ENFORCEMENT DECREE OF THE ACT ON THE LAPSE OF CRIMINAL SENTENCES
Presidential Decree No. 10694, Dec. 31, 1981
Amended by Presidential Decree No. 11524, Oct. 6, 1984
Presidential Decree No. 11822, Dec. 31, 1985
Presidential Decree No. 13973, Sep. 4, 1993
Presidential Decree No. 18104, Sep. 29, 2003
Presidential Decree No. 19622, Jul. 27, 2006
Presidential Decree No. 20216, Aug. 7, 2007
Presidential Decree No. 20466, Dec. 28, 2007
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 23747, Apr. 23, 2012
Presidential Decree No. 26614, Nov. 4, 2015
The purpose of this Decree is to provide for matters delegated by the Act on the Lapse of Criminal Sentences (hereinafter referred to as the "Act") and those necessary for the enforcement thereof. <Amended by Presidential Decree No. 19622, Jul. 27, 2006>
| Article 2 (Preparation, etc. of Investigation Material Cards) |
| (1) | Investigation material cards shall contain personal information and name of a crime of a criminal suspect, an investigation agency which have booked such suspect, the dates of such booking, the results of dispositions and sentences against such suspects, and other matters involving investigative or criminal records of such suspects. <Amended by Presidential Decree No. 18104, Sep. 29, 2003> |
| (2) | Heads of investigation agencies, such as public prosecutors' offices and judicial police authorities, shall, without delay, send the National Police Agency the records of criminal suspects booked and the details of dispositions or sentences against such suspects, etc. in order to correctly manage the investigation materials cards. <Newly Inserted by Presidential Decree No. 18104, Sep. 29, 2003> |
| (3) | Where it is impossible to confirm the details of dispositions and sentences due to any inconsistency in the personal information of criminal suspects on the investigation materials cards and other reasons, the Commissioner General of the National Police Agency shall take necessary measures to keep accurate records of dispositions and sentences by seeking confirmation from the agencies concerned or other means. <Newly Inserted by Presidential Decree No. 18104, Sep. 29, 2003> |
| (4) | In making investigation materials cards, the scope of criminal suspects to be fingerprinted and other necessary matters shall be determined by Ordinance of the Ministry of Justice. |
[This Article Wholly Amended by Presidential Decree No. 11822, Dec. 31, 1985]
| Article 2-2 (Scope of Criminal Record Materials) |
"Such other matters as prescribed by Presidential Decree" referred to in subparagraph 5 of Article 2 of the Act means the followings: | 1. | Lapse of suspension of sentence; |
| 2. | Revocation of suspension of execution; |
| 3. | Sentence or disposition of confiscation, additional collection, community service order or order to attend a lecture, etc. imposed with the punishment of a fine or greater punishment. |
[This Article Newly Inserted by Presidential Decree No. 18104, Sep. 29, 2003]
| Article 3 (Record on the Convict Lists by Prosecution Chambers of High Military Court) |
When suspension of qualifications or greater punishment becomes final and conclusive in proceedings of appeal in military courts, the relevant prosecution chamber of high military court may also record such facts on their convict lists. <Amended by Presidential Decree No. 11524, Oct. 6, 1984; Presidential Decree No. 13973, Sep. 4, 1993>
| Article 4 (Preparing and Sending of Convict Plates) |
When the fact that a sentence of suspension of qualifications or greater punishment becomes final and conclusive is entered on the convict lists according to Article 3 of the Act and Article 3 of this Decree, convict plates shall, without delay, be prepared and sent to Si/Gu/Eup/Myeon offices of the convicts' place of registration by registered mail or by electronic method through the Public Information Sharing Center established under Article 37 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 11524, Oct. 6, 1984; Presidential Decree No. 20216, Aug. 7, 2007; Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 23747, Apr. 23, 2012>
| Article 5 (Notification of Lapse, etc. of Suspension of Execution) |
Where any cases falling under any of the subparagraphs of Article 4 (2) of the Act occurs, district prosecutors’ offices or their branch office, or prosecution chambers of military courts, which have sent convict plates according to Article 4 shall, without delay, notify the government offices to which they have sent the convict plates of the fact by registered mail or by electronic method through the Public Information Sharing Center established under Article 37 (1) of the Electronic Government Act: Provided, That where they have additionally stated in advance the period of suspension of execution or the period of lapse of punishment under Article 7 of the Act in the convict plates which are sent pursuant to Article 4, such additional statement may substitute for the fact that the period of suspension of execution has lapsed in the notification of reasons under the subparagraphs of Article 4 (2) of the Act, or notification of the fact that the punishment imposed under Article 7 of the Act has lapsed. <Amended by Presidential Decree No. 22151, May 4, 2010> [This Article Wholly Amended by Presidential Decree No. 20216, Aug. 7, 2007]
| Article 6 (Police Officers in Charge of Making Investigation Materials Cards) |
| Article 6-2 (Preservation and Management of Criminal Records or Investigation Record Materials, and Reply to Queries, etc.) |
| (1) | The head of an agency in charge of preserving and managing criminal records or investigation record materials or the duties related with inquiries thereabout shall designate a highest official of the department in direct charge of such duties as a responsible person therefor and shall have him/ her take charge of the operation and guidance work regarding the preservation and administration of such records and materials or inquiries thereabout. |
| (2) | The responsible person under paragraph (1) shall keep a ledger of inquiries and replies and record the purposes of reference, the positions and names of the inquirer, the preparing person, the date of preparation, and other necessary matters in the ledger. |
| (3) | The head of an agency in charge of the duties of preserving and managing criminal records or investigation record materials or the duties related with inquiries thereabout shall check a ledger of inquiries and replies frequently and take other necessary measures to prevent the illegal leakage of the criminal records or the investigation record materials and the diversion of such records and materials to other purposes than the criminal investigation, trial, etc. as prescribed by the Act and other statutes. |
| (4) | Deleted. <by Presidential Decree No. 19622, Jul. 27, 2006> |
[This Article Wholly Amended by Presidential Decree No. 18104, Sep. 29, 2003]
| Article 7 (Inquiry about Investigation Materials Cards and Extent of Reply thereto) |
| (1) | In cases falling under Article 6 (1) 1 through 4 of the Act, inquiries about the criminal record materials and the investigation record materials, and the reply thereto may be made with respect to the whole of such materials. |
| (2) | The scope within which inquiries about criminal records or investigation records on the investigation material cards and a reply thereto under Article 6 (1) 5 through 9 of the Act may be made shall be as follows: <Amended by Presidential Decree No. 19622, Jul. 27, 2006; Presidential Decree No. 26614, Nov. 4, 2015> |
| 1. | In cases falling under Article 6 (1) 5, 6, and 8 of the Act, the criminal record materials and the investigation record materials of the cases which are in the process of criminal investigation or trial; |
| 2. | In cases falling under Article 6 (1) 7 of the Act, the criminal record materials, and the investigation record materials of the cases wherein transference to juvenile department, suspension of prosecution, or absence of authority to institute prosecution has been determined, or which are in the process of criminal investigation or trial; |
| 3. | In cases falling under Article 6 (1) 9 of the Act, the materials necessary to confirm the grounds for disqualifications, the specific grounds for disciplinary punishment of a public official against whom a disciplinary procedure has started or the grounds for restrictions on payment, etc. (hereinafter referred to as the "grounds for disqualifications, etc."), but if it is impracticable to specify criminal records falling under the grounds for disqualifications, etc., the materials falling under any of the following items: Provided, That for the purpose of confirming specific grounds for disciplinary punishment of a public official against whom a disciplinary procedure has started, only the following criminal record materials shall be provided: |
| (a) | The criminal record materials wherein the type of punishment are the same with the criminal records which may fall under the grounds for disqualifications, etc.; |
| (b) | The investigation record materials of the cases which are in the process of criminal investigation or trial for any criminal fact which may fall under the grounds for disqualifications, etc. |
| (3) | In cases falling under Article 6 (1) 10 of the Act, inquiries and replies thereto may be made only within the scope specifically determined by other Acts. <Amended by Presidential Decree No. 19622, Jul. 27, 2006> |
| (4) | Deleted. <by Presidential Decree No. 20466, Dec. 28, 2007> |
[This Article Wholly Amended by Presidential Decree No. 18104, Sep. 29, 2003]
| Article 7-2 (Restriction on Reply Regarding Juveniles, Lapsed Punishment, etc.) |
| (1) | Unless it falls under Article 7 (1), replies to inquiries regarding the transference to the Juvenile Department and protective order under the Juvenile Act shall not be made after three years pass from the time such decision was made. |
| (2) | Notwithstanding Article 7 (1), where the person in question him/herself requests for inquiries to confirm the details of investigation materials cards as prescribed in Article 6 (1) 4 of the Act, replies to queries shall be made except for the matters in the following subparagraphs unless the person in question requests otherwise: <Amended by Presidential Decree No. 26614, Nov. 4, 2015> |
| 2. | Punishment of a person who has been pardoned or has had his/her rights reinstated; |
| 3. | Transference of a juvenile to the Juvenile Department and protective detention of a juvenile under the Juvenile Act, for whom three years have passed since such decision was made. |
| (3) | Notwithstanding Article 7 (1), where the person in question him/herself requests for inquiries as it is required to enter and stay in a foreign country as prescribed in Article 6 (1) 4, replies to queries shall be made except for the following matters: <Newly Inserted by Presidential Decree No. 26614, Nov. 4, 2015> |
| 2. | Punishment invalidated after an offender has been pardoned or has had his/her rights reinstated under the Amnesty Act; |
| 3. | Transfer of a juvenile to the Juvenile Department and protective detention of a juvenile as prescribed in the Juvenile Act, for whom three years have passed since such decision was made. |
[This Article Newly Inserted by Presidential Decree No. 20466, Dec. 28, 2007]
| Article 8 (Adjustment of Convict Lists, etc.) |
| (1) | The deletion of any relevant column on the convict lists under Article 8 (2) of the Act shall be done by drawing two horizontal lines on the relevant columns on the convict lists, and affixing the official seal of the manager of the convict lists. <Amended by Presidential Decree No. 18104, Sep. 29, 2003; Presidential Decree No. 19622, Jul. 27, 2006> |
| (2) | The deletion of any corresponding matter in the investigation record materials under Article 8-2 (3) of the Act shall be conducted by immediately deleting the corresponding matters from electronic data when the period prescribed in paragraph (2) of the same Article has passed, and the position and name of the person who has deleted, the date and time of the deletion, and other matters related to the deletion shall be electronically managed for five years from the date of the deletion. <Newly Inserted by Presidential Decree No. 18104, Sep. 29, 2003; Presidential Decree No. 19622, Jul. 27, 2006> |
[This Article Newly Inserted by Presidential Decree No. 13973, Sep. 4, 1993]
| Article 9 (Destruction of Investigation Materials Cards) |
| (1) | When a person listed on the investigation materials cards dies, the Commissioner General of the National Police Agency may destroy the investigation materials cards concerned. |
| (2) | When the investigation materials cards are kept and managed and preserved in the form of microfilms or electronic data, the Commissioner General of the National Police Agency may destroy the previous investigation material cards. |
[This Article Newly Inserted by Presidential Decree No. 18104, Sep. 29, 2003]
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 11524, Oct. 6, 1984>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 11822, Dec. 31, 1985>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 13973, Sep. 4, 1993>
| (1) | (Enforcement Date) This Decree shall enter into force on September 5, 1993. |
| (2) | (Transitional Measures) Administering agencies in charge of the convict lists and investigation materials cards shall erase simultaneously with the enforcement of this Decree the corresponding columns on the convict lists and the investigation materials cards made in relation to the Gwangju Democratization Movement. |
ADDENDA <Presidential Decree No. 18104, Sep. 29, 2003>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 7 shall enter into force on January 1, 2004. |
| (2) | (Clearance of Unclear Dispositions on Investigation Materials Cards) The investigation material cards, among those drawn up before December 31, 1987, the results of whose disposition are unclear as at the time of enforcement of this Decree shall be cleared up as having a final disposition to be cleared of suspicion simultaneously with the enforcement of this Decree: Provided, That this shall not apply to any case in which the results of disposition are proved after the enforcement of this Decree. |
ADDENDUM <Presidential Decree No. 19622, Jul. 27, 2006>
This Decree shall enter into force on July 30, 2006.
ADDENDUM <Presidential Decree No. 20216, Aug. 7, 2007>
This Decree shall enter into force on October 1, 2007.
ADDENDUM <Presidential Decree No. 20466, Dec. 28, 2007>
This Decree shall enter into force on March 1, 2008.
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. 23747, Apr. 23, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 26614, Nov. 4, 2015>
This Decree shall enter into force on Nov. 12, 2015.