|
|
Home
| Databases
| WorldLII
| Search
| Feedback
Laws of the Republic of Korea |
1241
CRIMINAL COMPENSATION ACT
Act No. 494, Aug. 13, 1958
Amended by Act No. 1121, Aug. 13, 1962
Act No. 1868, Jan. 16, 1967
Act No. 2787, Dec. 15, 1975
Act No. 3465, Dec. 17, 1981
Act No. 3956, Nov. 28, 1987
Act No. 4935, Jan. 5, 1995
Act No. 8435, May 17, 2007
Article 1 (Requisites for Compensation)
(1) In case any person who has been acquitted by a decision of not guilty in the
ordinary procedure, the retrial proceedings or
extraordinary appeal procedure as
stipulated in the Criminal Procedure Act, has been placed under detention in
pendency, one may
claim to the State for the compensation for such detention
in accordance with this Act.
(1) In case a person, who may claim compensation under Article 1, has died
without making the claim, his heir may claim it.
(2) In case a person died before one is found not guilty in trial procedure or
extraordinary appeal procedure, it shall be regarded,
in a claim for
compensation, that the judgment was rendered not guility when he died.
Article 3 (Cases of Requiring no Compensation)
CRIMINAL COMPENSATION ACT
1242
In the cases falling under any of the following Subparagraphs, the court may
dismiss on part or all of the claim for compensation
at its own discretion:
1. In case judgment of not guilty is delivered in accordance with Article 9 and
Article 10 (1) of the Criminal Act;
2. In case it is recognized that a defendant has been indicated, detained in
pendency or has received judgment of guilty through
his making a false
confession or making evidence for judgment of guilty, in order to induce
misjudgment in the course of investigation
or trial; and
3. In case a defendant has received, with one judgment of court, judgment of not
guilty upon one of the concurrent crimes, while
judgment of guilty upon
the other of the concurrent crimes.
Article 4 (Contents of Compensation)
(1) In case of compensation for detention, compensation at the rate of 5,000
Won or more but not more than the amount determined
by the
Presidential Decree per day on the basis of the number of such days shall
be issued.
(3) In case the defendant has been executed, in addition to compen-
sation for the detention before the execution, not more than
thirty million Won
as determined by the court, taking into consideration all the circumstances, shall
be issued, provided that
in case the amount of damage of proprietary nature
resulting from the death of the defendant has been certified, the amount, too,
shall be compensated.
(4) In case of compensation of the execution of fine or minor fine, in
addition to the fine or minor fine already collected, the
amount calculated at the
statutory rate of interest under Article 379 of the Civil Act for the number of
dates from the next date
of collection date thereof to the date of determining
compensation shall be paid.
1243
the statutory rate of interest under Article 379 of the Civil Act for the number
of dates from the next date of collection date
thereof to the date of determining
compensation shall be paid.
(2) In case those persons, who are to receive compensation under this Act,
have received compensation for damages in accordance
with the provisions of
other Acts, for the same cause, when the amount of the compensation for
damages equals or exceeds that of
the compensation under this Act, the
compensation under this Act shall not be paid. In case the amount of the
compensation for
damages is less than that of the compensation under this
Act, the amount of the compensation under this Act shall be determined,
deducting the amount of the compensation for damages.
(3) In case those persons, who are to receive compensation for damages in
accordance with the provisions of other Acts, have received
compensation
under this Act, for the same cause, the amount of the compensation for
damages shall be determined, deducting the
amount of the compensation
under this Act.
The claim for the compensation shall be lodged in the court which has passed
judgment of not guilty.
Article 7 (Period of Claim for Compensation)
Claim for compensation shall be made within one year from the date when the
judgment of not guilty became final.
Article 8 (Methods of Claim for Compensation)
(1) In order to claim for the compensation, a written claim for the compensation,
a copy of the written judgment, and a certificate
showing that the judgment
is final, shall be submitted to the court.
(2) In the written claim, the following items shall be stated: 1. Claimant s original domicile, domicile, name and date of birth; and
2. Facts, i.e. the cause for the claim and the amount.
Article 9 (Presumptive Proof of Heir)
In case the heir claims for the compensation, one shall submit credible evidence
establishing his relations with the principal and
the existence of heir of the
same rank.
CRIMINAL COMPENSATION ACT
1244
Article 10 (Claim for Compensation by Proxy)
The claim for compensation may be made by proxy.
Article 11 (Effect of Claim for Compensation by Heir)
(1) In case there are several heirs of the same rank who may claim for
the
compensation, when one of the heirs has claimed for the com-
pensation, it shall be regarded that one has made the claim for all
other
heirs.
(2) In case of Paragraph (1), those heirs other than the claimant may participate
in the claim procedures as joint claimants.
(3) In case the court has learned that, in case of Paragraph (1), there are
other heirs of the same rank who may claim for the compensation,
the court
shall immediately inform all other heirs that the claim has been filed.
Article 12 (Cancellation of Claim for Compensation)
(1) In case there are several heirs of the same rank, the heir who has made
the claim shall not cancel the claim without consent
of all other heirs.
(2) In case the claim has been cancelled, those persons who have the right
to claim compensation shall not
claim again.
Article 13 (Trial of Claim for Compensation)
(1) Claim for compensation shall be tried in a collegiate body of the court.
(2) With regard to claim for compensation, the court
shall make decisions after
hearing opinions of the public prosecutor concerned and claimants.
(3) The exemplified copies of the
decisions under Paragraph (2) shall be sent
to the public prosecutor concerned and claimanst.
Article 14 (Matters to be Investigated
ex officio)
With regard to the cause of claim for compensation, i.e., days of detention or
contents of execution of sentence, the
court shall conduct an investigation
ex officio.
Article 15 (Decisions to Reject Claim for Compensation)
In case procedures for claim are in violation of the forms as prescribed
in laws
and regulations and cannot be corrected and supplemented, in case the claimant
does not comply with the correction and
supplement order by the court or in
case the claim has been made after the lapse of the period under Article 7,
the court shall
dismiss the claim.
Article 16 (Decisions to Compensate or Dismiss Claims)
(1) In case the claim for compensation is reasonable, a decision of compensation
shall be made.
(2) In case the claim for compensation is not reasonable, a decision to dismiss
the claim shall be made.
Article 17 (Effect of Decision)
In case there are several heirs of the same rank, the decision under
12
1245
Article 16 upon one of them shall be regarded as having been made upon
all the heirs.
(2) In case of Paragraph (1), the heir of the person who claimed the compensation
or the heir of the same rank of such claimant,
may succeed as claimant to
the proceedings of the claim within two months.
(3) Toward those persons who have the right to succeed as claimants to proceedings
under Paragraph (2) and who are determined as
such by the court, the court
shall without delay notify them that they succeed as claimants to the proceedings
within the period
under Paragraph (2).
(4) In case no request has been made by any claimant to succeed to the proceedings
within the period under Paragraph (2), the court
shall make a decision to reject
the claim.
Article 19 (Appeal)
(1) No appeal shall be lodged against the decision of compensation.
(2) Immediate appeal (hanggo) may be lodged against the decision
to dismiss
the claim for compensation.
Article 20 (Request for Payment of Compensation)
(1) Any person who intends to request payment of compensation shall
submit a written request for payment of compensation to the
Public
Prosecution Administration corresponding to the court which has made the
decision on the compensation.
(3) If a request for payment of compensation is not made within one year
after the written decision on the compensation was delivered,
the right
thereof shall be lost.
Article 21 (Effect of Payment of Compensation)
In case there are several persons who have the right to receive com-
pensation, the payment of the compensation to one of them shall
have the
effect to all the persons.
1246
shall also apply to the right for payment of compensation.
Article 23 (Applicable Provisions)
With regard to the decisions and immediate appeal under this Act, the provisions in
the Criminal Procedure Act shall be applicable
mutatis mutandis unless otherwise
specified in this Act. With regard to period, it shall be the same.
Article 24 (Public Notice of Decisions on Compensation)
(1) When decisions on compensation become final, the court shall make public
notice
of them within two weeks by publishing the gist of the decisions in the official
gazette. In such case, when requested by
the person who has been rendered decision
on compensation, the court shall make public notice of the gist of the decisions in
more
than two kinds of daily newspaper chosen by such applicant, one time
respectively, and shall make such public notice within thirty
days after the date of
request.
Article 25 (Cases of Judgment of Acquittal, etc.)
(1) Those, who have received judgment of acquittal or dismissal of prosecution
in accordance
with the provisions of the Criminal Procedure Act, may claim compensation for the detention,
when, if there had not
been causes enough for passing judgments of acquittal or dismissing
prosecution, there would have been conspicuous causes for receiving
judgment of not guilty.
(2) With regard to the compensation under Paragraph (1), the provisions concerning
compensation for those
who have received judgment of not guilty shall be applicable mutatis
mutandis. With regard to the announcement of decisions on compensation,
it shall be the
same.
Article 26 (Compensation to Suspect)
(1) A person of those as suspects, of those under detention, who is subject to a
disposition not to institute a public prosecution
by a public prosecutor, may claim
against the State for compensation for such detention (hereinafter referred to as
suspect compensation
), except in case where there is any cause to make the
disposition not to institute a public prosecution after the detention, and
the
disposition not to institute the public prosecution is not final, or is made under
Article 247 (1) of the Criminal Procedure
Act.
1. In case where it is recognized that a suspect has been placed under detention through
his making of a false confession or fabricating
evidence for judgment of guilty in
order to induce misjudgment in the course of investigation or trial;
12
1247
2. In case where the investigation upon another fact has proceeded against a suspect in
the course of detention and that fact constitutes
offense; and
3. In case where there are special circumstances that if the compensation were made, it
would be contrary to good morals or other
public order.
(3) In order to examine and determine a decision on the matters concerning suspect compensation,
the Suspect Compensation
Council (hereinafter referred to as Council ) shall be established
in the District Public Prosecution Administration.
(4) The Council
shall be placed under the direction and supervision of the Minister of
Justice.
(5) The jurisdiction, organization, operation and other necessary matters of the Council
shall be provided for by the Presidential
Decree.
[This Article Newly Inserted by the Act No. 3956, Nov. 28, 1987]
Article 27 (Claim, etc. for Suspect Compensation)
(1)
A person who intends to demand the suspect compensation shall make the claim to the
Council of the District Public Prosecution Administration
to which the public prosecutor who
made a disposition not to institute a public prosecution belongs (or to the Council of the
District
Public Prosecution Administration to which the Branch Office is attached in case
the public prosecutor who made such a disposition
belongs to such Branch Office of the
District Public Prosecution Administration).
(2) A person who makes a claim to the Council for suspect compensation under
Paragraph (1), shall submit the compensation application
form together with the
documents certifying the fact that a disposition not to institute a public prosecution
has been made.
[This Article Newly Inserted by the Act No. 3956, Nov. 28, 1987]
Article 28 (Applicable Provisions)
(1) The provisions of this Act concerning compensation to persons who are given verdicts
of innocence shall be applicable mutatis
mutandis within the scope not contrary to its
nature except in cases that special provisions of this Act on suspect compensation
are
provided for.
(2) The provisions of this Act shall apply mutatis mutandis to compensation to persons
who are given verdicts of innocence at military
court or who receive a disposition not
to institute a public prosecution by the prosecutor of the prosecution department of military
court. In these cases, The Courts shall be deemed to be the Military Court , and similarly
the Public Prosecution Administration
shall be changed to the Prosecution Department
of the Military Court , the Council to the District Council attached to the Special
Council
CRIMINAL COMPENSATION ACT
1248
under Article 10 (2) of the State Compensation Act and the Minister of Justice to the
Minister of National Defense .
[This Article Newly Inserted by Act No. 3956, Nov. 28, 1987]
Article 29 Deleted.
Article 1
This Act shall enter into force as of January 1, 1959.
Article 2
The Criminal Compensation Act which has been effective in accordance with the Chosun
Criminal Order shall be hereby repealed.
Article 3
With regard to those cases on compensation, whose causes took place before the enforcement
of this Act, the previous Act shall apply.
ADDENDA
(1) This Act shall enter into force as of the date of its promulgation.
(2) Persons who are given judgments of not guilty at courts-martial
from May 16, 1961
to the date of the enforcement of this Act may claim compensation in accordance with
this Act, provided that
the claim of the compensation shall be made within six months
from the date of the enforcement of this Act.
(3) The provisions of the Criminal Compensation Act shall apply mutatis mutandis to the
persons who are given judgments of not guilty
at the Revolutionary Court established in
accordance with the Act on Organization of Revolutionary Court and Revolutionary Agency.
(4) The claim of the compensation under the preceding Paragraph shall be made to the Supreme
Court within six months from the date
of the promulgation of this Act, and those claims
made before the date of the promulgation of this Act shall be regarded to have
been made
in accordance with this Act.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force as of the date of its promulgation.
(2) (Transitional Measures) With regard
to the case by which a claim for compensation
has been caused before the enforcement of this Act, the previous Act shall apply.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force at the expiration of ten days from
the date of its promulgation.
(2) (Transitional Measures) With regard to the case by which a claim for compensation
has been caused before the enforcement of
this Act, the preceding examples shall apply.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force as of the date of its promulgation.
12
1249 (1260)
(2) (Transitional Measures) With regard to the case in which cause of claim for compensation
has occurred before the enforcement
of this Act, the previous provisions shall apply.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force as of February 25, 1988.
(2) (Transitional Measures) The compensations to
have been claimed before the enforcement
of this Act shall be made according to the previous provisions.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force as of the date of its promulgation.
(2) (Transitional Measures) Any claim
for compensation on which a decision of the Council
as prescribed in Article 27 (4) is made, before this Act enters into force,
shall be subject
to the previous provisions.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008. (Proviso Omitted.)
Article 2 through Article 9 Omitted.
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.asianlii.org/kr/legis/laws/cca224