The purpose of this Act is to prescribe the scope of criminal litigation costs and matters necessary for standards for reimbursing costs to a witness, expert witness, interpreter, translator or public defender in the criminal procedure of the court.
[This Article Wholly Amended by Act No. 11306, Feb. 10, 2012]
| Article 2 (Scope of Criminal litigation Costs) |
| 1. | A daily allowance, travel expenses and accommodation expenses for a witness, expert witness, interpreter or translator; |
| 2. | A professional fee for an expert witness, an interpretation fee for an interpreter, a translation fee for a translator and other expenses; |
| 3. | A daily allowance, travel expenses, accommodation expenses and remuneration for a public defender. |
[This Article Wholly Amended by Act No. 11306, Feb. 10, 2012]
| Article 3 (Daily Allowances for Witnesses, etc.) |
| (1) | A daily allowance for a witness, expert witness, interpreter or translator shall be paid according to the number of days required for attendance or investigation and travel therefor (hereinafter referred to as "attendance, etc."). |
| (2) | The court shall determine the amount of a daily allowance within the limits prescribed by the Rules of the Supreme Court of the Republic of Korea. |
[This Article Wholly Amended by Act No. 11306, Feb. 10, 2012]
| Article 4 (Travel Expenses for Witnesses, etc.) |
| (1) | Travel expenses for a witness, expert witness, interpreter or translator shall be fares and other expenses corresponding thereto, and the fares shall be classified into four kinds; railway fares, ship fares, bus/taxi fares and air fares, and such travel expenses shall be paid based on any means of transportation deemed appropriate by the court. |
| (2) | The court shall determine the items and the amount of travel expenses within the limits prescribed by the Rules of the Supreme Court of the Republic of Korea. |
[This Article Wholly Amended by Act No. 11306, Feb. 10, 2012]
| Article 5 (Accommodation Expenses for Witnesses, etc.) |
| (1) | Accommodation expenses for a witness, expert witness, interpreter or translator shall be paid according to the number of nights required for attendance, etc. |
| (2) | The court shall determine the amount of accommodation expenses within the limits prescribed by the Rules of the Supreme Court of the Republic of Korea. |
[This Article Wholly Amended by Act No. 11306, Feb. 10, 2012]
| Article 6 (Amounts of Overseas Travel Expenses, etc.) |
Where a witness, expert witness, interpreter or translator travels from the Republic of Korea to any foreign country or vice versa (including the high seas), the court shall determine his/her daily allowance, travel expenses and accommodation expenses in accordance with the standards provided in Articles 3 through 5 within the limits prescribed by the Rules of the Supreme Court of the Republic of Korea. [This Article Wholly Amended by Act No. 11306, Feb. 10, 2012]
| Article 7 (Professional Fees, etc.) |
A professional fee to be paid to an expert witness, an interpretation fee to be paid to an interpreter or a translation fee to be paid to a translator and other expenses shall be an amount deemed appropriate by the court.
[This Article Wholly Amended by Act No. 11306, Feb. 10, 2012]
| Article 8 (Daily Allowances, etc. for Public Defenders) |
| (1) | The court shall determine the amount of a daily allowance, travel expenses and accommodation expenses to be reimbursed to a public defender in accordance with the standards provided in Articles 3 through 6 within the limits prescribed by the Rules of the Supreme Court of the Republic of Korea. |
| (2) | The court shall determine the standards and the amount of remuneration to be paid to a public defender within the limits prescribed by the Rules of the Supreme Court of the Republic of Korea. |
[This Article Wholly Amended by Act No. 11306, Feb. 10, 2012]
| Article 9 (Calculation of Travel Expenses, etc.) |
In calculating a daily allowance, travel expenses (excluding airfares) and accommodation expenses, the number of days of travel shall be calculated in accordance with an instance in which a person makes a trip by the most economical route and method usually used: Provided, That where it is impracticable to make a trip by such route and method due to a natural disaster or other extenuating circumstances, the number of days of travel shall be calculated according to the actual route and method of travel.
[This Article Wholly Amended by Act No. 11306, Feb. 10, 2012]
| Article 10 (Requirements for Paying Daily Allowances, etc.) |
A daily allowance, travel expenses and accommodation expenses shall be paid to a witness, expert witness, interpreter or translator only when he/she attends or undergoes an investigation at the time and place fixed by the court, and a daily allowance, travel expenses and accommodation expenses shall be paid to a public defender only when he/she attends on the fixed date or participates in an investigation or disposition.
[This Article Wholly Amended by Act No. 11306, Feb. 10, 2012]
| Article 11 (Deadline for Making Claims for Litigation Costs) |
No litigation costs referred to in Article 2 shall be paid unless a claim for litigation costs is filed by the following applicable deadlines: Provided, That this shall not apply where a claim for litigation costs is not filed by the relevant deadline due to extenuating circumstances: | 1. | Where the litigation procedure is completed by trial: By the time such trial is held; |
| 2. | Where the litigation procedure is completed not by trial: By the time a trial that makes the relevant person bear litigations costs is held. |
[This Article Wholly Amended by Act No. 11306, Feb. 10, 2012]
| Article 12 (Cases Determined by Judges) |
| (1) | Where a commissioned judge or an entrusted judge examines a witness and takes other procedures, the relevant judge shall determine matters to be determined by the court pursuant to this Act: Provided, That this shall not apply where it is deemed inappropriate for the relevant judge to determine such matters. |
| (2) | The main body of paragraph (1) shall apply mutatis mutandis where a judge, other than a commissioned judge or an entrusted judge, takes other procedures. |
[This Article Wholly Amended by Act No. 11306, Feb. 10, 2012]
| Article 13 (Rules of Supreme Court) |
Except as otherwise expressly provided in this Act, matters necessary for expenses reimbursed in the criminal procedure of the court shall be prescribed by the Rules of the Supreme Court of the Republic of Korea.
[This Article Wholly Amended by Act No. 11306, Feb. 10, 2012]
| Article 14 (Submission of Materials) |
Where the court deems it necessary, it may require a person to be reimbursed for expenses pursuant to this Act to submit a detailed statement of expenses and other materials.
[This Article Wholly Amended by Act No. 11306, Feb. 10, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
The previous cases shall apply to the amount of expenses for the examination of a witness and other acts initiated before this Act enters into force.
Article 3 Omitted.
Article 4 (Relationship with other Acts)
Where the former Costs of Criminal Procedure Act or the provisions thereof is or are cited by other Acts and subordinate statutes as at the time this Act enters into force, this Act or the relevant provisions of this Act shall be deemed to have been cited if the provisions corresponding thereto exist in this Act.
ADDENDUM<Act No. 11306, Feb. 10, 2012>
This Act shall enter into force on the date of its promulgation.