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Criminal case
Fine
A criminal case is a case that is regulated by a penal law or regulation. Penal laws are laws by which a state keeps social security and order, and by which certain acts are banned and punishments are imposed on violations of the ban regulations. A criminal case procedure can be initiated through various means, such as through a report of the violation of a penal law, and an acknowledged violation of a penal law faces a punishment, as prescribed under the laws.
Types of criminal punishmentThe criminal law specifies nine punishments for penal-law violations: capital punishment, prison labor, imprisonment, loss of qualification, suspension of qualification, fine, detention, penalty, and forfeit.
Capital punishmentA punishment by which the criminal is deprived of his life
Prison labor or imprisonment- A punishment by which a violator of a penal law or regulation is detained in a prison cell or is deprived of his/her freedom.
- Prison labor involves forced labor while imprisonment does not. Both prison labor and imprisonment have definite and indefinite periods. A definite imprisonment period ranges from one month to 30 years, but it can extend to a maximum of 50 years if additional punishment is imposed.
*A suspended sentence is a sentence of prison labor or imprisonment whose execution is suspended by the judge for a certain period due to the existence of a reason to reconsider the sentence, provided the violator abides by certain conditions set by the judge. If the defendant abides by such conditions and does not commit another crime during the whole period of suspension of the sentence, the sentence loses its effect after such period, but if during the period of suspension of the sentence the defendant commits a crime again or violates the conditions for the sentence suspension, the sentence will be executed.
Loss of qualification and suspension of qualification- A punishment that causes the violator of a penal law or regulation to lose a certain qualification or that suspends his/her qualification for a period ranging from one year to 15 years
- A person who is sentenced to capital punishment, indefinite prison labor, or indefinite imprisonment will be disqualified from becoming a government employee, will be deprived of the right to vote and the right to be elected under the public law, will be disqualified from working under the public law (with the requirements defined under the law), and will be disqualified from becoming the director, auditor, manager, inspector, or property manager of a corporation.
- A person who is sentenced to definite-term prison labor or definite-term imprisonment will, until the full execution of the sentence or unless the sentence is exempted from execution, be disqualified from becoming a government employee, be deprived of the right to vote and the right to be elected under the public law, and be disqualified from working under the public law, with the requirements defined under the law.
A fine is a punishment by which the payment of a certain amount of money is imposed on a violator of a penal law or regulation. According to the penal law, the penalty should be equivalent to KRW50,000 or more, but this may be reduced. When a fine is imposed, the defendant may be ordered to be detained in a prison workshop until after the full amount is paid.
DetentionDetention is a punishment by which a violator of a penal law or regulation is detained in a detention center from one day to 30 days.
PenaltyA penalty is a punishment by which, as with the fine, the payment of an amount of money ranging from KRW2,000 to 50,000 is imposed on a violator of a penal law or regulation. A penalty is different from an administrative charge that is imposed as a kind of administrative punishment by an administrative agency to keep administrative order.
Forfeit- Forfeit is a punishment by which a person??s right to own property related to a crime is forfeited, with the ownership of such property being reverted to the state.
- Properties that can be forfeited include (1) a property provided or intended to be provided for a crime; (2) a property created or acquired through a crime; and (3) a property acquired in return for (2). If a property cannot be forfeited, its value may be collected.
- The penal law provides that a property shall be forfeited only when it is not jointly owned by another person, and even if after the crime, a different person acquired the property despite his/her knowledge that the property falls under category (1), (2), or (3).
- Forfeit is generally given as a sentence along with a different punishment, but even if a conviction is not sentenced, forfeit may be imposed if the requirements for such are met.
