. imposed together with punishment of a fine or heavier punishment;
6. The term "investigation record material" means materials of records, among those entered in the materials of investigation cards, involving the sentence of punishment less severe than a fine, non-prosecution disposition by a prosecutor, and other similar dispositions, excluding criminal record materials;
7. The term "criminal records" means convict lists, convict plates, and criminal record materials;
8. The term "references to criminal records" means references made by means of inspecting, checking, and ascertaining (including inspecting, checking, and ascertaining through information and communications networks) convict lists or computerized materials on criminal records regarding their personal data and criminal records;
9. The term "references to investigation records" means references to the personal identities and investigation records by means of inspecting, checking, and ascertaining (including inspecting, checking, and ascertaining through information and communications networks) computerized materials on investigation records.
[This Article Wholly Amended by Act No. 10211, Mar. 31, 2010]
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 Article 3 (Convict Lists)   print
When a judgement which has sentenced suspension of qualifications or more severe punishment becomes final and conclusive, district prosecutors' offices or their branch offices and general prosecution chambers shall record the convict on convict lists without delay.
[This Article Wholly Amended by Act No. 10211, Mar. 31, 2010]
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 Article 4 (Convict Plates)   print
(1) District prosecutors' offices and their branch offices and general prosecution chambers shall make convict plates regarding convicts who have been sentenced to suspension of qualifications or more severe punishment, and send them to Si/Gu/Eup/Myeon offices having jurisdiction over the convicts' place of registration.
(2) In cases falling under any of the following subparagraphs, district prosecutors' offices and their branch offices and general prosecution chambers shall notify the government offices to which they have sent convict lists of the sending:
1. When a suspended sentence of punishment is invalidated or revoked;
2. When a period of suspended sentence of punishment expires;
3. When a punishment is invalidated in accordance with Article 7 of this Act or Article 81 of the Criminal Act;
4. When an amnesty, commutation, or restoration of a right is granted;
5. When there is a new trial according to a decision to open a retrial.
[This Article Wholly Amended by Act No. 10211, Mar. 31, 2010]
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 Article 5 (Investigation Card Materials)   print
(1) Judicial police officers shall make investigation card materials regarding criminal suspects and send them to the National Police Agency: Provided, That this shall not apply where criminal suspects fall under any of the following subparagraphs:
1. Persons subject to summary trial;
2. Suspects against whom judicial police officers receive complaints or accusations but the prosecutor's office decides not to indict.
(2) The scope of judicial police officers responsible for making the investigation card materials shall be prescribed Presidential Decree.
[This Article Wholly Amended by Act No. 10211, Mar. 31, 2010]
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 Article 5-2 (Management, etc. of Investigation Card Materials)   print
(1) The Commissioner General of the National Police Agency shall designate persons responsible for the preservation and management of investigation card materials.
(2) The Commissioner General of the National Police Agency shall store in the computer system and administer the details of investigation card materials by dividing them into criminal record materials and investigation record materials.
(3) Upon replying to queries regarding criminal record materials or investigation record materials, the use, names of the maker and referrer, date and time of preparation thereof and other necessary matters shall be described in detail.
[This Article Wholly Amended by Act No. 10211, Mar. 31, 2010]
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 Article 6 (References to Criminal Records and Investigation Records, and Restriction of Reply Thereto, etc.)   print
(1) References to criminal records and investigation records, based on investigation card materials, and the reply thereto may be made with respect to the whole or part of such records within the minimum scope deemed necessary for the purpose of such reference if it falls under any of the following subparagraphs:
1. Where it is necessary for a crime investigation or a trial;
2. Where it is necessary for the execution of punishment or the order to render social service or attend a lecture;
3. Where it is necessary for the execution of the protective disposition or security surveillance, such as a protective custody, treatment custody, and probation;
4. Where it is required by the principal to confirm the details of investigation card materials;
5. Where an inquiry is made into the personal background based on Presidential Decree with regard to security affairs under Article 3 (2) of the National Intelligence Service Act;
6. Where it is necessary to grant a sojourn permission to a foreigner;
7. Where it is necessary for an admission to the military academies, or for a commission as an officer;
8. Where it is necessary for enlistment of a serviceman on active duty or a member of public service personnel in relation to the imposition of compulsory military service;
9. Where it is necessary to verify the reasons for disqualification for any appointment as a public official, authorization or permission, decoration, Presidential commendation, or Prime Minister's commendation, etc., or the reasons for restriction, etc. on the payment of annuity for public officials, which are prescribed in other Acts and subordinate statutes;
10. Where other Acts prescribe to make references to criminal records and investigation records and to reply thereto.
(2) Persons who are in charge of managing investigation card materials, or refer to criminal records or investigation records based on investigation card materials in the course of performing official duty shall not disclose the details thereof.
(3) No person shall acquire criminal record materials or investigation record materials for purposes other than those as provided in paragraph (1).
(4) Persons who receive replies to queries regarding or acquire criminal record materials or investigation record materials according to paragraph (1) shall not use them except for uses provided for in the Acts and subordinate statutes.
(5) Detailed scope for making references to criminal records and investigation records under the provisions of each subparagraph of paragraph (1) and for replying thereto shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10211, Mar. 31, 2010]
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 Article 7 (Invalidation of Punishment)   print
(1) Where the period of the following subparagraphs elapses after the execution of punishment is completed or exempted without being sen tenced to suspension of qualifications or more severe punishment, the punishment shall be invalidated: Provided, That detention and minor fines shall be invalidated when the execution of punishment is completed or exempted:
1. In cases of imprisonment or imprisonment without prison labor of more than three years: Ten years;
2. In cases of imprisonment or imprisonment without prison labor of not more than three years: Five years;
3. In cases of a fine: Two years.
(2) Where several punishments are sentenced by a judgement, the sentence of punishments shall be invalidated when the period of paragraph (1) elapses for the severest punishment from the date on which the execution of each punishment is completed or exempted: Provided, That in applying the provisions of paragraph (1) 1 and 2, imprisonment and imprisonment without prison labor shall be deemed as the same punishment and each term of punishment shall be summed together.
[This Article Wholly Amended by Act No. 10211, Mar. 31, 2010]
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 Article 8 (Arrangement of Convict List and Convict Plate)   print
(1) Where it falls under any of the following subparagraphs, the relevant column on the convict list shall be deleted, and the convict plate shall be discarded:
1. When the relevant punishment has been invalidated in accordance with Article 7 of this Act, or Article 81 of the Criminal Act;
2. When the period for the suspension of execution of the punishment has elapsed;
3. When the period for the suspension of qualifications has elapsed;
4. When a general pardon, or a special pardon which repeals the sentence of punishment, or a restoration of rights is granted.
(2) The methods, etc. to delete the relevant column on the convict list under paragraph (1) shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 10211, Mar. 31, 2010]
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 Article 8-2 (Arrangement of Investigation Record Materials)   print
(1) Where it falls under any of the following subparagraphs, the relevant matters in the computerized investigation record materials shall be deleted when the relevant keeping period pursuant to the classifications set forth in each subparagraph of paragraphs (2) and (3) has elapsed:
1. Where the prosecutor renders a disposition not to institute a public action based on being cleared of suspicion, having no right of arraignment, non-constitution of a crime, or suspension of indictment;
2. Where the judgment of innocence, dismissal of a case or dismissal of a public action by the court becomes final and conclusive;
3. Where the decision of the court for dismissal of a public action becomes final and conclusive.
(2) The period for keeping investigation record materials with respect to any subparagraph of paragraph (1) shall be pursuant to the classifications set forth in each of the following subparagraphs. In this case, the period shall start to be reckoned from the date on which the relevant disposition is taken, or decision or judgement becomes final and conclusive:
1. For a crime corresponding to a statutory penalty of capital punishment, life imprisonment with or without prison labor, or imprisonment with or without prison labor for a long term of ten or more years: Ten years;
2. For a crime corresponding to a statutory punishment of imprisonment with or without prison labor for a long term of two or more years: Five years;
3. For a crime corresponding to a statutory punishment of imprisonment with or without prison labor for a long term of less than two years, loss of qualifications, suspension of qualifications, fines, detention or a penalty: Immediate deletion: Provided, That where a disposition of suspension of indictment under paragraph (1) 1 is taken, or a judgement or decision under paragraph (1) 2 or 3 is passed or made, the period for keeping shall be five years.
(3) Notwithstanding paragraph (2), the period of keeping investigation record materials on juveniles under Article 2 of the Juvenile Act at the time when a disposition was taken or when a judgement or decision became final and conclusive shall be pursuant to the classifications set forth in each of the following subparagraphs:
1. In cases of a disposition not to institute a public action based on the suspension of indictment: Three years from the date of such disposition;
2. In cases of a disposition not to institute a public action based on being cleared of suspicion, having no right of arraignment, non-constitution of a crime under paragraph (1) 1: Until the time such disposition is taken;
3. In cases of judgement under subparagraph (2) of paragraph 1 or decision under of subparagraph (3) of the same paragraph: Until the time judgement or decision becomes final and conclusive.
(4) The method to delete the relevant matters in investigation record materials under paragraph (1) shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 10211, Mar. 31, 2010]
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 Article 8-3 (Submission of Materials, and Request for Correction)   print
(1) If the Minister of Justice deems it necessary to improve the affairs related to the custody and management of, or reference to previous criminal records or investigation record materials, or to correct, etc. illegal or unfair matters, he/she may request the head of the agency in charge of the affairs of the custody and management of or reference to criminal records or investigation record materials to submit the related materials, such as the ledger of references and replies. In such cases, the head of the agency who has received the request to submit such materials shall comply with it unless there exist specific grounds.
(2) When the Minister of Justice has found any matter requiring an improvement or correction as a result of an examination of the materials submitted under paragraph (1), he/she may require the head of the said agency to take a necessary measure, such as a correction.
[This Article Wholly Amended by Act No. 10211, Mar. 31, 2010]
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 Article 9 (Penal Provisions)   print
(1) When a person who is in charge of managing previous criminal records or investigation record materials, on illegal request, commits an act falling under any of the following subparagraphs, he/she shall be sentenced to imprisonment for a limited term of not less than one year:
1. An act which damages or conceals previous criminal records or investigation record materials or undermines their utility in other ways;
2. An act which records falsely the details of previous criminal records or investigation record materials or alters the details thereof without justifiable grounds;
3. An act which falsely records the details of matters to be proven based on previous criminal records or investigation record materials.
(2) Persons who have committed an act falling under any of the following subparagraphs against the documents necessary for preparing criminal records or investigation record materials shall be sentenced of the same punishment as prescribed in paragraph (1):
1. Act of undermining the utility thereof through damage or concealment thereof or other methods;
2. Act of recording falsely or changing the details thereof.
[This Article Wholly Amended by Act No. 10211, Mar. 31, 2010]
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 Article 10 (Penal Provisions)   print
(1) Any person who replies to, or divulges, the details of investigation card materials in violation of Article 6 (1) or (2) shall be punished by imprisonment for not more than five years or a fine not exceeding 50 million won.
(2) Persons who acquire criminal record materials or investigation record materials in violation of Article 6 (3) shall be sentenced to imprisonment for not more than two years or a fine not exceeding 20 million won.
(3) Persons who use the materials of criminal records and the materials of investigation records in violation of Article 6 (4) shall be sentenced of the same punishment as prescribed in paragraph (2).
[This Article Wholly Amended by Act No. 10211, Mar. 31, 2010]
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 Article 11 Deleted.<by Act No. 6747, Dec. 5, 2002>   print
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Clearance of Unclear Dispositions on Materials of Investigation Cards)
Unclear dispositions among materials of investigation cards drawn up before December 31, 1970 shall be cleared up as having a final disposition to be cleared of suspicion simultaneously with the enforcement of this Act: Provided, That this shall not apply where the result of dispositions is proved after the enforcement of this Act.
Article 3 (Destruction of Convict Plates as Non-Administration Objects under this Act)
Convict plates which are not objects for administration as provided in this Act shall be regarded as destroyed at the time when this Act enters into force.
ADDENDUM<Act No. 3736, Jul. 30, 1984>
This Act shall enter into force on September 1, 1984.
ADDENDA<Act No. 3993, Dec. 4, 1987>
Article 1 (Enforcement Date)
This Act shall enter into force on February 25, 1988.
Articles 2 through 4 Omitted.
ADDENDA<Act No. 4369, May 31, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force 60 days after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM<Act No. 4569, Aug. 5, 1993>
This Act shall enter into force 30 days after the date of its promulgation.
ADDENDUM<Act No. 4591, Dec. 10, 1993>
This Act shall enter into force on January 1, 1994.
ADDENDA<Act No. 4704, Jan. 5, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1994.
Articles 2 through 4 Omitted.
ADDENDA<Act No. 6747, Dec. 5, 2002>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Applicability to Deletion of Materials of Investigation Records) With respect to persons against whom the disposition, ruling, or judgment became final and conclusive under subparagraphs of Article 8 (2) prior to the enforcement of this Act, the provisions of Article 8 (2) and (3) shall apply.
ADDENDA<Act No. 7624, Jul. 29, 2005>
(1) (Enforcement Date) This Act shall enter into force one year after the date of its promulgation.
(2) (Applicability to Materials of Investigation Records in Custody) The amended provisions of Article 8-2 shall apply to the materials of investigation records which have been computerized and kept in custody before the enforcement of this Act.
ADDENDA<Act No. 8435, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM<Act No. 8891, Mar. 14, 2008>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM<Act No. 10211, Mar. 31, 2010>
This Act shall enter into force on the date of its promulgation.