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ENFORCEMENT DECREE OF THE ACT ON SPECIAL CASES CONCERNING THE CONFISCATION AND RETURN OF PROPERTY ACQUIRED THROUGH CORRUPT PRACTICES

Presidential Decree No. 24181, Nov. 20, 2012

Amended by Presidential Decree No. 25532, Aug. 6, 2014

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on Special Cases concerning the Confiscation and Return of Property Acquired through Corrupt Practices and matters necessary for the enforcement thereof.
 Article 2 (Custody of Money)
Where the property of a victim of a predicate offense, which is subject to restitution (including the property subject to execution, etc. recovered from a foreign state under Article 17 of the Act) and is confiscated under Article 6 of the Act on Special Cases concerning the Confiscation and Return of Property Acquired through Corrupt Practices (hereinafter referred to as the “Act”), is non-monetary, the prosecutor may liquidate the property or collect the monetary equivalent thereof where it is deemed inappropriate to retain the property in light of the nature and relationship of rights and duties, etc. regarding the property.
 Article 3 (Relationship to Right to Claim Compensation for Loss, etc.)
Where the property of the victim of a predicate offense has been returned to the victim, his/her inheritor, or other general successor (hereinafter referred to as “victim, etc”) or he/she has been compensated for loss concerning the property, items subject to restitution (including property subject to execution, etc. recovered from a foreign state under Article 17 of the Act and money liquidated or collected under Article 18 (1) of the Act; hereinafter referred to as “property subject to restitution”), such as property of the victim of a predicate offense, confiscated or collected under Article 6 of the Act within the scope for return or compensation therefor, shall not be returned.
 Article 4 (Notification and Announcement)
(1) The prosecutor shall notify a victim, etc. of the following matters without delay if he/she holds the property subject to restitution:
1. The competent prosecutor's office to which the prosecutor, who holds the property subject to restitution, belongs;
2. Details and value of property subject to restitution;
3. The court which has ruled on confiscation or collection of the property subject to restitution, trial and trial confirmation dates, case number, defendant’s name, main grounds for confiscation or collection thereof, and name of the offense;
4. Period in which such return shall be claimed under Article 5.
(2) Where it is impossible to give notice in accordance with paragraph (1) due to unknown whereabouts of the victim, etc. or other reasons, the subparagraphs of paragraph (1) shall be announced on the Official Gazette.
 Article 5 (Claims for Return of Property Subject to Restitution)
(1) A victim, etc. who intends to retrieve property subject to restitution shall claim the return of the property of the victim of a predicate offense, from the prosecutor who holds it.
(2) Each person who intends to claim the return of property under paragraph (1), shall submit a written claim stating the following matters, to the competent prosecutor’s office where the prosecutor holds the property subject to restitution. In such cases, he/she shall attach enough materials to explain each of the following:
1. The fact that the claimant is a victim, etc.;
2. The reclaimed property of the victim of the predicate offense;
3. The property or its value, if the victim, etc. has retrieved any out of the property of the victim of the predicate offense or has been compensated for loss.
 Article 6 (Decision, etc. of Whether to Return Property Subject to Restitution)
(1) The prosecutor requested to return the property subject to restitution under Article 5 shall immediately determine whether to do so.
(2) The prosecutor shall make a decision on the claim under Article 5 in accordance with the following classifications:
1. Where he/she finds the claim well-founded: determine to return the property subject to restitution;
2. Where he/she finds the claim groundless: determine to dismiss the claim;
3. Where he/she finds the claim partially-grounded: determine to return part of the property and to dismiss the remainder of the claim.
(3) The prosecutor shall notify the claimant of the purport of and grounds for the decision without delay if he/she determines under the subparagraphs of paragraph (2).
 Article 7 (Implementation of Return of Property Subject to Restitution)
(1) The prosecutor shall return the property subject to restitution without delay, to the claimant if he/she decides to do so under Article 6.
(2) Where at least two victims are affected by the same corruption offense and the property subject to restitution held by the prosecutor is insufficient enough to satisfy the claims for the return of their property, the prosecutor shall return the property in proportion to the value of the property of each victim of the predicate offense.
 Article 8 (Provisions Applicable Mutatis Mutandis)
The provisions concerning procedures for confiscating articles and executing pecuniary punishment under Article 11 of the Prosecutor's Office Act and affairs of each local prosecutor’s office shall apply mutatis mutandis to procedures for receipt, custody, and disposal of the property subject to restitution, within the extent consistent with the nature thereof.
 Article 9 (Processing of Sensitive Information and Personally Identifiable Information)
The Minister of Justice or the prosecutor may process information such as criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act or data containing a resident registration number, passport number, driver’s license number, or a foreigner registration number under Article 19 of the same Decree if essential in order to conduct the affairs concerning return of the property of a victim of a predicate offense under Article 6 of the Act.
[This Article Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014]
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.