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ACT ON SPECIAL CASES CONCERNING THE PREVENTION OF ILLEGAL TRAFFICKING IN NARCOTICS, ETC.

Act No. 5011, Dec. 6, 1995

Amended by Act No. 5493, Dec. 31, 1997

Act No. 6082, Dec. 31, 1999

Act No. 6146, Jan. 12, 2000

Act No. 6305, Dec. 29, 2000

Act No. 6627, Jan. 26, 2002

Act No. 6626, Jan. 26, 2002

Act No. 9809, Nov. 2, 2009

Act No. 9834, Dec. 29, 2009

Act No. 10219, Mar. 31, 2010

Act No. 10644, May 19, 2011

Act No. 10698, May 23, 2011

Act No. 10786, jun. 7, 2011

Act No. 10854, Jul. 14, 2011

Act No. 11690, Mar. 23, 2013

Act No. 14116, Mar. 29, 2016

Act No. 14476, Dec. 27, 2016

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to prescribe special cases, etc. for the Narcotics Control Act and other related Acts to seek the repression and prevention of narcotics crimes through the prevention of activities, etc., under international cooperation, that encourage illegal activities relating to narcotics, etc. and to seek the effective execution of international conventions in this regard.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 2 (Definitions)
(1) For the purpose of this Act, the term "narcotics, etc." means narcotics provided for in subparagraph 2 of Article 2 of the Narcotics Control Act, psychotropic drugs provided for in subparagraph 3 of the same Article, and marijuana provided for in subparagraph 4 of the same Article. <Amended by Act No. 10786, Jun. 7, 2011>
(2) For the purpose of this Act, the term "narcotics crime" means any of the following crimes (and includes any crime which is present within a compound crime under Article 40 of the Criminal Act with any of the following crimes):
1. A crime under Article 6, 9, or 10;
(3) For the purpose of this Act, the term "illegal profits" means any property acquired from a criminal act in a narcotics crime, any property acquired as payment for such criminal act, or any funds involved in a crime (including any criminal attempt) under Article 60 (1) 1 or Article 61 (1) 1 of the Narcotics Control Act. <Amended by Act No. 10786, Jun. 7, 2011>
(4) For the purpose of this Act, the term "property derived from illegal profits" means any property acquired as the fruits of illegal profits, any property acquired in consideration for illegal profits, any property acquired in consideration for such properties, or any property acquired from the possession or disposition of illegal profits.
(5) For the purpose of this Act, the term "illegal profits, etc." means illegal profits, any property derived from illegal profits, or any property which is a mixture of such property and any other property.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
CHAPTER II SPECIAL PROVISIONS REGARDING ENTRY AND LANDING PROCEDURE, ETC.
 Article 3 (Special Provisions concerning Entry and Landing Procedure, etc.)
(1) Notwithstanding Article 11 (1) 1 of the Immigration Act, where any immigration control officer receives an application for entry from a foreigner, even though such foreigner is suspected to be a person who falls under Article 11 (1) 1 of the Immigration Act, the immigration control officer may permit the foreigner’s entry after acquiring the approval of the Minister of Justice, upon the request by a prosecutor declaring the necessity to allow the foreigner to enter the Republic of Korea in connection with an investigation of a narcotics crime for which a sufficient surveillance system has been established to prevent the distribution of narcotics, etc. and the escape of foreigners.
(2) Notwithstanding the proviso to Article 14 (1) of the Immigration Act, where an immigration control officer receives an application for landing permission from a foreigner as stipulated in Article 14 (1) of the same Act, even though the foreigner is suspected to be a person who falls under Article 11 (1) 1 of the same Act, the immigration control officer may permit the foreigner’s landing after obtaining the approval of the Minister of Justice, upon the request by a prosecutor declaring the necessity to allow the foreigner to enter the Republic of Korea in connection with an investigation of a narcotics crime for which a sufficient surveillance system has been established to prevent the distribution of narcotics, etc. and the escape of foreigners.
(3) When an immigration control officer receives a notice by a prosecutor declaring that it is not proper to allow a foreigner, who received permission of entry as stipulated in paragraph (1) or permission of landing as stipulated in paragraph (2), to continue to stay in the Republic of Korea, the immigration control officer shall immediately review whether such foreigner fell under Article 11 (1) 1 of the Immigration Act at the time of entry or landing.
(4) Where an immigration control officer deems that a foreigner fell under Article 11 (1) 1 of the Immigration Act as a result of the review as referred to in paragraph (3), the immigration control officer shall cancel permission of entry or landing after obtaining approval of the Minister of Justice.
(5) Any judicial police officer may submit an application to a prosecutor so that the latter may make a request or give a notice pursuant to paragraphs (1) through (3). In such cases, the prosecutor, upon receipt of such application, shall make a request or give a notice as stipulated in paragraphs (1) through (3).
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 4 (Special Provisions concerning Customs Procedures)
(1) Where narcotics, etc. are found to be concealed in cargo, or suspected as such during an inspection under Article 246 of the Customs Act and where a prosecutor makes a request for returning narcotics, etc. to foreign countries or for bringing them into the Republic of Korea in connection with an investigation of a narcotics crime for which a sufficient surveillance system has been established to prevent the distribution of narcotics, etc., the head of a customs office may take the following measures: Provided, That where taking the following measures does not seem to comply with the legislative purposes of the customs-related statutes, the head of a customs office may choose not to take the following measures after consultation with the prosecutor who made a request:
1. Issuing a license for importation/exportation or return of the relevant cargo (excluding the narcotics, etc. concealed in the relevant cargo) under Article 241 of the Customs Act;
2. Other necessary measures to comply with a request by a prosecutor.
(2) Paragraph (1) (excluding subparagraph 1) shall apply mutatis mutandis, where narcotics, etc. are found concealed in mail or suspected to be so during an inspection thereof under Article 257 of the Customs Act. In such cases, Article 240 of the same Act shall not apply to such narcotics, etc.
(3) Any judicial police officer may submit an application to a prosecutor so that the latter may make a request pursuant to paragraphs (1) and (2). In such cases, the prosecutor shall make a request as stipulated in paragraphs (1) and (2).
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 5 (Reporting by Financial Companies, etc.)
(1) Any person who is employed at a financial company, etc. under subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality (hereinafter referred to as "financial company, etc.") and who carries out a financial transaction under subparagraph 3 of the same Article shall promptly report to the Prosecutor General in writing as prescribed by Presidential Decree, notwithstanding any provision of other statutes, when the person becomes aware that the property he/she accepts in the course of carrying out his/her duty is illegal profits, etc. or that the counterparty to the relevant transaction has committed any crime prescribed in Article 7. <Amended by Act No. 10854, Jul. 14, 2011>
(2) In cases under paragraph (1), when any person who is employed at a financial company, etc. has reported or intends to report under the same paragraph, he/she shall not disclose such fact to the counterparty to the relevant transaction or anyone related to the counterparty. <Amended by Act No. 10854, Jul. 14, 2011>
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
CHAPTER III PENALTY PROVISIONS
 Article 6 (Illegal Importation, etc. Conducted for Business Purposes)
(1) Any person who conducts an activity under Article 58 (excluding paragraph (4)), 59 (1) through (3) (limited to activities related to the provisions of paragraph (1) 1 through 4 and 9 of the same Article and excluding psychotropic drugs in subparagraph 4 of the same paragraph), or 60 (1) 4 (including any habitual offender and any criminal attempt) of the Narcotics Control Act. (including any person who conducts an activity under Article 9 as well as an activity mentioned above for business purposes) for business purposes shall be punished by death, imprisonment for life, or imprisonment for not less than ten years. In such cases, a fine not exceeding 100 million won shall be imposed concurrently. <Amended by Act No. 10786, Jun. 7, 2011>
(2) Any person who conducts an activity under Article 59 (1) through (3) (limited to activities related to the provisions of paragraph (1) 4 through 7 and 10 through 13 of the same Article and excluding narcotics in subparagraph 4 of the same paragraph) or 60 (1) 2 (including any criminal attempt and any habitual offender) and 3 (including any criminal attempt and any habitual offender) of the Act on the Control of Narcotics, Etc. (including any person who conducts an activity under Article 9 as well as an activity mentioned above for business purposes) for business purposes shall be punished by imprisonment for a limited term of not less than three years. In such cases, a fine not exceeding 30 million won shall be imposed concurrently. <Amended by Act No. 10786, Jun. 7, 2011>
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 7 (Concealment and Disguise of Illegal Profits, etc.)
(1) Any person who conceals or disguises the nature, location, origin, or ownership of illegal profits, etc. for the purpose of hindering the detection of narcotics crimes or the investigation of the origin of illegal profits, etc. or avoiding the confiscation of illegal profits, etc. may be punished by imprisonment for not more than seven years or by a fine not exceeding 30 million won, or both penalties may be imposed concurrently.
(2) Any person who attempts to commit a crime under paragraph (1) shall be punished.
(3) Any person who prepares or conspires for the purpose of committing a crime under paragraph (1) shall be punished by imprisonment for not more than two years or by a fine not exceeding 10 million won.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 8 (Acceptance of Illegal Profits, etc.)
Any person who accepts illegal profits, etc., knowing them to be illegal profits may be punished by imprisonment for not more than three years or by a fine not exceeding ten million won, or both penalties may be imposed concurrently: Provided, That this shall not apply to a person who accepts illegal profits, etc. as performance of an obligation prescribed in a statute or a person who receives illegal profits, etc. as performance of an obligation under a contract (limited to a contract that provides a creditor with a reasonable profit) not knowing such obligation would be performed with illegal profits, etc. at the time of the contract.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 9 (Importation, etc. of Goods Recognized as Narcotics, etc.)
(1) Any person who exports or imports drugs or other goods which he/she receives or acquires, aware that they are narcotics, etc., for the purpose of committing a narcotics crime (limited to crimes related to importation or exportation of narcotics, etc.) shall be punished by imprisonment for a limited term of not less than three years.
(2) Any person who transfers, acquires, or possesses drugs or other goods, aware that they are narcotics, etc., for the purpose of committing a narcotics crime (limited to crimes related to transfer, acquisition, or possession of narcotics, etc.) shall be punished by imprisonment for not more than five years or by a fine not exceeding five million won. <Amended by Act No. 10644, May 19, 2011>
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 10 (Instigation, etc.)
Any person who publicly instigates or solicits the commission of a narcotics crime (excluding the crimes under Article 9 and this Article), under Article 7 or 8, or the abuse of narcotics, etc. shall be punished by imprisonment for not more than three years or by a fine not exceeding 10 million won.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 11 (Failure to Report, etc. on Illegal Profits, etc.)
Any person who violates Article 5 shall be punished by imprisonment for not more than two years or by a fine not exceeding ten million won.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 12 (Overseas Offenses)
Articles 6 through 8 and 10 shall also apply to foreigners who have committed the relevant crimes outside of the territory of the Republic of Korea, as under Article 5 of the Criminal Act.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 13 (Confiscation of Illegal Profits, etc.)
(1) The following property shall be confiscated: Provided, That where the crimes specified in Article 7 (1) and (2) or 8 are related to a property which is a mixture of illegal profits, or property generated from illegal profits, and any other property, and where it is deemed improper to confiscate all property related to such crimes under subparagraphs 3 through 5, only some of such property may be confiscated:
1. Illegal profits;
2. Property generated from the illegal profits;
3. Illegal profits, etc. related to the criminal acts specified in Article 7 (1) and (2) or 8;
4. Property generated from or acquired through criminal acts specified in Article 7 (1) and (2) or 8 or the property received as payment for such criminal acts;
5. Property acquired as the fruits of, or in consideration for, the property under subparagraph 3 or 4, or property acquired in consideration for such property, or other property acquired by the possession or disposal of the property.
(2) Where the confiscation of a property under paragraph (1) is deemed improper considering the nature of the property, its current use, the existence of any right to property of a person other than an offender, or other circumstances, the property may avoid being confiscated notwithstanding the provisions of paragraph (1).
(3) The following property may be confiscated:
1. Illegal profits, etc. related to the criminal acts under Article 7 (3);
2. Property generated from or acquired through criminal acts specified in Article 7 (3) or received as payment for such criminal acts;
3. Property acquired as the fruits of, or in consideration of, the property under subparagraph 1 or 2, property acquired in consideration for such property, or other property acquired by the possession or disposal of the property.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 14 (Confiscation of Property Mixed with Illegal Profits, etc.)
Where the property under any subparagraph of Article 13 (1) or (3) (hereinafter referred to as "illegal property") is mixed with property other than illegal property and the illegal property should be confiscated, any part of the property generated from such mixture (hereinafter referred to as "mixed property") corresponding to the amount or volume of the illegal property (limited to the parts related to the mixture) may be confiscated.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 15 (Requirements, etc. for Confiscation)
(1) The confiscation under Article 13 shall be limited to cases where the illegal property or mixed property does not belong to a person other than an offender: Provided, That where a person other than an offender acquires the illegal property or mixed property (excluding cases in which the acquisition of the illegal property or mixed property falls under the acceptance of the illegal profits, etc. under the proviso to Article 8), knowing that a crime took place, the illegal property or mixed property may be confiscated even though it belongs to the person other than the offender.
(2) Where the property on which any surface right, mortgage, or other rights exist is confiscated under Article 13 and a person other than an offender acquires such rights before the crime takes place, or acquires such right unaware that a crime took place, such rights shall continue to exist.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 16 (Collection)
(1) Where it is impossible to confiscate property to be confiscated pursuant to Article 13 (1) or the confiscation is waived pursuant to paragraph (2) of the same Article, an amount equivalent to its value shall be collected from the offender.
(2) Where it is impossible to confiscate property under Article 13 (3) or where it is deemed improper to confiscate property considering the nature of the property, its current use, the existence of any right to property of a person other than an offender, or other circumstances, an amount equivalent to its value may be collected from the offender.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 17 (Presumption of Illegal Profits)
In estimating illegal profits related to a crime prescribed in Article 6, if a property an offender acquires during a period in which the offender conducts an activity under the same Article for business purposes is found to be markedly high-valued considering the property management status or the receipt status of any payment according to statutes during such period, and there appears to be a reasonable probability to think the acquired property had been formed by illegal profits acquired by a crime under the same Article considering all circumstances, such as the amount of illegal profits and the time of property acquisition, such property shall be presumed to be illegal profits related to such crime.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 18 (Joint Penalty Provisions)
(1) Where a representative of a corporation or an agent, employee or any other person employed by a corporation or individual commits an offense under Article 6 through 8, 9 (2), 10 or 11 in connection with the business of the corporation or individual, not only shall such offender be punished, but the corporation or individual shall also be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense.
(2) Where a representative of a corporation, or an agent, employee or any other person employed by a corporation or individual commits an offense under Article 9 (1) in connection with the business of the corporation or individual, not only shall such offender be punished, but the corporation or individual shall also be punished by a fine not exceeding 100 million won: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense.
[This Article Wholly Amended by Act No. 9834, Dec. 29, 2009]
CHAPTER IV SPECIAL PROVISIONS ON CONFISCATION PROCEDURE, ETC.
 Article 19 (Declaration of Existence of Right)
Where a court decides to confiscate property on which surface rights, mortgage, or other rights exist and declares the continued existence of such rights under Article 15 (2), the court shall not only order the confiscation but also declare the purport of the declaration of the continued existence of the rights.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 20 (Disposal of Confiscated Property, etc.)
(1) A prosecutor shall dispose of confiscated property.
(2) Where a judgment to confiscate a claim becomes final and conclusive, a prosecutor shall notify the obligor of the purport of such judgment by sending an abstract of the judgment of confiscation to the obligor.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 21 (Registration, etc. Based on Judgment of Confiscation)
(1) Following a judgment of confiscation of any property, the transfer of which requires registration or recording (hereinafter referred to as "registration, etc."), a prosecutor shall entrust registration, etc.
(2) Where a prosecutor entrusts the agencies concerned with registration, etc. under paragraph (1), if a registration, etc. exists for any restriction on disposal which has already lost its validity due to confiscation, for the acquisition of a right which has already been extinguished due to confiscation, or for an order of preservation for confiscation or supplemental preservation order under Section 1 of Chapter 6, it shall be deemed that the prosecutor also entrusts the cancellation of such registration, etc. to the agencies concerned.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 22 (Special Provision on Criminal Compensation)
With regard to the criminal compensation for the execution of confiscation of property that is neither an immovable nor a movable, Article 5 (6) of the Act on Criminal Compensation and Restoration of Impaired Reputation shall apply mutatis mutandis. <Amended by Act No. 10698, May 23, 2011>
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
CHAPTER V SPECIAL PROVISIONS ON APPLICATION FOR INTERVENTION BY THIRD PARTY
 Article 23 (Notice)
(1) Where a prosecutor institutes a public action, when it is deemed necessary to confiscate property that belongs to a person other than a defendant or property on which any surface rights, mortgage, or other rights of a person other than a defendant exist under this Act, the following matters shall be immediately notified in writing to the person to whom the property or the surface right, mortgage, or any other right on the property belongs and who is not the defendant (hereinafter referred to as "third party"):
1. The court in which the criminal case against the defendant is pending;
2. The name of the defendant and name of the criminal case against the defendant;
3. The name, amount, and other description of the property to be confiscated, if available;
4. The abstract of facts supporting the reasons for the confiscation;
5. The purport that the application for intervention in the criminal case proceedings against the defendant is allowed;
6. The time period to apply for intervention;
7. The trial date, if the trial date of the criminal case against the defendant is set.
(2) Where a prosecutor cannot make a notification under paragraph (1) because a third party's whereabouts is unknown or other grounds exist, the prosecutor shall publish the matters specified in each subparagraph of paragraph (1) in the Official Gazette or any daily newspaper and post them on the bulletin board at the district prosecutors’ office or its branch office concerned for 14 days.
(3) After making a notification or public notification pursuant to paragraph (1) or (2), a prosecutor shall submit to the court documents to prove such action has been taken.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 24 (Intervention Procedure)
(1) Any third party whose property is likely to be confiscated may apply for an intervention in any criminal case proceedings against a defendant in writing to the court in which the criminal case against the defendant is pending before a trial of first instance commences (or, in cases of a trial by summary proceedings, before the deadline for requesting a formal trial expires or, if a request for a formal trial is made in such cases, before a trial of first instance according to the ordinary trial procedure commences; hereinafter the same shall apply): Provided, That where any notification has been made in accordance with Article 23 (1) or (2), the third party may apply for the intervention within 14 days after the date thereof.
(2) Where a court which has received documents regarding notification or public notification under Article 23 (3) receives an application for intervention after transferring a criminal case against a defendant to another court, the original court shall send the application documents to the court to which the criminal case against the defendant is transferred. In such cases, it shall be deemed that the third party applies for intervention when he/she applies for intervention to the original court which transferred the criminal case against the defendant.
(3) A court shall dismiss an application for intervention where a third party's application for intervention falls under any of the following subparagraphs: Provided, That where it is deemed that the applicant is not responsible for failing to apply for intervention within the time period under the proviso to paragraph (1), the intervention may be permitted before a trial of the first instance commences:
1. When the application for intervention is in violation of the proper legal procedures;
2. When the application has been made after the expiration of the time period under paragraph (1);
3. When it is clear that the property to be confiscated or any surface rights, mortgage, or other rights exist over the property to be confiscated do not belong to the applicant.
(4) Except in cases under paragraph (3), a court shall permit any application for intervention: Provided, That an application for intervention may be dismissed when the prosecutor’s opinion that the confiscation is impossible or unnecessary is deemed to be reasonable.
(5) Where a court permits intervention, but it later becomes clear that the property to be confiscated or any surface rights, mortgage, or other rights on the property to be confiscated do not belong to the person who has obtained permission for intervention (hereinafter referred to in this Chapter as "intervenor"), the court shall cancel the judgment following the trial which allowed the intervention, and, if the court deems that the prosecutor’s opinion that the confiscation is impossible or unnecessary is reasonable, the court may cancel the judgment following the trial which allowed the intervention.
(6) The adjudication on the intervention shall be made after considering the opinions of the prosecutor, the applicant for intervention, the intervenor, the defendant, or the defense counsel.
(7) A prosecutor, an applicant for intervention, or an intervenor may immediately appeal a decision to dismiss an application for intervention or a decision to cancel a judgment following a trial which allowed intervention.
(8) Withdrawal of an application for intervention shall be in writing: Provided, That on the trial date, it may be verbally.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 25 (Rights of Intervenor)
(1) An intervenor has the same judicial rights concerning confiscation as the defendant, except as otherwise provided for in this Act.
(2) Paragraph (1) shall not hinder the examination of the intervenor as a witness.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 26 (Appearance of Intervenor, etc.)
(1) An intervenor may choose not to appear in court on the trial date.
(2) When the intervenor's whereabouts is unknown, the court may choose not to serve the notice of the trial date and other documents.
(3) The court shall notify the intervenor who appears in court on the trial date of the summary of facts supporting the reasons for the confiscation, important matters relating to the hearings held before the intervention, and other matters deemed necessary to protect the rights of the intervenor and shall give the intervenor an opportunity to make a statement regarding the confiscation.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 27 (Evidence)
(1) The intervention of an intervenor shall not affect the application of Articles 310-2, 311 through 318, 318-2, and 318-3 of the Criminal Procedure Act.
(2) Where a document or statement that is permissible as evidence under Article 318 and 318-3 (main sentence) of the Criminal Procedure Act has been investigated by a court, if the intervenor requests to examine as a witness the person who has prepared the document or statement and it is deemed necessary for the protection of the rights of the intervenor, the court shall examine such person. The same shall also apply in cases where the intervenor requests re-examination of the witness who has been examined before the intervention of the intervenor.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 28 (Prohibition of Judgments of Confiscation)
Where a third party fails to obtain permission for intervention, no judgment of confiscation shall be rendered for any property belonging to the third party or any property over which the third party has surface rights, mortgage, or other rights, except in cases falling under any of the following subparagraphs:
1. Where 14 days have passed after a notification under Article 23 (1) or a public notification under Article 23 (2) has been made: Provided, That where the application for intervention falls under any of the following, no judgment of confiscation shall be rendered:
(a) Where the application for intervention has been dismissed due to the reason that the property to be confiscated or any surface rights, mortgage, or other rights on the property to be confiscated obviously do not belong to the intervenor or the applicant for intervention;
(b) Where the application for intervention has been dismissed according to the prosecutor’s opinion that the confiscation is impossible or unnecessary;
(c) Where the judgment following the trial which allowed the intervention is cancelled;
2. Where the application for intervention is dismissed because the application violates the proper legal procedures;
3. Where the application for intervention has been withdrawn.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 29 (Appeal)
(1) The intervenor in the original court shall also maintain the status of the intervenor in the appellate court.
(2) Where the intervenor appeals, the part of the judgment of the original court which relates to the confiscation shall not become final and conclusive, even if the prosecutor or the defendant chooses not to appeal, waives the right to appeal, or withdraws an appeal.
(3) In cases under paragraph (2), the defendant may choose not to appear on the date of trial at the appellate court and the court of the next instance. In such cases, Articles 33, 282, and 283 of the Criminal Procedure Act shall not apply.
(4) Paragraphs (2) and (3) shall apply mutatis mutandis to cases where the intervenor requests formal proceedings in cases of a trial by the summary proceedings.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 30 (Attorney-in-Fact)
(1) A third party who intervenes in criminal proceedings against a defendant under this Act may appoint an attorney-at-law as an attorney-in-fact to represent the third party and act on his/her behalf in the litigation. In such cases, Articles 32 (1) and 35 of the Criminal Procedure Act shall apply mutatis mutandis.
(2) The attorney-in-fact may not withdraw the intervention or the application for formal proceedings and may not waive or withdraw the appeal without the written consent of the intervenor.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 31 (Application Mutatis Mutandis of the Criminal Procedure Act)
(1) Articles 26 through 28 of the Criminal Procedure Act shall apply mutatis mutandis to a third party’s competency to stand trial, and Articles 186 and 191 of the same Act shall apply mutatis mutandis to bearing litigation costs by the third party.
(2) In regard to the procedure for confiscation of the property under Article 23 (1), the Criminal Procedure Act shall apply mutatis mutandis, except as otherwise prescribed by this Act.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 32 (Relations with Other Procedures)
A decision to confiscate property under Article 23 (1) shall not affect any right of a third party who was unable to claim the right in criminal proceedings against a defendant through no fault of his/her own.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
CHAPTER VI PRESERVATION PROCEDURE
SECTION 1 Preservation for Confiscation
 Article 33 (Order of Preservation for Confiscation)
(1) Where, with respect to a criminal case against a defendant involved in a narcotics crime, etc., a court has a reasonable ground to find that a property may be subject to confiscation under this Act, the Act on the Control of Narcotics, Etc. and other statutes (hereinafter referred to as "property subject to confiscation") and deems it necessary to confiscate the property, the court may prohibit the disposition of the property by issuing an order of preservation for confiscation upon the request of the prosecutor or ex officio.
(2) Where a court has issued or is going to issue an order of preservation for confiscation of the property over which surface rights, mortgage, or other rights exist, if there exists a reasonable ground to judge that the above rights might be extinguished by the confiscation and it is deemed necessary to confiscate the property, or if there is a reasonable ground to judge that the above rights are fictitious, then the court may prohibit the disposition of the rights by issuing a supplemental preservation order additionally upon the request of the prosecutor or ex officio.
(3) An order of preservation for confiscation or a supplemental preservation order shall include the name of the defendant, the name of offense, the summary of the facts constituting the offense charged, the provisions of the statutes which constitute the basis of the confiscation, the specification of property or rights of which disposition is prohibited, the name of the person to whom the property or the rights belong, date of issuance, and other matters prescribed by the Supreme Court Regulations, and a judge rendering judgment shall sign the order and affix his/her seal thereto.
(4) Where emergent measures are necessary, the presiding judge may dispose of the property under paragraph (1) or (2) or have a member of the collegiate court dispose of it.
(5) Preservation for confiscation of movables or immovables shall not hinder any seizure under the Criminal Procedure Act.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 34 (Order of Preservation before Institution of Public Prosecution)
(1) Where it is deemed necessary and a reasonable ground under Article 33 (1) or (2) exists, a prosecutor may obtain an order under paragraph (1) or (2) of the same Article by making a request to a judge of a district court even before the institution of public prosecution, and a judicial police officer may obtain an order by making a request to a prosecutor and upon the prosecutor’s request to a judge.
(2) When an order of preservation for confiscation or a supplement preservation order is issued, a judicial police officer shall immediately send the related documents to a prosecutor.
(3) The request under paragraph (1) shall be made to the judge of the district court or the branch office of the district court that exercises jurisdiction over the place where the district prosecutor’s office or the branch office of the district prosecutor’s office is located.
(4) A judge who receives a request under paragraph (1) shall have the same authority as the court or the presiding judge in regard to the preservation for confiscation.
(5) Where a prosecutor has instituted public prosecution after the issuance of an order of preservation for confiscation under paragraph (1), he/she shall notify the person who received the order (excluding the defendant) of the summary of the action: Provided, That where serving the notice is impossible because the whereabouts of the person is unknown or for other reasons, instead of serving the notice, the prosecutor shall publish the summary of such prosecution by posting it on the bulletin board of the relevant district prosecutor’s office or the branch office of the district prosecutor’s office for seven days.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 35 (Execution of Judgment of Preservation for Confiscation)
(1) A judgment of preservation for confiscation shall be executed under the prosecutor’s command.
(2) An order of preservation for confiscation under paragraph (1) may be executed even before the transcript of the order is served on the person who owns the property, the disposition of which is prohibited by the order.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 36 (Effect of Preservation for Confiscation)
Any disposition of the property which has been preserved for confiscation (hereinafter referred to as "property preserved for confiscation") after the preservation shall not be valid as it pertains to the confiscation: Provided, That this shall not apply to cases under the main sentence of Article 47 (1) (including cases where the provisions shall apply mutatis mutandis under Article 50 (4) and (5)) and to cases of a disposition which is carried out as the execution of the right of hypothecation that can be set up against an order of preservation for confiscation.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 37 (Preservation for Confiscation of Immovables)
(1) The preservation for confiscation of an immovable shall be carried out by an order of preservation for confiscation that prohibits any disposition of the immovable.
(2) A transcript of an order of preservation for confiscation referred to in paragraph (1) shall be served on the owner of the immovable.
(3) An order of preservation for confiscation of the immovable shall be executed by registering the order of the preservation for confiscation.
(4) A prosecutor shall entrust the registration referred to in paragraph (3).
(5) The preservation for confiscation of an immovable shall become effective when the order of preservation for confiscation is registered.
(6) Where an order of preservation for confiscation is registered after a temporary injunction for prohibition of disposition is registered to secure a right to demand the registration of an immovable, if the obligee of the injunction registers according to such right to demand the registration he/she intends to secure, any restriction on the disposition by the registration of the order of preservation for confiscation shall not affect the acquisition or extinction of rights by the registration of the temporary injunction.
(7) Articles 83 (2), 94 (2), and 95 of the Civil Procedure Act shall apply mutatis mutandis to preservation for confiscation of immovables. In such cases, the term "obligor" in Article 83 (2) of the same Act shall be read as "person who owns a property preserved for confiscation", the terms "paragraph (1)" in Article 94 (2) of the same Act and "Article 94" in Article 95 of the same Act as "Article 37 (4) of the Act on Special Cases concerning the Prevention of Illegal Trafficking in Narcotics, etc.", and the term "court" in Article 95 of the same Act as "prosecutor".
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 38 (Preservation for Confiscation of Vessels, etc.)
The preservation for confiscation of the goods, such as vessels which can be registered, airplanes registered under the Aviation Safety Act, automobiles registered under the Motor Vehicle Management Act, construction machinery registered under the Construction Machinery Management Act, and other goods, the transfer of rights to which requires registration or recording, shall be in the same manner as the preservation for confiscation of immovables. <Amended by Act No. 14116, Mar. 29, 2016>
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 39 (Preservation for Confiscation of Movables)
(1) The preservation for confiscation of a movable (referring to the items other than those provided for in Article 38; hereafter the same shall apply in this Article) shall be carried out by an order of preservation for confiscation which prohibits any disposition of the movable.
(2) The transcript of the order of preservation for confiscation referred to in paragraph (1) shall be served on the owner (and the possessor, if the possessor is a person other than the owner) of the movable.
(3) Where an order of preservation for confiscation is issued for a movable which has not been seized pursuant to the Criminal Procedure Act, a movable to which a custodian referred to Article 130 (1) of the same Act can be assigned, or a movable which can be placed under the custody of the owner or an appropriate person, a prosecutor shall attach a public notice or take measures to publish the objectives of the order by other proper methods.
(4) The preservation for confiscation of a movable shall become effective when the transcript of the order of preservation for confiscation is served on the owner.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 40 (Preservation for Confiscation of Claims)
(1) The preservation for confiscation of a claim shall be carried out by an order of preservation for confiscation that prohibits any disposition of the claim or the acceptance of performance by the obligee and that prohibits the obligee from paying to the obligor.
(2) The transcript of the order of preservation for confiscation as referred to in paragraph (1) shall be served on both the obligee and obligor.
(3) The preservation for confiscation of a claim shall become effective when the transcript of the order of preservation for confiscation is served on the obligor.
(4) An obligor of a claim for the payment of money (hereinafter referred to as "money claim") preserved for confiscation by an order of preservation for confiscation (hereinafter referred to as "third party obligor" in Articles 46 and 50) may deposit the amount corresponding to the amount of the money claim. In such cases, it shall be deemed that the preservation for confiscation has been executed on the obligee’s right to claim on deposit money payment.
(5) Article 228 of the Civil Execution Act shall apply mutatis mutandis to preservation for confiscation of claims. In such cases, the terms "seizure" and "creditor" in Article 228 (1) of the same Act shall be read as "preservation for confiscation" and "prosecutor", respectively, and the term "order of seizure" in paragraph (2) of the same Article shall be read as "order of preservation for confiscation".
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 41 (Preservation for Confiscation of Other Property Rights)
(1) The preservation for confiscation of property rights other than the property referred to in Articles 37 through 40 (hereinafter referred to as "other property rights" in this Article) shall be in the same manner as the preservation for confiscation of claims, except as otherwise provided for in this Article.
(2) Where there exists neither an obligor nor a similar person (except in cases under paragraph (3)), the preservation for confiscation shall become effective when the transcript of an order of preservation for confiscation is served on the owner of the other property rights.
(3) Articles 37 (3) through (6) of this Act and Articles 94 (2) and 95 of the Civil Execution Act shall apply mutatis mutandis in cases where registrations, etc. are required for the transfer of other property rights. In such cases, the terms "paragraph (1)" in Article 94 (2) of the Civil Procedure Act and "Article 94" in Article 95 of the same Act shall be read as "Article 37 (4) applicable mutatis mutandis pursuant to Article 41 (3) of the Act on Special Cases concerning the Prevention of Illegal Trafficking in Narcotics, etc.", and the term "court" in Article 95 of the same Act as "prosecutor".
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 42 (Cancellation of Order of Preservation for Confiscation)
(1) Where the reason or necessity for preservation for confiscation ceases to exist or where the period of preservation for confiscation has been unjustifiably extended, the court shall decide to cancel the order of preservation for confiscation upon the request by the prosecutor or by the owner of the property subject to the order (or his/her defense counsel if the owner is the defendant or suspect) or ex officio.
(2) When the court makes a decision under paragraph (1), except where it is made upon the request by a prosecutor, it shall consider the prosecutor’s opinion.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 43 (Expiration of Order of Preservation for Confiscation)
(1) An order of preservation for confiscation shall expire when a judgement without a sentence of confiscation (except in cases under subparagraph 2 of Article 327 of the Criminal Procedure Act) becomes final and conclusive.
(2) An order of preservation for confiscation shall expire when there is a judgement to dismiss a public prosecution under subparagraph 2 of Article 327 of the Criminal Procedure Act and no public prosecution concerning the case is instituted within 30 days after the judgment becomes final and conclusive.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 44 (Measures upon Expiration)
When an order of preservation for confiscation expires, a prosecutor shall commission the invalidation of the registrations and remove the public notice document and take other necessary measures without delay.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 45 (Limitation on Compulsory Execution Procedure for Property Preserved for Confiscation)
(1) Where a decision to commence compulsory sale by official auction is made after an order of preservation for confiscation has been already made on an immovable, ship, aircraft, vehicle, construction machinery, or other goods, the transfer of rights to which requires registration or recording as referred to in Article 38, or where a seizure by compulsory execution is made on a corporeal movable which already became an object of the preservation for confiscation, no conversion to cash by compulsory execution procedure shall be allowed until the order of preservation for confiscation expires.
(2) Where an order of seizure by compulsory execution is issued on a claim preserved for confiscation, the execution creditor shall not be paid for the part of the claim preserved by the order of preservation for confiscation until the order of preservation for confiscation expires.
(3) Paragraph (1) shall apply mutatis mutandis in cases where a claim seized by compulsory execution after an order of preservation for confiscation has been issued is difficult to collect because the claim is conditional or time-limited or is related to the counterperformances or because of other reasons.
(4) The compulsory execution on other property rights (referring to other property rights as referred to in Article 251 (1) of the Civil Execution Act) preserved for confiscation shall be in the same manner as the compulsory execution on claims preserved for confiscation.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 46 (Third Party Obligor’s Deposit)
(1) A third party obligor of a money claim may deposit the total amount of the money claim to the district court or the branch office of the district court having jurisdiction over the location where payment is due when he/she is served with an order of seizure by compulsory execution on the claim preserved for confiscation.
(2) The third party obligor shall report the reason for a deposit to the court that has issued the order of preservation for confiscation when he/she makes the deposit under paragraph (1).
(3) Where a deposit under paragraph (1) by a third party obligor is made, the execution court shall commence the distribution procedure for the amount corresponding to the amount preserved for confiscation when the order of preservation for confiscation expires and shall commence the distribution procedure for the remaining part of the money claim when the deposit is made.
(4) Paragraphs (1) and (2) shall apply mutatis mutandis in cases where an order of preservation for confiscation is issued for a money claim already seized by compulsory execution. In such cases, the term "court that has issued an order of preservation for confiscation" shall be read as "court that has issued a seizure order".
(5) In applying Article 247 of the Civil Execution Act to cases where a third party obligor makes a deposit under paragraph (1) (including cases where the provisions apply mutatis mutandis under paragraph (4)), "Article 248 (4)" in Article 247 (1) 1 of the same Act shall be read as "Article 46 (2) of the Act on Special Cases concerning the Prevention of Illegal Trafficking in Narcotics, etc. (including cases where the provisions apply mutatis mutandis under paragraph (4) of the same Article)".
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 47 (Limitation on Confiscation of Property Subject to Compulsory Execution)
(1) There shall be no trial for confiscation of property on which a decision to commence an official auction by compulsory execution has been already made or which has already been seized by compulsory execution before the property is preserved for confiscation: Provided, That this shall not apply to any of the following subparagraphs:
1. Where an execution creditor’s claim is found to be a fictitious one;
2. Where an execution creditor applies for a compulsory execution knowing a property to be subject to confiscation;
3. Where an execution creditor is the offender.
(2) Where any surface rights, mortgage, or other rights which exist on a property subject to confiscation and the disposition of which is prohibited by a court’s supplemental preservation order are seized by a decision to commence a compulsory sale by official auction or by compulsory execution, before the prohibition of disposition is ordered, the court shall declare the continuance of the rights to the property when it confiscates the property and shall declare the purport simultaneously with its decision to confiscate property: Provided, That this shall not apply to any of the following subparagraphs:
1. Where an execution creditor’s claim is found to be a fictitious one;
2. Where an execution creditor applies for a compulsory execution knowing that his/her right shall be extinguished by confiscation;
3. Where an execution creditor is the offender.
(3) Where an order of preservation for confiscation is issued on a property which has already been seized by a decision to commence a compulsory sale by official auction or by compulsory execution, there shall be no trial for confiscation of the property unless the execution creditor (excluding any execution creditor who is a defendant) is permitted to intervene the relevant criminal procedure. The same shall also apply to the confiscation of property under paragraph (2).
(4) Special provisions concerning application for intervention by a third party, etc. in Chapter 5 shall apply mutatis mutandis to the confiscation procedure under paragraph (3).
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 48 (Suspension of Compulsory Execution)
(1) Where a court issues an order of preservation for confiscation or intends to issue such order on a property which has already been seized by a decision to commence a compulsory sale by official auction or by compulsory execution, the court may make a decision to order a suspension of the compulsory execution upon a prosecutor’s request or ex officio when it has a reasonable ground to judge that reasons under the proviso to Article 47 (1) exist.
(2) When a prosecutor submits the transcript of the decision as referred to in paragraph (1), the execution court shall suspend the compulsory execution. In such cases, when the provisions of the Civil Execution Act apply, it shall be deemed that a document under subparagraph 2 of Article 49 of the same Act is submitted.
(3) When a preservation for confiscation expires, when the reasons referred to in paragraph (1) cease to exist, or when a period of suspension of the compulsory execution is unjustifiably extended, a court shall cancel a decision made under paragraph (1) upon a prosecutor’s or an execution creditor’s request or ex officio.
(4) In cases under paragraph (3), Article 42 (2) shall apply mutatis mutandis.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 49 (Coordination with Auction Procedure for Enforcement of Right of Hypothecation)
(1) Where the right of hypothecation on a property preserved for confiscation is established after an order of preservation for confiscation is made or where its disposition is prohibited by a supplemental preservation order, the right of hypothecation (excluding seizure) shall not be exercised unless the prohibition of disposition by either the order of preservation for confiscation or the supplemental preservation order expires.
(2) Where a supplemental preservation order on the right of hypothecation is issued after the official auction procedure to exercise the right has already commenced, if the prosecutor submits the transcript of the supplemental preservation order, the execution court shall suspend the official auction procedure. In such cases, when the provisions of the Civil Execution Act apply, it shall be deemed that a document under the provisions of Article 266 (1) 5 of the same Act (including cases where the provisions apply mutatis mutandis under Articles 269 and 272 of the same Act) is submitted.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 50 (Coordination with Other Procedures)
(1) Article 45 shall apply mutatis mutandis to the limitation on the procedures in any of the following subparagraphs: <Amended by Act No. 10219, Mar. 31, 2010; Act No. 14476, Dec. 27, 2016>
1. Where property preserved for confiscation is seized for the collection of delinquent taxes (referring to various collection procedures under the provisions of the National Tax Collection Act and the Local Tax Collection Act; hereinafter the same shall apply);
2. Where an adjudication of bankruptcy or a decision to commence the composition (hereafter in this Article referred to as "adjudication of bankruptcy, etc.") is made on a person who owns property preserved for confiscation;
3. Where a decision to commence a reorganization procedure is made on a company which owns property preserved for confiscation.
(2) Article 46 shall apply mutatis mutandis to a deposit by a third party obligor in cases falling under any of the following subparagraphs:
1. Where a seizure for the collection of delinquent taxes is made upon a money claim preserved for confiscation;
2. Where a money claim for which a seizure has been made for the collection of delinquent taxes is preserved for confiscation.
(3) Article 46 (1) and (2) shall apply mutatis mutandis to a deposit by a third party obligor in cases falling under any of the following subparagraphs:
1. Where a provisional seizure is made for a money claim preserved for confiscation;
2. Where a money claim for which a provisional seizure has been made is preserved for confiscation;
(4) Article 47 shall apply mutatis mutandis to the limitation on the confiscation of property in cases falling under any of the following subparagraphs:
1. Where there is a provisional seizure of property before it is preserved for confiscation;
2. Where there is a provisional seizure of any surface rights, mortgage, or other rights on a property subject to confiscation before the prohibition to dispose thereof is made by a supplemental preservation order.
(5) The main sentence of Article 47 (1) shall apply mutatis mutandis to the limitation on the confiscation of property in cases falling under any of the following subparagraphs:
1. Where a property subject to preservation for confiscation is seized for the collection of delinquent taxes before the property is preserved for confiscation;
2. Where an adjudication of bankruptcy, etc. is made on a person who owns a property subject to preservation for confiscation before the property is preserved for confiscation;
3. Where a decision to commence a reorganization procedure is made on a company which owns a property subject to preservation for confiscation before the property is preserved for confiscation.
(6) In connection with any surface rights, mortgage, or other rights on a property subject to confiscation, the disposition of which is prohibited by a supplemental preservation order, the main sentence of Article 47 (2) shall apply mutatis mutandis to the limitation on the confiscation of the property in cases falling under any of the following subparagraphs:
1. Where the rights are seized for the collection of delinquent taxes before the disposition of the rights is prohibited;
2. Where an adjudication of bankruptcy, etc. is made on a person who owns the rights before the disposition of the rights is prohibited;
3. Where a decision to commence a reorganization procedure is made on a company which owns the rights before the disposition of the rights is prohibited.
(7) Article 48 shall apply mutatis mutandis to the suspension of compulsory execution in cases where an order of preservation for confiscation is already issued or is going to be issued.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 51 (Effect, etc. of Supplemental Preservation Order)
(1) The supplemental preservation order is effective only during the effective period of the preservation for confiscation.
(2) The provisions on the preservation for confiscation shall apply mutatis mutandis to the prohibition of disposition by a supplemental preservation order, except as otherwise provided for in this Act.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
SECTION 2 Preservation for Collection
 Article 52 (Order of Preservation for Collection)
(1) Where a court deems that there is a reasonable ground to believe that a collection under Article 16 is necessary in connection with a criminal case against a defendant involved in a narcotics crime and deems that there is a concern that it will be unable to execute the judgement of collection or that the execution might be very difficult, the court may prohibit the defendant from disposing of his/her property by issuing an order of preservation for collection upon the prosecutor’s request or ex officio.
(2) An order of preservation for collection shall be issued upon a specific property after fixing a specific amount that is deemed reasonable to preserve for the execution of a judgment of collection (hereinafter referred to as "amount preserved for collection"): Provided, That in cases of corporeal movables, property may be unspecified.
(3) An order of preservation for collection shall specify the amount for the defendant to deposit to suspend the execution of the order of preservation for collection or to cancel the execution (hereinafter referred to as "amount for release from the preservation for collection").
(4) An order of preservation for collection shall include the name of the defendant, the name of the offense, the summary of the facts constituting the offense charged, the provisions of the statutes which constitute the basis of the collection, the amount preserved for collection, the specification of property, the disposition of which is prohibited, the amount for release from the preservation for collection, the date of issuance, and other matters provided by the Supreme Court Regulations, and the judge rendering judgement shall sign the order and affix his/her seal thereto.
(5) Article 33 (4) shall apply mutatis mutandis to the preservation for collection.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 53 (Order of Preservation for Collection before Institution of Public Prosecution)
(1) When a prosecutor deems that there exist grounds and necessity for a preservation for collection as provided for in Article 52 (1), he/she may obtain an order provided for in the same paragraph by making a request to a judge of a district court even before the institution of public prosecution.
(2) Article 34 (3) and (4) shall apply mutatis mutandis to the preservation for collection under paragraph (1).
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 54 (Execution of Order of Preservation for Collection)
(1) An order of preservation for collection shall be executed by an order of a prosecutor. In such cases, the prosecutor’s order shall have the same effectiveness as the provisional seizure order set forth in the Civil Execution Act.
(2) An order of preservation for collection may be executed even before the transcript of the order is served on the defendant or the suspect.
(3) Except as otherwise provided for in this Act, the Civil Execution Act and other statutes regarding the procedure on the execution of a provisional seizure shall apply mutatis mutandis to an order of preservation for collection. In such cases, the court corresponding to the prosecutor’s office to which the prosecutor, who issued the order under paragraph (1), belongs shall have jurisdiction over the enforcement of the provisional seizure the jurisdiction over which belongs to the court which issued the provisional seizure order under Acts and subordinate statutes.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 55 (Deposit by Obligor of Money Claim)
The obligor of a money claim which is preserved for collection by an order of preservation for collection may deposit an amount equivalent to the amount of the money claim. In such cases, it shall be deemed that an order of preservation for collection has been executed on the obligee’s right to claim payment of deposit money.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 56 (Deposit of Amount for Release from Preservation for Collection and Execution of Judgement of Collection)
(1) When a judgment of collection becomes final and conclusive or when a judgement of provisional payment is declared after an amount for release from the preservation for collection has been deposited, it shall be deemed that the collection or the provisional payment has been executed to the extent of the deposited amount.
(2) When a decision to make collection is made and the deposited amount for release from the preservation for collection exceeds the collectible amount, the balance shall be refunded to the defendant by the court.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 57 (Cancellation of Order of Preservation for Collection)
Where any reason or necessity for the preservation for collection ceases to exist or where a period of the preservation for collection is unjustifiably extended, the court shall cancel the order of preservation for collection upon the request by prosecutor, the defendant or suspect, or his/her defense counsel or ex officio. In such cases, Article 42 (2) shall apply mutatis mutandis.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 58 (Expiration of Order of Preservation for Collection)
(1) An order of preservation for collection shall expire when a judgement without a decision to make collection (except in cases under subparagraph 2 of Article 327 of the Criminal Procedure Act) becomes final and conclusive.
(2) Article 43 (2) shall apply mutatis mutandis to the effectiveness of an order of preservation for collection in cases where there is a judgement of dismissal of public prosecution under subparagraph 2 of Article 327 of the Criminal Procedure Act.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 59 (Measures when Order of Preservation for Collection Expires)
Where an order of preservation for collection expires or where an amount for release from the preservation for collection is deposited, a prosecutor shall immediately cancel any order he/she made under Article 54 (1), while taking necessary measures to suspend or cancel the execution of the preservation for collection according to the order of the preservation for collection.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
SECTION 3 Supplementary Provisions
 Article 60 (Service)
Statutes on civil procedure shall apply mutatis mutandis, except as otherwise provided by the Supreme Court Regulations, to the service of documents concerning the preservation for confiscation or collection (excluding the execution of the preservation for collection according to an order of preservation for collection; hereinafter the same shall apply in this Chapter). In such cases, the period before the effective time of service by publication under Article 194 (1) of the Civil Procedure Act shall be seven days, notwithstanding Article 196 (1) (main sentence) and (2) of the same Act.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 61 (Disposition, etc. during Appeal Period)
If a disposition in regard to the preservation for confiscation or collection is required for a case from which an appeal has not yet been made during the period for appeal or which has been appealed but the record of which has not yet arrived at the appellate court, the court of original instance shall make the disposition.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 62 (Filing Objection)
(1) A person may appeal a court’s decision in regard to the preservation for confiscation or collection.
(2) A person who is dissatisfied with a court’s decision concerning the preservation for confiscation or collection may request cancellation or modification thereof to the court to which the judge who made the decision belongs.
(3) The procedural provisions regarding appeal for the cancellation or modification of a decision made under Article 416 (1) of the Criminal Procedure Act shall apply mutatis mutandis to the procedure of filing an objection under paragraph (2).
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 63 (Application Mutatis Mutandis)
Except as otherwise provided by this Act, the Criminal Procedure Act shall apply mutatis mutandis to the procedure for the preservation for confiscation or collection.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
CHAPTER VII INTERNATIONAL COOPERATION PROCEDURES CONCERNING EXECUTION OF JUDGEMENT OF CONFISCATION OR COLLECTION AND PRESERVATION OF PROPERTY
 Article 64 (Providing Cooperation)
(1) Where a foreign country requests cooperation concerning a foreign criminal case against an act that falls under narcotics crimes in the execution of a final and conclusive judgement of confiscation or collection or in the preservation of a property for confiscation or collection purposes under a treaty, cooperation may be provided in response to the request except as provided for in the following subparagraphs:
1. Where it is deemed impossible to penalize a cooperation crime (referring to a crime that is the object of a request for cooperation; hereinafter the same shall apply) under the statutes of the Republic of Korea;
2. Where a trial on a case regarding a cooperation crime is in progress in a court of the Republic of Korea or a judgement thereon has already become final and conclusive or where an order of preservation for confiscation or collection has already been issued for a property subject to the cooperation;
3. Where a property relating to a request for cooperation in the execution of a final and conclusive judgement of confiscation or for cooperation in the preservation of property for confiscation purposes does not falls under the category of property that may be brought to a confiscation trial or become subject to the preservation for confiscation under the statutes of the Republic of Korea;
4. Where it is deemed impossible to make a judgment of collection or to preserve property for collection under the statutes of the Republic of Korea, in regard to a cooperation crime related to a request for cooperation in the execution of a final and conclusive judgement of collection or for cooperation in the preservation of property for collection purposes;
5. Where it is deemed that a third party who has a reasonable ground to be recognized as the owner of the property related to a request for cooperation in the execution of a final and conclusive judgement of confiscation or has any surface rights, mortgage, or other rights over the property was unable to claim such right at the relevant trial through no fault of such third party;
6. Where it is deemed that no grounds exist under Article 33 (1) or 52 (1) for cooperation in the preservation of property for confiscation or collection purposes: Provided, That this shall not apply if a request for cooperation in the preservation of property is based on a judgement executed by a court or judge of the foreign country making the request for the preservation of property for confiscation or collection purposes or if a request is made after a judgement of confiscation or collection becomes final and conclusive.
(2) When a property on which surface rights, mortgage, or other rights exist is confiscated for the cooperation of the execution of a final and conclusive judgement of confiscation, if necessary under the statutes of the Republic of Korea, such rights shall continue to exist.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 65 (Confiscation Deemed Collection)
(1) Where a request for cooperation is made regarding the execution of a final and conclusive judgement to confiscate, in lieu of illegal property, a property which is owned by a person who has been sentenced to such judgement and the value of which is equal to that of the illegal property, such final and conclusive judgement shall be deemed a final and conclusive judgement to collect an amount equivalent to the value of the property from the person as far as the cooperation is provided under this Act.
(2) Paragraph (1) shall apply mutatis mutandis to requests for cooperation in the preservation of property which is not illegal property and the value of which is equivalent to the value of illegal property for the purpose of confiscating such property in lieu of the illegal property.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 66 (Receipt of Request)
A request for cooperation shall be received by the Minister of Foreign Affairs: Provided, That in cases of emergency or special circumstances, the Minister of Justice may receive a request for cooperation with the consent of the Minister of Foreign Affairs. <Amended by Act No. 11690, Mar. 24, 2013>
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 67 (Review by Court)
(1) Where a request for cooperation concerns the execution of a final and conclusive judgement of confiscation or collection, a prosecutor shall request a court to review whether it is a case which allows cooperation.
(2) The court shall dismiss the prosecutor’s request after review thereof where it deems the request for review to be unlawful, shall decide to allow a whole or partial cooperation where it deems the cooperation to be acceptable in all or in part of the final and conclusive judgement for which cooperation is requested, or shall decide to refuse to cooperate where it deems the request for cooperation to be totally unacceptable.
(3) Where the court decides to allow cooperation upon the request for cooperation in the execution of a final and conclusive judgement of confiscation, if there exist rights which are due to continue to exist under Article 64 (2), the court shall decide to maintain those rights as well.
(4) Where the court decides to allow cooperation upon the request for cooperation in the execution of a final and conclusive judgement of collection, the court shall indicate the amount to be collected in Korean won as well.
(5) In conducting its review pursuant to paragraph (1), the court may not review whether the final and conclusive judgement regarding the request for cooperation is properly made.
(6) Where the court conducts its review pursuant to paragraph (1), the court shall not decide to allow cooperation unless the court permits those who fall under any of the following subparagraphs (hereinafter referred to as the "interested person") to intervene the proceedings for the request for review:
1. An owner of a property related to a request for review or a person who may be recognized with reasonable ground as having surface rights, mortgage, or other rights on the property in cases of the cooperation in the execution of a final and conclusive judgement of confiscation, or an execution creditor or a creditor who has made a provisional seizure in cases where such property or rights are seized or provisionally seized by a decision to commence a compulsory sale by official auction or compulsory execution before they are subject to the preservation for confiscation;
2. A person who received a final and conclusive judgment of collection in cases of the cooperation in the execution of a final and conclusive judgement for collection.
(7) When making a decision on a request for review, the court shall consider opinions of the prosecutor and those who are allowed to intervene the proceedings for the request for review (hereinafter referred to as the "cooperation review intervenor").
(8) Where a cooperation review intervenor intends to state his/her opinion verbally or where a court examines witnesses or experts, the court shall fix a hearing date and give the cooperation review intervenor an opportunity to attend the hearing. In such cases, if a cooperation review intervenor has an attorney-in-fact attend the hearing because the cooperation review intervenor is unable to attend the hearing or if the court allows the cooperation review intervenor to make a statement in writing, the cooperation review intervenor shall be deemed to have been given an opportunity to attend.
(9) The prosecutor may attend the proceedings of the hearing under paragraph (8).
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 68 (Appeal)
(1) A prosecutor and a cooperation review intervenor may appeal a decision regarding a request for review.
(2) The period for which the appeal must be made under paragraph (1) shall be 14 days.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 69 (Effect of Decision)
Where a decision to allow cooperation in the execution of a final and conclusive judgement of confiscation or collection becomes final and conclusive, such judgment of confiscation or collection shall be deemed a final and conclusive judgement of confiscation or collection made by the court of the Republic of Korea in the provision of cooperation.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 70 (Cancellation of Decision)
(1) Where a decision to allow cooperation in the execution of a final and conclusive judgement of confiscation or collection becomes final and conclusive, if the final and conclusive judgement of confiscation or collection is cancelled or is no longer effective, the court shall make a decision to cancel the decision to allow cooperation upon the request of the prosecutor or an interested person.
(2) Where the decision to cancel the judgement under paragraph (1) becomes final and conclusive, a compensation shall be made in the same manner as the compensation due to the execution of confiscation or collection under the Act on Criminal Compensation and the Restoration of Honor. <Amended by Act No. 10698, May 23, 2011>
(3) Article 68 shall apply mutatis mutandis to the decision upon request pursuant to paragraph (1).
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 71 (Request for Preservation for Confiscation)
(1) Where a request for cooperation concerns the preservation for confiscation, a prosecutor shall request a judge to issue an order of preservation for confiscation. In such cases, the prosecutor may request a supplemental preservation order if deemed necessary.
(2) After a prosecutor requests a review pursuant to Article 67 (1), any action regarding the preservation for confiscation shall be taken by the court which receives the request.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 72 (Request for Preservation for Collection)
(1) Where a request for cooperation concerns the preservation for collection, a prosecutor shall request a judge to issue an order of preservation for collection.
(2) Article 71 (2) shall apply mutatis mutandis to any action regarding the preservation for collection.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 73 (Period of Preservation before Institution of Public Prosecution)
(1) Where a request for cooperation in the preservation of property for confiscation or collection relates to a case against which no public prosecution has yet been instituted, an order of preservation for confiscation or collection shall expire when 45 days have passed from the date of issuance of the order without a notice from the country requesting cooperation which indicates that a public prosecution is instituted against the case.
(2) Where there is a notice from the country requesting cooperation that it is impossible to institute a public prosecution within the period under paragraph (1) for unavoidable grounds, a judge may renew the preservation for a period not exceeding 30 days upon the prosecutor’s request. The same shall also apply in cases where there is a notice that it is impossible to institute a public prosecution within the renewed period for unavoidable grounds.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 74 (Cancellation of Proceedings)
(1) Where there is a notice of withdrawal of the request for cooperation, a prosecutor shall immediately cancel the request for review, request for preservation for confiscation, or request for preservation for collection or shall request the cancellation of an order of preservation for confiscation or collection.
(2) A court or a judge shall immediately cancel an order of preservation for confiscation or collection when requested under paragraph (1).
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 75 (Investigation of Facts)
Where it is deemed necessary to take a measure relating to any review or the preservation for confiscation or collection under this Chapter, a court or a judge may conduct an investigation of facts. In such cases, the court or the judge may examine a witness or make verification or may order appraisal, interpretation, or translation.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 76 (Disposition by prosecutor)
(1) If deemed necessary for reviewing a request for the preservation for confiscation or collection, or for the execution of an order of preservation for confiscation or collection under this Chapter, a prosecutor may demand an interested person to appear and make a statement, obtain appraisal, interpretation, or translation, investigate facts, demand the owner, possessor, or holder of papers or other matters to submit them, or demand a public agency or other organizations to ascertain facts or to report on necessary matters.
(2) If deemed necessary for reviewing a request for the preservation for confiscation or collection, or for the execution of an order of preservation for confiscation or collection under this Chapter, a prosecutor may conduct seizure, search, or verification pursuant to a warrant issued upon the prosecutor’s request by a judge of a district court.
(3) A prosecutor may order a judicial police officer to take a measure under paragraphs (1) and (2).
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 77 (Competent Court)
A request for review, for the preservation for confiscation or collection, or for the issuance of a warrant under this Chapter shall be made by a prosecutor to the district court which exercises jurisdiction over the site of the prosecutor’s office to which the prosecutor making the request belongs or to a branch office of such district court or a judge of such district court or of its branch office.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
 Article 78 (Application Mutatis Mutandis)
Chapters IV through VI of this Act, the Criminal Procedure Act, and the Criminal Procedure Costs Act shall apply mutatis mutandis to a review, measure, or issuance of warrant by a court or judge, a measure taken by a judicial police officer, etc., or the intervention by an interested person, except as otherwise provided for in this Chapter, and the Act on International Judicial Mutual Assistance in Criminal Matters and the Extradition Act shall apply mutatis mutandis to measures taken in cases where a request for cooperation is accepted, within the scope which does not contradict the nature of the respective Acts.
[This Article Wholly Amended by Act No. 9809, Nov. 2, 2009]
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Acts of Concealment and Acceptance of Illegal Profits, etc.) Articles 7 and 8 shall also apply to the acts related to the property or money that falls under any of the following subparagraphs committed even after this Act enters into force;
1. Property acquired by a criminal act which would fall under narcotics crimes if committed after this Act enters into force (hereafter "criminal act in a narcotics crime" in this paragraph) but which is an act committed before this Act enters into force and which constitutes a violation of the Narcotics Act, the Psychotropic Drugs Control Act, or the Cannabis Control Act (including offenses falling under Article 11 of the Act on the Aggravated Punishment, etc. of Specific Crimes) (including criminal acts committed outside the Republic of Korea which would constitute the above offenses if committed in the Republic of Korea);
2. Property acquired as payment for a criminal act in a narcotics crime;
3. Money acquired by an act (including a criminal act committed outside the Republic of Korea which would constitute any of the above offenses if committed in the Republic of Korea) committed before this Act enters into force that constitutes an offense under Article 62 (1) 2 (including a criminal attempt) of the Narcotics Act, Article 43 (1) 2 of the Psychotropic Drugs Control Act, or Article 20 (1) 4 of the Cannabis Control Act (including criminal attempts).
(3) (Transitional Measures concerning Preservation for Confiscation or Collection) The provisions of Chapter 6 shall also apply to the preservation for confiscation or collection of property or money as stipulated in paragraph (2) pursuant to statutes. In such cases, "Article 16" referred to in Article 52 shall be read as "proviso to Article 70 of the Narcotics Act, the proviso to Article 47 (1) of the Psychotropic Drugs Control Act, or the proviso to Article 23 (1) of the Cannabis Control Act".
(4) (Transitional Measures concerning International Cooperation) The provisions of Chapter 7 shall also apply to any request for cooperation made by a foreign country concerning a crime committed before this Act enters into force which would constitute a narcotics crime if committed after this Act enters into force.
ADDENDA <Act No. 5493, Dec. 31, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 6082, Dec. 31, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 6146, Jan. 12, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2000.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 6305, Dec. 29, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2001.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 6626, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 6627, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9809, Nov. 2, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 9834, Dec. 29, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 12 Omitted.
ADDENDUM <Act No. 10644, May 19, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10698, May 23, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 10786, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10854, Jul. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14116, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 55 Omitted.
ADDENDA <Act No. 14476, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.