Korean Criminal Procedure (English) PDF
Korean Criminal Procedure (English) PDF
Korean Criminal Procedure (English) PDF
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Introduction
has topped 1,000,000 persons, and projections indicate that there could be
overcome the concept of homogeneity in light of the fact that the number
interracial marriages are increasing, and Korea has come a long way
especially true for Busan. As Busan is home to one of the busiest ports
in the world and as it is major distribution hub and a port of entry for
tourists from China, Japan, Russian and other countries, Busan has one
Because of this, the Busan District Court has a division that specializes in
hearing cases against foreign defendants, and there are also court
are not familiar with the Korean criminal procedures and are not fluent in
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the Korean language, the lack of understanding of Korea’s criminal laws
and procedures can lead to fear and discomfort regarding the system.
of criminal court judges at the Busan District Court and translated into the
was made possible by Senior Presiding Judge Park Sung Chul, Presiding
Judge Ko Jong Joo, and brought to fruition by the hard work and
dedication of Judge Kim Tae Kyu, Judge Jeon Kuk Jin and other judges
in the criminal division, attorney Heo Sang Soo, attorney Jeffrey Scott
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sincere hope that this informational document will serve to assist in the
protection of foreigners’ human and civil rights. I also hope that the
Sincerely,
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INDEX
I. Investigation and Indictment
1. Summary
2. Detailed Information
(1) Investigating Agency ....................................................... 7
(2) Commencing the Investigation ......................................... 7
(3) Booking on Charges ....................................................... 8
(4) Arrest ............................................................................. 8
(5) Detention ....................................................................... 9
(6) Examination of the Suspect Prior to Detention ................. 10
(7) Transfer ......................................................................... 10
(8) Review of Legality of Arrest and Detention ...................... 11
(9) Public Prosecution .......................................................... 12
(10) No Prosecution ............................................................. 13
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V. Contact Details for the Busan District Court and Related Agencies
1. Information ........................................................................ 25
2. Information Regarding the Criminal Courts of the Busan District Court
◎ District Court Appellate Division .......................................... 26
◎ Three Judge Criminal Divisions .......................................... 26
◎ Single Judge Criminal Divisions ......................................... 26
3. Related Agencies
◎ Prosecutor’s Office ............................................................ 27
◎ Police Stations .................................................................. 27
◎ Other Agencies ................................................................. 28
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I. Investigation and Indictment
1. Summary
2. Detailed Information
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etc.
(4) Arrest
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committed a crime, is called a "flagrant offender." Any person may arrest
a flagrant offender without an arrest warrant. Where a person other than
the investigation agency arrests a flagrant offender, that person shall
immediately turn the flagrant offender over to the investigating agency.
(5) Detention
The procedures for obtaining a detention warrant are the same as the
procedures for obtaining an arrest warrant. If there are sufficient grounds
for doing so, the prosecutor or judge may quash the detention order.
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released if the suspect is not transferred to the public prosecutor within
ten days. If a prosecutor arrests a suspect or receives a suspect from a
judicial police officer, the suspect shall be released if the suspect is not
arraigned within ten days. Furthermore, upon the request of a prosecutor,
if a district court judge deems that there is a good reason to continue the
investigation, the district court judge may grant a one-time extension of the
detention for a period not exceeding ten days.
(7) Transfer
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Regardless of whether a particular criminal case is considered a large
case or a small case, only a prosecutor may conclude the investigation.
Thus, in all cases investigated by the judicial police, all investigation files,
evidence, and the suspect (where the suspect has been detained), shall
be transferred to the public prosecutors office. This process is referred to
as "transfer."
Under a "bail system," the court may order the release of a detained
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suspect by a ruling under the condition that bail money to guarantee the
appearance of the subject be deposited. The conditions and procedures
for bail under these circumstances are nearly the same as the bail
procedures that will be discussed in detail hereafter.
Under a summary indictment, the courts will not hold a trial. The
court will review the investigation records and render its decision on the
contents of the investigation records. If the court deems it impossible or
inappropriate to handle the matter through summary proceedings, the court
may order that the case be submitted for trial. If either the defendant or
the prosecutor has any objection to the summary order, the objecting party
has seven days in which to object to the summary order and request that
a formal trial be held.
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(10) No Prosecution
1. Summary
Criminal trials are carried out through open hearings held in a public
courtroom. The trial begins with the presiding judge notifying the defendant
of his right to refuse to testify and asking the defendant’s name, age, and
other identifying questions. After the questions relating to identification, but
before the examination of the evidence, the prosecutor and the defendant
or the defendant’s lawyer may make opening statements relating to the
basic facts of the case, any facts beneficial to their case, or other
statements.
After the opening statements are completed, the points of dispute and
the relevant evidence are organized and the process of examining the
evidence begins. The process of examining the evidence consists of
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applying for admission of evidence, decisions on admission of evidence,
examination of the evidence, listening to opinions regarding the results of
the examination of evidence, and other similar procedures.
After all of the aforementioned procedures are completed, the court will
close the hearings. The court usually renders judgment approximately two
to three weeks after closing the hearings.
2. Detailed Information
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death, imprisonment for life, or imprisonment for three years or more, the
court must, under his own authority, appoint a public defender to the
defendant.
Accordingly, during the first level hearings, the court must render
judgment within six months of the date the defendant was detained, not
including the period of confinement before the indictment. However, if a
case separate from the case for which the detention warrant was issued
is heard in combination with the case for which the detention warrant was
issued, and if the hearings last more than six months and if it is
necessary in order to render judgment on the case, it is possible to
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continue the hearings by issuing an arrest order for the other case.
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of the following conditions:
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is revoked, the court may confiscate all or part of the bail money.
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The prosecutor may have duly and legally prepared transcripts of a
defendant’s statement included in the investigation files accepted as
identical testimony of the defendant in criminal hearings or in preparation
of criminal hearings. Also, if the statements are proven to have been
taken under especially reliable circumstance, the statements may be used
as evidence. Transcripts of the defendant’s questioning that have been
properly and legally prepared by investigating authorities other than a
prosecutor may be used as evidence in preparatory proceedings and
during criminal trials when the contents of the transcript are acknowledged
by the defendant or the defendant’s lawyer.
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transcripts to be used as evidence. In such a case, the court shall, in
principle, summon the person who gave the statement to appear in court
in order to confirm the truthfulness and accuracy of the statements and
transcripts.
1. Judgment
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suspended for a certain period of time, and if that period passes without
further criminal acts by the defendant, then the case will be dismissed.
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shall be increased by half.
Where a conviction of guilt is not obtained, the court shall find the
defendant not guilty. When a defendant who has been held in detention is
found not guilty, the defendant may claim compensation in accordance
with provisions of law.
If a defendant who has not been detained applies for service of the
written judgment within seven days of the judgment, the defendant may
receive a copy of the judgment.
(5) Release
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2. Appeal
There is very little difference in the way the second level hearings are
conducted and the way the first level hearings are conducted. However,
in cases where only the defendant appeals the judgment, the appellate
court cannot hand down a punishment higher than the punishment handed
down by the first court.
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1. Summary Judgment Proceedings
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Citizen-involved hearings shall consist of five to nine jurors. The issue
of guilt or innocence shall be deliberated by the jury on the basis of
either a unanimous or majority decision. In the event of a guilty verdict,
the jury may provide the court with its assessment on the appropriate
punishment. However, unlike under English and American law, the court
is not bound to following the jury’s verdict or sentencing.
3. Additional Considerations
1. Information
Applications for witnesses and other necessary forms for use in criminal
proceedings can be downloaded from the Supreme Court’s homepage
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(www.scourt.go.kr).
Most of the criminal courts at the Busan District Court are in session
and hold hearings twice weekly on designated days. When a court is in
session, all related personnel are in the court room. Therefore, when
contacting or visiting the court, it is best to do so on days when a
particular court is not in session.
451 (Wed)
2 Appeals (Drugs) Wed, Thurs 590-1859
254 (Thurs)
Telephone
Court Session
Cases Courtroom (Area Code
Div. Dates
051)
Significant Cases(Sexual Assault, 254 (Wed)
5 Wed, Fri 590-1869
Foreigners, Corruption) 301 (Fri)
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3 Wed, Fri 355 590-1914
3. Related Agencies
◎ Prosecutor’s Office
◎ Police Stations
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Dongbu 051) 462-0112 http://db.bspolice.go.kr
◎ Other Agencies
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