[This Article Wholly Amended by Presidential Decree No. 23160, Sep. 29, 2011]
| Article 2 (Limits on Compensation) |
[This Article Wholly Amended by Presidential Decree No. 23160, Sep. 29, 2011]
| Article 3 (Organization of Council on Accuseds' Compensation) |
A council on accuseds' compensation (hereinafter referred to as "council") under Article 27 (3) of the Act shall be composed of one Chairperson who is the deputy chief public prosecutor of a district public prosecutor's office in which such council is established, and four members appointed or commissioned by the Minister of Justice from among the following persons: | 1. | Public officials belonging to the relevant district public prosecutors' office; |
| 2. | Persons qualified for appointment as a judge; |
[This Article Wholly Amended by Presidential Decree No. 23160, Sep. 29, 2011]
| Article 4 (Chairperson of Council) |
The chairperson of a council (hereinafter referred to as the "Chairperson") shall preside over affairs of the council and represent the council.
[This Article Wholly Amended by Presidential Decree No. 23160, Sep. 29, 2011]
| Article 5 (Proceedings of Council) |
| (1) | The Chairperson shall convene meetings of the council and preside over its meetings. |
| (2) | The council shall hold meetings when a majority of the incumbent members including the Chairperson attend meetings and pass resolutions with the consent of a majority of at least two-thirds of members present. |
| (3) | Where each opinion on the amount of compensation cannot reach the two-thirds majority because opinions are divided into at least three kinds of opinions when the council determines compensation, the council shall follow the opinion in favor of the highest amount calculated by adding in order the number of opinions on larger amounts to the number of the opinion on the least amount until the number of opinions reaches the two-thirds majority. |
[This Article Wholly Amended by Presidential Decree No. 23160, Sep. 29, 2011]
| Article 6 (Allowances of Council Members) |
Allowances shall be paid to council members present at the meetings of the council within the budgetary limits.
[This Article Wholly Amended by Presidential Decree No. 23160, Sep. 29, 2011]
| Article 7 (Direction and Supervision by Minister of Justice) |
| (1) | The Minister of Justice may issue orders or take measures necessary to direct and supervise each council. |
| (2) | Where the Minister of Justice deems it necessary to perform duties under paragraph (1), he/she may require public officials under his/her jurisdiction or public prosecutors in public prosecutors' offices of various levels to audit the management of affairs of each council. |
[This Article Wholly Amended by Presidential Decree No. 23160, Sep. 29, 2011]
| Article 8 (Written Claims for Compensation) |
| (1) | A written claim for accuseds' compensation (hereinafter referred to as "written claim") under Article 28 (2) of the Act shall state the following matters and shall be signed and sealed, or digitally signed by a claimant: |
| 1. | Name, address, date of birth, and occupation of the claimant; |
| 2. | Purport of and reasons for filing a claim; |
| 3. | Date of filing a claim. |
| (2) | A claimant shall attach physical and documentary evidence that may explain grounds for filing a claim to a written claim. In such cases, the council shall verify a certified transcript of the resident registration card of the claimant through administrative information matching under Article 36 (1) of the Electronic Government Act, and where the claimant does not consent to confirmation, the council shall require him/her to attach such certified transcript. |
[This Article Wholly Amended by Presidential Decree No. 23160, Sep. 29, 2011]
| Article 9 (Necessary Investigations) |
| (1) | The Chairperson or a person directed by the Chairperson may conduct investigations necessary to determine compensation and make inquiries of relevant public officials or agencies about facts and request them to submit necessary data. |
| (2) | No public official or head of the relevant agency, in receipt of a request under paragraph (1), shall refuse such request or delay responding to such request, without reasonable grounds. |
[This Article Wholly Amended by Presidential Decree No. 23160, Sep. 29, 2011]
| Article 10 (Determinations and Notification) |
| (1) | A determination on compensation shall be made based on reliable physical and documentary evidence. |
| (2) | A written determination on compensation shall state the following matters and shall be signed and sealed by members present at the meeting: |
| 1. | Name, address, and date of birth of a claimant; |
| 2. | Text of determination; |
| 3. | Grounds for determination; |
| 4. | Date of determination. |
| (3) | When the council determines compensation, it shall keep the original written determination on compensation and shall serve on the claimant a notice of the determination on compensation and one exemplified copy of the written determination on compensation. |
[This Article Wholly Amended by Presidential Decree No. 23160, Sep. 29, 2011]
| Article 11 (Requests for Payment of Accuseds' Compensation) |
Where a claimant who has received a notice of a determination on compensation under Article 10 (3) intends to receive compensation, he/she shall present a written claim stating the following matters to a district public prosecutor's office in which the council that has determined compensation is established: | 1. | Name, address, and date of birth of the claimant; |
| 2. | Case number and the text of the determination on compensation; |
| 3. | Date the claim is filed. |
[This Article Wholly Amended by Presidential Decree No. 23160, Sep. 29, 2011]
| Article 12 (Designation of Department Exclusively Responsible for Publication of Verdicts of Not Guilty) |
If necessary to efficiently deal with affairs concerning the publication of written verdicts of the cases of verdicts of not guilty (hereinafter referred to as "written verdict of not guilty") under Article 30 of the Act, the Minister of Justice may designate a department exclusively responsible for dealing with the relevant affairs. [This Article Newly Inserted by Presidential Decree No. 23160, Sep. 29, 2011]
| Article 13 (Designation of Public officials Exclusively Responsible for Publication, etc.) |
| (1) | The chief public prosecutor of a district public prosecutors' office (including a branch of the district public prosecutors' office) which has prosecuted a case of a not-guilty verdict under Article 30 of the Act may designate a public official exclusively responsible for dealing with affairs concerning the publication of a not-guilty verdict. |
| (2) | A public official exclusively responsible for publication under paragraph (1) shall prepare a book concerning the publication of written not-guilty verdicts, and report the status of dealing with such affairs to the Minister of Justice at least once per year. |
[This Article Newly Inserted by Presidential Decree No. 23160, Sep. 29, 2011]
ADDENDUM
This Decree shall enter into force on February 25, 1988.
ADDENDA <Presidential Decree No. 13386, Jun. 19, 1991>
| (1) | (Enforcement Date) This Decree shall enter into force on January 1, 1992. |
| (2) | (Transitional Measures) With regard to the cases in which the reason for a claim for compensation has occurred before this Decree enters into force, the previous provisions shall apply. |
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20171, Jul. 18, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23160, Sep. 29, 2011>
This Decree shall enter into force on November 24, 2011.