Amnesty Act


Published: 2012-02-10

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 Article 1 (Purpose)   print
This Act shall provide for matters concerning amnesty, reduction of punishment, and rehabilitation.
[This Article Wholly Amended by Act No. 11301, Feb. 10, 2012]
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 Article 2 (Types of Amnesty)   print
Amnesty shall be classified into general amnesty and special amnesty.
[This Article Wholly Amended by Act No. 11301, Feb. 10, 2012]
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 Article 3 (Persons subject to Amnesty, etc.)   print
Persons subject to amnesty, reduction of punishment, and rehabilitation shall be as follows:
1. General amnesty: Those who have committed crimes;
2. Special amnesty and reduction of punishment: Those who have been sentenced;
3. Rehabilitation: Those whose qualifications as prescribed in Acts and subordinate statutes have been forfeited or suspended by a sentence of punishment.
[This Article Wholly Amended by Act No. 11301, Feb. 10, 2012]
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 Article 4 (Application Mutatis Mutandis of Provisions Regarding Amnesty)   print
The provisions of this Act regarding amnesty shall apply mutatis mutandis to the exemption of a penalty or punishment for violation of administrative regulations, or of disciplinary action or disciplinary punishment pursuant to the disciplinary regulations.
[This Article Wholly Amended by Act No. 11301, Feb. 10, 2012]
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 Article 5 (Effect of Amnesty, etc.)   print
(1) The effects of amnesty, reduction of punishment, and rehabilitation shall be as follows:
1. General amnesty: Invalidation of a sentence, and forfeiture of the right of prosecution for those who have not been sentenced: Provided, That the same shall not apply when special provisions exist;
2. Special amnesty: Exemption of execution of a punishment: Provided, That if there are extenuating circumstances, the sentence may be invalidated thereafter;
3. Reduction of punishment in general: Change in the punishment, unless otherwise provided for;
4. Reduction of punishment for a specific person: Reduction of a punishment: Provided, That if there are extenuating circumstances, the punishment may be changed;
5. Rehabilitation: Recovery of qualifications forfeited or suspended caused by the effect of a sentence.
(2) The effect of a punishment already made by the sentence of a punishment shall not be changed by amnesty, reduction of punishment, or rehabilitation.
[This Article Wholly Amended by Act No. 11301, Feb. 10, 2012]
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 Article 6 (Limitation of Rehabilitation)   print
Rehabilitation shall not be granted to those who have not completed punishment or who have not been exempted from execution of punishment.
[This Article Wholly Amended by Act No. 11301, Feb. 10, 2012]
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 Article 7 (Amnesty, etc. for Those who have been Sentenced to Probation)   print
With regard to those who have been sentenced to probation, the sentence of punishment may be invalidated by special amnesty, or the punishment may be changed by reduction of the punishment, or the term of a probation may be shortened.
[This Article Wholly Amended by Act No. 11301, Feb. 10, 2012]
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 Article 8 (Enforcement of General Amnesty, etc.)   print
General amnesty, reduction of punishment for specific kinds of crime or punishment, and rehabilitation in general shall be enforced by Presidential Decree. In such cases, general amnesty shall be granted for a specified kind of crime.
[This Article Wholly Amended by Act No. 11301, Feb. 10, 2012]
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 Article 9 (Enforcement of Special Amnesty, etc.)   print
Special amnesty, reduction of punishment and rehabilitation for a specific person shall be determined by the President.
[This Article Wholly Amended by Act No. 11301, Feb. 10, 2012]
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 Article 10 (Requests for Special Amnesty, etc.)   print
(1) The Minister of Justice may request the President to grant special amnesty, reduction of punishment and rehabilitation for a specific person.
(2) When the Minister of Justice requests special amnesty, reduction of punishment and rehabilitation for a specific person pursuant to paragraph (1), the said request shall be examined by the Amnesty Commission pursuant to Article 10-2.
[This Article Wholly Amended by Act No. 11301, Feb. 10, 2012]
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 Article 10-2 (Amnesty Commission)   print
(1) In order to examine the validity of requests for special amnesty, reduction of punishment and rehabilitation for a specific person pursuant to Article 10 (1), the Amnesty Commission shall be set up under the Minister of Justice. <Amended by Act No. 11301, Feb. 10, 2012>
(2) The Amnesty Commission shall consist of nine members, including a chairperson. <Amended by Act No. 11301, Feb. 10, 2012>
(3) The Minister of Justice shall be the chairperson and shall nominate or appoint members of the Commission and at least four members thereof shall not be public officials. <Amended by Act No. 11301, Feb. 10, 2012>
(4) The term of office of members who are not public officials shall be two years and they may be reappointed only once. <Amended by Act No. 11301, Feb. 10, 2012>
(5) The scope and timing of disclosing procedures and details of examinations conducted by the Amnesty Commission shall be as follows: Provided, That the part by which the personal identity can be identifiable among details under paragraphs (2) and (3) shall be deleted in disclosing, but if there exist any ground, such as for satisfying people's right to know, the Amnesty Commission may determine otherwise: <Amended by Act No. 10862, Jul. 18, 2011>
1. Names and career records of members: Immediately after they are appointed or commissioned;
2. Examination reports: Immediately after the relevant special amnesty is granted;
3. Minutes: With the lapse of five years after the relevant special amnesty is granted.
(6) Members may not divulge any secrets obtained in the process of carrying out their duties in the Commission. <Amended by Act No. 11301, Feb. 10, 2012>
(7) Members shall be regarded as public officials in cases where they are subject to penal provisions under the Criminal Act or other Acts. <Amended by Act No. 11301, Feb. 10, 2012>
(8) Necessary matters pertaining to the Amnesty Commission which are not prescribed in paragraphs (1) through (7) shall be determined by Ordinance of the Ministry of Justice. <Amended by Act No. 11301, Feb. 10, 2012>
[This Article Newly Inserted by Act No. 8721, Dec. 21, 2007]
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 Article 11 (Applications for Requests for Special Amnesty, etc.)   print
The Prosecutor General may, ex officio or according to a report from the public prosecutor of the public prosecutor's office which has directed the execution of a punishment or a report from the head of the correctional institution where an inmate is confined, apply a request to the Minister of Justice for special amnesty or reduction of punishment for a specific person.
[This Article Wholly Amended by Act No. 11301, Feb. 10, 2012]
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 Article 12 (Recommendation for Special Amnesty, etc.)   print
(1) Where the public prosecutor of the public prosecutor's office which has directed the execution of punishment or the head of the correctional institution where the inmate is confined, intends to recommendspecial amnesty or reduction of punishment for a specific person, he/she shall submit a report specified with reasons for such recommendation to the Prosecutor General accompanied by documents prescribed in Article 14.
(2) Where the head of a correctional institution submits a report under paragraph (1), the report shall be passed through the public prosecutor of the public prosecutor's office which has directed the execution of punishment.
[This Article Wholly Amended by Act No. 11301, Feb. 10, 2012]
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 Article 13 (Attachment of Public Prosecutor's Opinion)   print
When the public prosecutor receives a reportunder Article 12 (2), he/she shall investigate matters prescribed in subparagraph 3 of Article 14 and transmit the report, together with his opinion thereon.
[This Article Wholly Amended by Act No. 11301, Feb. 10, 2012]
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 Article 14 (Documents to be Attached to Applications for Requests for Special Amnesty, etc.)   print
Any applications for a request for special amnesty or reduction of punishment for a specific person shall be accompanied by the following documents:
1. An authenticated copy or an extract of the judgment;
2. A document calculating the term of punishment;
3. Documents of investigation regarding the circumstances of the crime, the character, manners, and behavior of the principal of the case while in a correctional institution, and the his/her future livelihood and other helpful information.
[This Article Wholly Amended by Act No. 11301, Feb. 10, 2012]
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 Article 15 (Applications for Requests for Rehabilitation)   print
(1) The Prosecutor General may, ex officio, according to the report of the public prosecutor of the public prosecutor's office which has directed the execution of punishment, or upon the petition of the principal of the case, apply a request to the Minister of Justice for rehabilitation for a specific person.
(2) No application for a request under paragraph (1)shall be submitted unless three years have elapsed since the date of completion or exemption of the execution of punishment.
[This Article Wholly Amended by Act No. 11301, Feb. 10, 2012]
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 Article 16 (Documents to be Attached to Applications for Requests for Rehabilitation)   print
Any application for a request for rehabilitation shall be accompanied by the following documents:
1. An authenticated copy or an extract of the judgment;
2. Documents certifying completion or exemption of the execution of punishment;
3. Documents of investigation regarding the behavior of the principal of the case after completion or exemption of the execution of punishment,his/her present and future livelihood, and other helpful information;
4. The petition, if made by the principal of the case.
[This Article Wholly Amended by Act No. 11301, Feb. 10, 2012]
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 Article 17 (Petitions for Rehabilitation for Special Qualification)   print
Where a petition is intended for the rehabilitation for a specific qualification, the nature of qualification to be recovered shall be clearly stated.
[This Article Wholly Amended by Act No. 11301, Feb. 10, 2012]
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 Article 18 (Petitions for Rehabilitation by Principals)   print
Where a petition for rehabilitation is filed by the principal of the case, it shall be passed through the public prosecutor of the public prosecutor's office which has directed the execution of punishment.
[This Article Wholly Amended by Act No. 11301, Feb. 10, 2012]
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 Article 19 (Attachment of Public Prosecutor's Opinions)   print
When the public prosecutor receives the documents under Article 18, he/she shall investigate matters as prescribed in subparagraph 3 of Article 16 and send the documents to the Prosecutor General, together with his/her opinion thereon.
[This Article Wholly Amended by Act No. 11301, Feb. 10, 2012]
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 Article 20 (Dismissal of Applications for Requests)   print
(1) When any application for a request for special amnesty, reduction of punishment, or rehabilitation or application for a request for a specific person is deemed groundless, the Minister of Justice shall notify the Prosecutor General of the cause therefor.
(2) The Prosecutor General shall notify the public prosecutor of the public prosecutor's office concerned, the head of the correctional institution concerned, or the principal of the case of the cause for notification under paragraph (1).
[This Article Wholly Amended by Act No. 11301, Feb. 10, 2012]
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 Article 21 (Sending of Letters of Amnesty, etc.)   print
When special amnesty, or reduction of punishment or rehabilitation for a specific person is ordered by the President, the Minister of Justice shall send a letter of amnesty, reduction of punishment, or rehabilitation to the Prosecutor General.
[This Article Wholly Amended by Act No. 11301, Feb. 10, 2012]
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 Article 22 (Delivery of Letters of Amnesty, etc.)   print
When the Prosecutor General receives a letter of amnesty, reduction of punishment or rehabilitation, it shall be delivered to the principal of the case without delay through the public prosecutor of the public prosecutor's office concerned. In such cases, when the principal of the case is in a correctional institution, it shall be delivered through the head of the correctional institution.
[This Article Wholly Amended by Act No. 11301, Feb. 10, 2012]
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 Article 23 (Notification to Head of Correctional Institution, etc.)   print
(1) When the public prosecutor receives a letter of amnesty, reduction of punishment, or rehabilitation for a person who has been released on suspension of execution or on parole, he/she shall notify the head of the correction institution where the principal of the case had been confined and the supervising police station thereof.
(2) Where special amnesty, reduction of punishment, or rehabilitation has been granted to a person on probation, the public prosecutor shall notify the supervising police station thereof.
[This Article Wholly Amended by Act No. 11301, Feb. 10, 2012]
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 Article 24 (Delegation of Delivery of Letters of Amnesty, etc.)   print
(1) Where the principal of the case resides at a place other than that under the jurisdiction of the public prosecutor's office which has directed the execution of punishment, the delivery of a letter of special amnesty, reduction of punishment, or rehabilitation may be delegated to a public prosecutor of the public prosecutor's office having jurisdiction over the residence of the principal of the case.
(2) In cases of paragraph (1), notification as prescribed in Article 23 shall be made by the delegated public prosecutor of the public prosecutor's office.
[This Article Wholly Amended by Act No. 11301, Feb. 10, 2012]
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 Article 25 (Additional Statement, etc. on Original Copy of Judgement)   print
(1) When special amnesty, reduction of punishment, or rehabilitation has been granted, the public prosecutor of the public prosecutor's office which has directed the execution of punishment shall state the cause thereof additionally on the original copy of the judgment.
(2) Documents regarding special amnesty, or reduction of punishment or rehabilitation for a specified person shall be attached to the records of the trial.
[This Article Wholly Amended by Act No. 11301, Feb. 10, 2012]
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 Article 26 (Reporting for Delivery of Letters of Amnesty, etc.)   print
When the public prosecutor has delivered a letter of special amnesty, reduction of punishment, or rehabilitation to the principal of the case, the prosecutor shall report thereon to the Minister of Justice, without delay.
[This Article Wholly Amended by Act No. 11301, Feb. 10, 2012]
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 Article 27 (Amnesty, etc. for Those who have been Sentenced in Military Court)   print
With regard to those who have been sentenced in the military court, the duties of the Minister of Justice under this Act shall be performed by the Minister of National Defense, and the duties of the Prosecutor General and the public prosecutor under this Act shall be performed by a military judge advocate who has performed the duties of a public prosecutor at the military court in which punishment has been sentenced.
[This Article Wholly Amended by Act No. 11301, Feb. 10, 2012]
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 8721, Dec. 21, 2007>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM<Act No. 10862, Jul. 18, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 11301, Feb. 10, 2012>
This Act shall enter into force on the date of its promulgation.