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ACT ON SPECIAL CASES CONCERNING THE CONFISCATION OF ILLEGAL POLITICAL FUNDS, ETC.

Act No. 7652, Aug. 4, 2005

Amended by Act No. 10219, Mar. 31, 2010

Act No. 10698, May 23, 2011

Act No. 14116, Mar. 29, 2016

Act No. 14476, Dec. 27, 2016

Act No. 14968, Oct. 31, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to fundamentally prevent the creation of illegal political funds, etc. and to enhance the transparency of political funds by prescribing special cases concerning confiscation of illegal political funds, etc.
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 14968, Oct. 31, 2017>
1. The term "illegal political funds, etc." means property derived from illegal conduct falling under any of the following crimes (where the relevant crime and another crime are related in the manner prescribed in Article 40 of the Criminal Act, the latter shall be included):
(a) Crimes falling under Article 45 of the Political Funds Act;
2. The term "property derived from illegal political funds" means property accumulated by transformation of or increase in illegal political funds, etc., such as property acquired as fruit of illegal political funds, etc., property acquired in consideration for illegal political funds, etc., property acquired in consideration for such property, etc. (where illegal political funds, etc. are transformed or increased by being combined with property not related thereto, only part of the property that results from illegal political funds, etc. shall be applicable);
3. The term "unlawful property" means illegal political funds, etc. and property derived from illegal political funds, etc.
CHAPTER II SPECIAL CASES CONCERNING EXTENT OF AND REQUIREMENTS FOR CONFISCATION
 Article 3 (Confiscation of Unlawful Property)
(1) Unlawful property shall be confiscated.
(2) Notwithstanding paragraph (1), any property that should be confiscated pursuant to paragraph (1) may not be confiscated if it is deemed inappropriate to be confiscated in consideration of the nature of the property, the conditions of the use thereof, whether a person other than an offender has a right to it, and other relevant circumstances.
 Article 4 (Methods for Confiscating Property with Which Unlawful Property is Combined)
Where unlawful property is combined with other property and the unlawful property should be confiscated under Article 3 (1), only the proportion of the unlawful property shall be confiscated out of the whole property which is a combination of the unlawful and other property (hereinafter referred to as "mixed property").
 Article 5 (Requirements for Confiscation, etc.)
(1) Confiscation prescribed in Article 3 shall be limited to cases where unlawful property or mixed property is not returned to a person other than an offender: Provided, That, where a person other than an offender has acquired such unlawful property or mixed property even though he/she knew circumstances of the relevant crime after it was committed, such unlawful property or mixed property may be confiscated even if it has become vested in a person other than an offender.
(2) Where property encumbered by superficies, mortgage or other rights is to be confiscated pursuant to Article 3, if a person other than an offender has acquired such right before the relevant crime was committed or where a person other than an offender has acquired such right without knowing circumstances of the relevant crime after it was committed, the relevant right shall remain in existence.
(3) In applying the proviso to paragraph (1), where a person other than an offender is a political party and if the representative of the political party or its accounting manager or accounting assistant knew circumstances of the relevant crime, such political party shall be deemed to have known them.
 Article 6 (Collection)
Where it is impossible to confiscate unlawful property or the confiscation is waived pursuant to Article 3 (2), an amount equivalent to its value shall be collected from the offender.
 Article 7 (Verification of Unlawful Property)
Where the value of property which an offender has acquired after committing a crime prescribed in subparagraph 1 of Article 2 is remarkably high in light of his/her property management conditions or conditions of receipt of money paid pursuant to statutes at the time of acquiring such property, and if it is considerably probable that such acquired property has been accumulated from illegal political funds, etc. in light of all the circumstances, such as the amount of illegal political funds, etc., the time of acquiring the property, etc., it may be recognized that the illegal political funds, etc. have been used in acquiring the relevant property.
CHAPTER III SPECIAL CASES ON PROCEDURES, ETC. FOR CONFISCATION
 Article 8 (Continuance, etc. of Rights of Third Parties)
Where a court decides to confiscate property encumbered by superficies, mortgage, or other rights and declares the continued existence of such rights under Article 5 (2), the court shall not only order the confiscation but also declare the purport of the declaration of the continued existence of the rights.
 Article 9 (Disposition of Confiscated Property, etc.)
(1) A prosecutor shall dispose of property confiscated.
(2) Where a judgment to confiscate a claim becomes final and conclusive, a prosecutor shall notify the obligor of such claim of the purport of such judgment by sending an abridged transcript of the judgment of confiscation to the obligor.
 Article 10 (Registration, etc. according to Judgment on Confiscation)
Where a person transfers a right and entrusts the relevant agency with registration, etc. of the transfer thereof, etc. according to a decision confiscating property that requires registration or registry (hereinafter referred to as "registration, etc."), such person shall be deemed to have entrusted the cancellation of the relevant registration, etc. as well in any of the following cases: when there is registration, etc. related to restrictions on disposition that has lost effect by means of confiscation; when there is registration, etc. related to the acquisition of a right that has been extinguished by means of confiscation; or when there is registration, etc. related to a preservation order for confiscation or a supplemental preservation order pursuant to Chapter V Section 1 regarding such confiscation.
 Article 11 (Special Cases on Criminal Compensation)
Article 5 (6) of the Act on Criminal Compensation and Restoration of Impaired Reputation shall apply to the details of compensation made under the same Act regarding the execution of confiscation of a claim, etc. <Amended by Act No. 10698, May 23, 2011>
CHAPTER IV SPECIAL CASES ON PROCEDURES FOR PARTICIPATION, ETC. OF THIRD PARTY
 Article 12 (Notice)
(1) Where a prosecutor institutes public prosecution, if it is deemed necessary to confiscate property that belongs to a person other than a defendant (including a political party, supporters' association, corporation or organization that has become a co-defendant pursuant to Article 50 of the Political Funds Act) or property encumbered by superficies, mortgage, or other rights of such person 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"): Provided, That, in cases of the political party, supporters' association, corporation or organization that has become a co-defendant pursuant to Article 50 of the Political Funds Act, notification on matters falling under subparagraph 1, 2 or 7 may be omitted:
1. The court in which the criminal case against the defendant is pending;
2. The name of the criminal case against the defendant and the name of the defendant;
3. The name of a property item subject to confiscation and the quantity thereof, and other matters that may define such property;
4. The abstract of facts that serve as a ground for confiscation;
5. The purport that the relevant person may apply to intervene in the proceedings of the criminal case against the defendant;
6. The period for applying for intervention;
7. The trial date, if the trial date of the criminal case against the defendant has been determined.
(2) Where a prosecutor is unable to provide notice referred to in paragraph (1) because he/she is unable to ascertain the whereabouts of a third party or for other reasons, he/she shall publish matters prescribed in the subparagraphs of paragraph (1) in an official gazette or a daily newspaper and post public announcement thereon on the bulletin board of the Public Prosecutors' Office for 14 days.
(3) Where a prosecutor has provided notice or made public announcement pursuant to paragraph (1) or (2), he/she shall submit a document verifying it to the court.
 Article 13 (Intervention Procedure)
(1) Any third party whose property is likely to be confiscated may apply for intervention in any criminal case proceedings against a defendant in writing to the court in which the criminal case against the defendant is pending until a trial of first instance commences (or, in cases of a trial by summary proceedings, until the deadline for requesting a formal trial expires, or if a request for a formal trial is made in such cases, until a trial of first instance according to the ordinary trial procedure commences; hereinafter the same shall apply): Provided, That, where notice is provided or public announcement is made pursuant to Article 12 (1) or (2), the third party may apply for intervention within 14 days from the date of such notice or pubic announcement.
(2) Where a court identified in the notice or public announcement provided or made by a prosecutor pursuant to Article 12 (1) or (2) has transferred the criminal case against the relevant defendant to another court, and if a third party has filed an application for intervention with the court identified in the notice or public announcement, such court in receipt of the application shall send the relevant written application to the court to which the criminal case against the relevant defendant has been transferred. In such cases, where the written application has been sent, the application for intervention shall be deemed to have initially been filed with the court to which the criminal case against the defendant has been transferred.
(3) The court shall dismiss any application for intervention if the application is found to be in violation of a proper method prescribed in statutes; if the application is filed after the period prescribed in paragraph (1) has elapsed; or if it is evident that property that should be confiscated or superficies, mortgage or other rights existing on property that should be confiscated do not belong to the applicant: Provided, That, where it is deemed that the applicant is not responsible for failing to apply for intervention within the time period prescribed in the proviso to paragraph (1), the intervention may be permitted until a trial of the first instance commences.
(4) The court shall permit an application for intervention except in cases provided for in paragraph (3): Provided, That an application for intervention may be dismissed when the prosecutor’s opinion that the confiscation is impossible or unnecessary is deemed reasonable.
(5) Where a court permits intervention, but it later becomes evident that the property to be confiscated or superficies, mortgage, or other rights on the property to be confiscated do not belong to the person permitted to intervene (hereinafter referred to as "intervenor"), the court shall annul the decision to permit the intervention; and, if the court deems that the prosecutor’s opinion that the confiscation is impossible or unnecessary is reasonable, the court may annul the decision to permit intervention.
(6) The court shall make a decision on intervention after hearing opinions of the prosecutor, the applicant for intervention, the intervenor, or the defendant or his/her attorney-at-law.
(7) A prosecutor, or an applicant for intervention or an intervenor may make an immediate appeal against a decision dismissing an application for intervention or a decision that has annulled judgment that permitted intervention.
(8) An applicant shall withdraw his/her application for intervention in writing: Provided, That he/she may withdraw his/her application orally on the trial date.
 Article 14 (Rights of Intervenors)
(1) An intervenor has the same litigant rights concerning confiscation as the defendant, except as otherwise expressively provided in this Act.
(2) Paragraph (1) shall not hinder the examination of the intervenor as a witness.
 Article 15 (Appearance of Intervenors, 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 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 inquiry on the trial date 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.
 Article 16 (Evidence)
(1) The intervention of an intervenor shall not affect the application of Articles 310-2 through 318-3 of the Criminal Procedure Act.
(2) Where the court has investigated a document or statement that may be used as evidence pursuant to Article 318 of the Criminal Procedure Act and the main sentence of Article 318-3 of the same Act, when an intervenor requests that the court investigate a person as a witness who has made a statement that has become the contents of such a document or statement, it shall investigate him/her if it deems it necessary to protect the rights of the intervenor. The foregoing shall also apply when the intervenor requests reinvestigation of a witness who was investigated before he/she has intervened.
 Article 17 (Restrictions on Decision on Confiscation)
Where a third party has failed to obtain permission for intervention, the court shall not hold a trial for confiscation except in any of the following cases:
1. Where 14 days have elapsed from the date on which the notice or public announcement was made pursuant to Article 12 (1) or (2): Provided, That any of the following cases shall be excluded herefrom: When the application for intervention has been dismissed due to the reason that the property to be confiscated or superficies, mortgage, or other rights on the property to be confiscated obviously do not belong to the intervenor or the applicant for intervention; when the application for intervention has been dismissed according to the prosecutor’s opinion that the confiscation is impossible or unnecessary; or when the court annuls a decision to permit participation;
2. Where the court dismisses the application for intervention on the ground that it is in violation of the proper method prescribed in statutes;
3. Where the applicant withdraws the application for intervention.
 Article 18 (Appeals)
(1) The intervenor in the original court shall not lose the status as 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 referred to in paragraph (2), the defendant may choose not to appear on the trial date 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.
 Article 19 (Attorneys-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 him/her 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.
 Article 20 (Application Mutatis Mutandis of the Criminal Procedure Act)
(1) Articles 26 through 28 of the Criminal Procedure Act shall apply mutatis mutandis to litigation capacity of a third party, and Articles 186 and 191 of the same Act shall apply mutatis mutandis to the bearing of litigation costs of a third party.
(2) Except as otherwise expressively provided in this Act, the Criminal Procedure Act shall apply mutatis mutandis to the procedures for confiscation of property prescribed in Article 12 (1).
 Article 21 (Relationship to Other Procedures)
A decision to confiscate property prescribed in Article 12 (1) shall not affect the right of a third party who was unable to assert his/her right in criminal trial proceedings against a defendant for reasons not imputable to him/her.
CHAPTER V PROCEDURES FOR PRESERVATION
SECTION 1 Preservation for Confiscation
 Article 22 (Order of Preservation for Confiscation)
(1) Where, with respect to a criminal case against a defendant involved in the crime prescribed in subparagraph 1 of Article 2, a court has a reasonable ground to find that a property may be subject to confiscation under this Act (hereinafter referred to as "property subject to confiscation") and deems it necessary to confiscate the property, the court may prohibit the disposition of such 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 intends to issue an order of preservation for confiscation of the property encumbered by superficies, mortgage, or other rights, 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 crime, the summary of the facts constituting the crime 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 (where the holder of a title deed is another person, he/she shall be included), 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 needed, 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 pursuant to the Criminal Procedure Act.
 Article 23 (Order of Preservation for Confiscation before Public Prosecution)
(1) Where a prosecutor recognizes that there is a reason or necessity referred to in Article 22 (1) or (2), he/she may obtain an order pursuant to paragraph (1) or (2) of the same Article by making a request to a judge of a district court even before instituting 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 supplemental preservation order is issued, a judicial police officer shall immediately send the related documents to a prosecutor.
(3) A request prescribed in paragraph (1) shall be made to a judge of the district court or the branch office of the district court that exercises jurisdiction over the seat of the district prosecutor’s office or its branch office to which a prosecutor belongs.
(4) A judge who receives a request prescribed in 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 prescribed in paragraph (1), he/she shall notify the person in receipt of the order of preservation for confiscation (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.
 Article 24 (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 may be executed even before a transcript of the order is served on the person who owns the property, the disposition of which is prohibited by the order.
 Article 25 (Effects of Preservation for Confiscation)
Any disposition of the property preserved for confiscation (hereinafter referred to as "property preserved for confiscation") imposed after the order of preservation being issued shall not be valid with regard to the confiscation: Provided, That the foregoing shall not apply to cases prescribed in the main sentence of Article 36 (1) (including cases applied mutatis mutandis pursuant to Article 39 (4) and (5)) and to cases of a disposition which is conducted as the execution of the right of hypothecation that can be set up against an order of preservation for confiscation.
 Article 26 (Preservation for Confiscation of Immovables)
(1) The preservation for confiscation of an immovable shall be performed 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 (where the holder of a title deed is another person, he/she shall be included).
(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 commission 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, "obligor" referred to in Article 83 (2) of the same Act shall be construed as "person who owns a property preserved for confiscation"; "paragraph (1)" in Article 94 (2) and "Article 94" in Article 95 as "Article 26 (4) of the Act on Special Cases concerning the Confiscation of Illegal Political Funds, Etc."; and "court" referred to in Article 95 as "prosecutor".
 Article 27 (Preservation for Confiscation of Vessels, etc.)
The preservation for confiscation of vessels which can be registered, airplanes registered under the Aviation Safety Act, automobiles registered under the Automobile Management Act, and construction machinery registered under the Construction Machinery Management Act shall be in the same manner as the preservation for confiscation of immovables. <Amended by Act No. 14116, Mar. 29, 2016>
 Article 28 (Preservation for Confiscation of Movables)
(1) The preservation for confiscation of a movable (referring to the items other than those provided for in Article 27; hereafter in this Article the same shall apply) shall be performed by an order of preservation for confiscation which prohibits any disposition of the movable.
(2) A transcript of the order of preservation for confiscation referred to in paragraph (1) shall be served on the owner of the movable (where the holder of a title deed is another person, he/she shall be included).
(3) Where an order of preservation for confiscation is issued for a movable which has not been seized pursuant to the Criminal Procedure Act, for a movable to which a custodian referred to in Article 130 (1) of the same Act can be assigned, or for a movable which can be placed under the custody of the owner or an appropriate person, a prosecutor shall attach written 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.
 Article 29 (Preservation for Confiscation of Claims)
(1) The preservation for confiscation of a claim shall be performed by an order of preservation for confiscation that prohibits any disposition of the claim or the acceptance of performance by the obligee (where the holder of a title deed is another person, he/she shall be included) and that prohibits payment to the obligee by the obligor.
(2) A transcript of the order of preservation for confiscation 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) Article 228 of the Civil Execution Act, and paragraph (1) and the main sentence of paragraph (4) of Article 248 of the same Act shall apply mutatis mutandis to preservation for confiscation of claims. In such cases, "seizure" referred to in Article 228 (1) of the same Act shall be construed as "preservation for confiscation"; “obligee” as "prosecutor"; both "order of seizure" referred to in Article 228 (1) and (2) and “seizure” referred to in Article 248 (1) as "order of preservation for confiscation"; and “court” referred to in paragraph (4) of the same Article as “court that has issued an order of preservation for confiscation.”
 Article 30 (Preservation for Confiscation of Other Property Rights)
(1) The preservation for confiscation of property rights other than the property prescribed in Articles 26 through 29 (hereafter in this Article referred to as "other property rights") shall be in the same manner as the preservation for confiscation of claims, except as otherwise specifically provided for in this Article.
(2) Where there exists neither an obligor nor any person equivalent thereto (except for cases falling under paragraph (3)), the preservation for confiscation of other property rights shall become effective when a transcript of an order of preservation for confiscation is served on the owner of the other property rights.
(3) Article 26 (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, both "paragraph (1)" in Article 94 (2) of the Civil Execution Act and "Article 94" in Article 95 of the same Act shall be construed as "Article 26 (4) applicable mutatis mutandis pursuant to Article 30 (3) of the Act on Special Cases concerning the Confiscation of Illegal Political Funds, Etc."; and "court" in Article 95 of the same Act as "prosecutor."
 Article 31 (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) Where the court makes a decision prescribed in paragraph (1), except where it is made upon the request by a prosecutor, it shall consider the prosecutor’s opinion.
 Article 32 (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 for cases falling 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 pursuant to 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.
 Article 33 (Measures upon Expiration, etc.)
Where an order of preservation for confiscation expires, a prosecutor shall commission the invalidation of the registration of the order of preservation for confiscation, etc., remove public notice documents, and take other necessary measures without delay.
 Article 34 (Restriction on Compulsory Execution Procedures 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 already been made on an immovable or vessels, airplanes, automobiles or construction machinery prescribed in Article 27 subject to preservation for confiscation, or where a seizure by compulsory execution is made on a corporeal movable subject to 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 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 counter-performances or due to other reasons.
(4) The compulsory execution on other property rights (referring to other property rights as prescribed 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.
 Article 35 (Third Party Obligor’s Deposit)
(1) An obligor (hereinafter referred to as “third party obligor”) of a claim for monetary payment (hereinafter referred to as "pecuniary claim") may deposit the total amount of the pecuniary 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 after such claim becomes subject to an order of preservation 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 and the court that has issued the order of seizure when he/she makes the deposit under paragraph (1).
(3) Where a deposit by a third party obligor is made pursuant to paragraph (1), a court of execution shall commence procedures for allotment or repay money on the part equivalent to the amount of a pecuniary claim preserved for confiscation out of the total amount deposited when the preservation for confiscation has lost its effect, and on the remaining part when the deposit is made.
(4) Where an order of preservation for confiscation is issued for a pecuniary claim seized by compulsory execution, paragraphs (1) and (2) shall apply mutatis mutandis to the deposit by a third-party obligor.
(5) In applying Article 247 of the Civil Execution Act to cases where a third party obligor makes a deposit pursuant to 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 construed as "Article 35 (1) of the Act on Special Cases concerning the Confiscation of Illegal Political Funds, Etc. (including cases where the provisions apply mutatis mutandis under paragraph (4) of the same Article)".
 Article 36 (Restriction on Confiscation of Property Subject to Compulsory Execution)
(1) There shall be no trial for confiscation of property on which a decision to commence compulsory sale by official auction has already been made or which has already been seized by compulsory execution before the property is preserved for confiscation: Provided, That the foregoing shall not apply when an execution creditor’s claim is found to be a fictitious one; when an execution creditor applies for compulsory execution knowing that the property is subject to confiscation; or when an execution creditor is the offender.
(2) Where superficies or other rights encumbering a property subject to confiscation and the disposition of which is prohibited by a 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: Provided, That the foregoing shall not apply when an execution creditor’s claim is found to be a fictitious one; when an execution creditor applies for compulsory execution knowing that his/her right shall be extinguished by confiscation; or when an execution creditor is the offender.
 Article 37 (Suspension of Compulsory Execution)
(1) Where a court has issued or intends to issue an order of preservation for confiscation on a property which has already been seized by a decision to commence compulsory sale by official auction or by compulsory execution, the court may order suspension of the compulsory execution upon a prosecutor’s request or ex officio when it has a reasonable ground to judge that reasons pursuant to the proviso to Article 36 (1) exist.
(2) Where a prosecutor submits a transcript of the decision prescribed in paragraph (1), the execution court shall suspend the compulsory execution. In such cases, when applying the Civil Execution Act, it shall be deemed that a document referred to in subparagraph 2 of Article 49 of the same Act has been submitted.
(3) When 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 revoke the decision made under paragraph (1) upon a prosecutor’s or an execution creditor’s request or ex officio. In such cases, Article 31 (2) shall apply mutatis mutandis.
 Article 38 (Coordination with Auction Procedures for Enforcing 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 been commenced, if a prosecutor submits a transcript of the supplemental preservation order, an execution court shall suspend the official auction procedure. In such cases, when applying the Civil Execution Act, it shall be deemed that a document prescribed in 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) has been submitted.
 Article 39 (Coordination with Other Procedures)
(1) Article 34 shall apply mutatis mutandis to the restriction on the procedures in any of the following cases: When property preserved for confiscation is seized to collect delinquent taxes (referring to the collection procedures pursuant to the National Tax Collection Act and the Local Tax Collection Act, and other various collection procedures in accordance with examples under these Acts; hereinafter the same shall apply); when an adjudication of bankruptcy or a decision to commence the composition (hereinafter referred to as "adjudication of bankruptcy, etc.") is made on a person who owns property preserved for confiscation; or when a decision to commence a reorganization procedure is made on a company which owns property preserved for confiscation. <Amended by Act No. 10219, Mar. 31, 2010; Act No. 14476, Dec. 27, 2016>
(2) Article 35 shall apply mutatis mutandis to a deposit by a third party obligor when a seizure for collecting delinquent taxes is made upon a pecuniary claim preserved for confiscation or when a pecuniary claim for which a seizure has been made to collect delinquent taxes is preserved for confiscation.
(3) Article 35 (1) and (2) shall apply mutatis mutandis to a deposit by a third party obligor when a provisional seizure is made for a pecuniary claim preserved for confiscation or when a pecuniary claim for which a provisional seizure has been made is preserved for confiscation.
(4) Article 36 shall apply mutatis mutandis to the restriction on the confiscation of property when there is a provisional seizure of property before it is preserved for confiscation or when there is a provisional seizure of any superficies or other rights on a property subject to confiscation before the prohibition on disposition thereof is made by a supplemental preservation order.
(5) The main sentence of Article 36 (1) shall apply mutatis mutandis to the restriction on the confiscation of property when a property subject to preservation for confiscation is seized to collect delinquent taxes before the property is preserved for confiscation; when an adjudication of bankruptcy, etc. is made on a person who owns property subject to preservation for confiscation before the property is preserved for confiscation; or when a decision to commence a reorganization procedure is made on a company which owns property subject to preservation for confiscation before the property is preserved for confiscation.
(6) In connection with superficies or any other rights on a property subject to confiscation, the disposition of which is prohibited by a supplemental preservation order, the main sentence of Article 36 (2) shall apply mutatis mutandis to the restriction on the confiscation of the property in any of the following cases: When the rights are seized to collect delinquent taxes before the disposition of the rights is prohibited; when an adjudication of bankruptcy, etc. is made on a person who owns the rights before the disposition of the rights is prohibited; or when 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 37 shall apply mutatis mutandis to the suspension of compulsory execution in cases where an order of preservation for confiscation has already been issued or is going to be issued on property provisionally seized.
 Article 40 (Effects, etc. of Supplemental Preservation Order)
(1) A supplemental preservation order is effective only during the effective period of the preservation for confiscation related to the order.
(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.
SECTION 2 Preservation for Collection
 Article 41 (Order of Preservation for Collection)
(1) Where a court deems that there is a reasonable ground to believe that a collection prescribed in Article 6 is necessary in connection with a criminal case against a defendant involved in a crime specified in subparagraph 1 of Article 2 and deems that there is a concern that it will be unable to execute the judgement of collection or that the execution might be significantly 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 determining a specific amount of money that is deemed reasonable to preserve in order to execute 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 of money 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 describe the name of the defendant; the name of the crime; the summary of the facts constituting the crime 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 determined by the Supreme Court Regulations, and the judge rendering judgement shall sign the order and affix his/her seal thereto.
(5) Article 22 (4) shall apply mutatis mutandis to the preservation for collection.
 Article 42 (Order of Preservation for Collection before Public Prosecution)
(1) Where a prosecutor deems that the reason and necessity prescribed in Article 41 (1) exist, 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 instituting public prosecution.
(2) Article 23 (3) and (4) shall apply mutatis mutandis to the preservation for collection prescribed in paragraph (1).
 Article 43 (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 effects as a provisional seizure order prescribed in the Civil Execution Act.
(2) An order of preservation for collection may be executed even before a transcript of the order is served on the defendant or the suspect.
(3) Except as otherwise expressively provided for in this Act, the Civil Execution Act and other statutes regarding the procedures for executing a provisional seizure shall apply mutatis mutandis to the execution of an order of preservation for collection. In such cases, the court corresponding to the prosecutor’s office to which the prosecutor, who has issued the order under paragraph (1), belongs shall have jurisdiction over the execution of the provisional seizure the jurisdiction over which belongs to the court which has issued the provisional seizure order under statutes.
 Article 44 (Deposit by Obligor of Pecuniary Claim)
The obligor of a pecuniary claim which is preserved for collection by an order of preservation for collection may deposit an amount equivalent to the amount of the pecuniary 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.
 Article 45 (Deposit of Amount for Release from Preservation for Collection and Execution of Judgement of Collection)
(1) Where a judgment of collection becomes final and conclusive or where 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) Where 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.
 Article 46 (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 the prosecutor, the defendant or suspect, or his/her attorney-at-law or ex officio. In such cases, Article 31 (2) shall apply mutatis mutandis.
 Article 47 (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 for cases falling under subparagraph 2 of Article 327 of the Criminal Procedure Act) becomes final and conclusive.
(2) Article 32 (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.
 Article 48 (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 has made under Article 43 (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.
SECTION 3 Supplementary Provisions
 Article 49 (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 the preservation for collection (excluding the execution of the preservation for collection according to an order of preservation for collection; hereafter in this Section the same shall apply). In such cases, the effective period of the service by public notice under Article 194 (1) of the Civil Procedure Act shall be seven days, notwithstanding the main sentence of Article 196 (1) and paragraph (2) of the same Article of the same Act.
 Article 50 (Disposition, etc. during Appeal Period)
If a disposition in regard to the preservation for confiscation or collection is required for a case which has not been appealed yet during the period for appeal, or for a case which has been appealed whose record has not yet arrived at the appellate court, the court of original instance shall make the disposition.
 Article 51 (Filing Objections)
(1) A person may appeal a court’s decision in regard to the preservation for confiscation or collection.
(2) A person 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 such 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 for filing an objection under paragraph (2).
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Preservation for Confiscation or Collection) Chapter V shall also apply to illegal political funds, etc. acquired through crimes committed before this Act enters into force. In such cases, “this Act” in Article 22 (1) shall be construed as the portion subject to confiscation in the former part of Article 45 (3) of the Political Funds Act, the former part of Article 134 of the Criminal Act, and the former part of Article 13 of the Act on the Aggravated Punishment, etc. of Specific Crimes; and “Article 6” in Article 41 (1) shall be construed as “the portion subject to collection in the latter part of Article 45 (3) of the Political Funds Act, the latter part of Article 134 of the Criminal Act, the latter part of Article 13 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the latter part of Article 50 (3) of the Anti-Corruption Act.
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.
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. 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.
ADDENDUM <Act No. 14968, Oct. 31, 2017>
This Act shall enter into force on the date of its promulgation.