ACT ON PROTECTION OF SPECIFIC CRIME INFORMANTS
Act No. 5997, Aug. 31, 1999
Amended by Act No. 7427, Mar. 31, 2005
Act No. 8719, Dec. 21, 2007
Act No. 9139, Dec. 19, 2008
Act No. 11305, Feb. 10, 2012
Act No. 12895, Dec. 30, 2014
Act No. 14071, Mar. 3, 2016
Act No. 14413, Dec. 20, 2016
The purpose of this Act is to protect informants, etc. of specific crimes, to ensure that citizens can voluntarily cooperate in criminal procedures concerning specific crimes without fear, thereby contributing to defending society from crimes.
[This Article Wholly Amended by Act No. 11305, Feb. 10, 2012]
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 8719, Dec. 21, 2007; Act No. 9139, Dec. 19, 2008; Act No. 11305, Feb. 10, 2012; Act No. 14071, Mar. 3, 2016; Act No. 14413, Dec. 20, 2016>
| 1. | The term "specific crimes" means crimes falling under any of the following items: |
| 2. | The term "reporting, etc. of crimes" means the provision of clues to an investigation, such as reporting, petitions, complaint or accusation concerning specific crimes, the submission of materials, including statements and testimonies, the provision of information for arresting criminals, or the arrest of criminals; |
| 3. | The term "informants, etc. of crimes" means persons who report, etc. crimes; |
| 4. | The term "relatives, etc." means the relatives or cohabitants of informants, etc. of crimes, or persons who have a close relationship with them; |
| 5. | The term "cases where retaliation is likely to be taken" means cases where there exist sufficient grounds to recognize that any harm has been caused to or is likely to be caused to life or human body, or any damage has been caused to or is likely to be caused to property, etc. with regard to reporting, etc. of crimes. |
[This Article Wholly Amended by Act No. 11305, Feb. 10, 2012]
| Article 3 (Scope of Application) |
The Act shall apply only to cases where informants, etc. of specific crimes or their relatives, etc are likely to be retaliated.
[This Article Wholly Amended by Act No. 11305, Feb. 10, 2012]
| Article 4 (Obligations of State) |
| (1) | The State shall protect informants, etc. of crimes, provide the legal or institutional strategy to prevent retaliatory crimes committed against them and procure financial resources necessary therefor. |
| (2) | Investigative authority, etc. shall take care to ensure that the rights of defence of suspects or defendants, or the rights to plead of attorneys-at-law are not undermined in an unfair manner, in the application of this Act. |
[This Article Wholly Amended by Act No. 11305, Feb. 10, 2012]
| Article 5 (Prohibition against Unfavorable Disposition) |
No person (including persons who perform duties concerning workers for the sake of employers), who employs informants, etc. of crimes, shall put such informants at a disadvantage, such as dismissal, due to grounds that they have reported crimes.
[This Article Wholly Amended by Act No. 11305, Feb. 10, 2012]
| Article 6 (Assistants to Informants, etc. of Crimes) |
| (1) | When any retaliation is likely to be taken against an informant, etc. of a crime or his/her relatives, etc., judical police officers, prosecutors or the court may designate an assistant to the informant, etc. of the crime (hereinafter referred to as "assistant") either ex officio or upon request by such informant, etc., his/her legal representatives or relatives, etc. |
| (2) | An assistant shall be designated, from among the legal representatives or relatives of an informant, etc. of a crime or persons prescribed by Presidential Decree: Provided, That no one who works for an investigative authority may be an assistant. |
| (3) | An assistant may provide necessary help to an informant, etc. of a crime, such as accompanying him/her during the investigation of the relevant criminal cases or trials, or giving any advice for the sake of him/her. |
| (4) | No assistant shall exert any undue influence on the statements or testimonies of an informant, etc. of a crime, such as inducing false statements. |
| (5) | When any assistant falls under any of the following subparagraphs, the designation of the assistant may be revoked: |
| 1. | When any informant, etc. of a crime, his/her legal representative or relative, etc. requests the revocation of the designation of an assistant or the replacement of an assistant; |
| 2. | When an assistant is deemed unsuitable for providing help to an informant, etc. of a crime, including cases where he/she exerts an undue influence on the statements or testimonies of the informant, etc. of the crime. |
| (6) | The revocation of designation under paragraph (5) shall be determined by judical police officers, prosecutors or the court, depending on the progresses of the relevant cases. |
| (7) | When any judical police officer intends to designate an assistant or revoke the designation thereof, he/she shall report it to prosecutors, without delay, and obtain permission from them. |
| (8) | No objection may be raised against a decision to revoke the designation of an assistant under paragraph (6). |
| (9) | The designation of an assistant shall remain in effect until the relevant case is closed, unless the designation of an assistant is revoked under paragraph (5). |
| (10) | Travel expenses or other actual expenses may be paid to assistants, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11305, Feb. 10, 2012]
| Article 7 (Omission of Personal Information) |
| (1) | When any retaliation is likely to be taken against an informant, etc. of a crime or his/her relatives, etc., prosecutors or judicial police officers shall not enter information which identifies the informant, etc. of the crime, such as a name, age, address or occupation (hereinafter referred to as "personal information"), after mentioning the intent thereof in written records, etc., in preparing written records or other documents (hereinafter referred to as "written records, etc.") on reporting, etc. of crimes. <Amended by Act No. 12895, Dec. 30, 2014> |
| (2) | When judicial police officers do not enter all or part of the personal information of an informant, etc. of a crime in written records, etc., they shall report it to prosecutors, without delay. |
| (3) | Prosecutors or judicial public officers shall register personal information, which has not been mentioned in written records, etc., in the identity management cards of informants, etc. of crimes (hereinafter referred to as "identity management card"), in cases falling under paragraph (1). |
| (4) | When prosecutors or judicial public officers do not enter a name in written records, etc. under paragraph (1), they shall ensure that informants, etc. of crimes sign written records, etc. with their fictitious names, and a seal between pages or the affixture of a seal shall be made with a thumbprint. In such cases, the signatures of fictitious names shall have the same effect as those of real names. |
| (5) | Informants, etc. of crimes are not required to enter all or part of their personal information in preparing written statements, etc., after obtaining approval from prosecutors or judicial public officers. In such cases, the provisions of paragraphs (2) through (4) shall apply mutatis mutandis. |
| (6) | Informants, etc. of crimes or their legal representatives may request prosecutors or judicial public officers to take measures under paragraph (1). In such cases, prosecutors or judicial public officers shall comply with such requests, unless any extenuating circumstance exists. |
| (7) | Identity management cards shall be managed by prosecutors. |
| (8) | Necessary matters concerning the preparation, management, etc. of identity management cards shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11305, Feb. 10, 2012]
| Article 8 (Prohibition against Disclosing Personal Information) |
Except as provided in this Act, no one who knows an informant, etc. of a crime protected under this Act, shall divulge, disclose or report his/her personal information or the fact which helps people recognize an informant, etc. of a crime.
[This Article Wholly Amended by Act No. 11305, Feb. 10, 2012]
| Article 9 (Inspection of Identity Management Cards) |
| (1) | The court may request prosecutors to allow the inspection of identity management cards, when necessary for the trials of other cases. In such cases, a prosecutor, upon receiving such request, shall allow the inspection, unless informants, etc. of a crime or his/her relatives, etc. are likely to be retaliated. |
| (2) | The court may inspect identity management cards after explaining grounds therefor and obtaining permission from prosecutors, in cases falling under any of the following subparagraphs: Provided, That such inspection shall not be allowed, in cases where informants, etc. of a crime or his/her relatives, etc. are likely to be retaliated: |
| 1. | When the inspection of identity management cards is necessary for the investigation of other cases by prosecutors or judicial public officers; |
| 2. | When the inspection of identity management cards is necessary for the defense of the accused by defence attorneys; |
| 3. | When the inspection of identity management cards is necessary for public services, such as deliberation on the payment of rescue funds for informants, etc. of crimes under Article 14. |
| (3) | Suspects or defendants, or their defence attorneys, legal representatives, spouses, lineal relatives, brothers and sisters may apply for an interview with informants, etc. of crimes to prosecutors, when necessary for concluding an agreement with victims. |
| (4) | When an application for an interview is made under paragraph (3), prosecutors shall inform informants, etc. of crimes of such fact, without delay, and, when informants, etc. of crimes approve such interview, prosecutors may take measures to ensure that such interview can be made with informants, etc. of crimes or their representatives in an appropriate place, such as the office of prosecutors. |
| (5) | Defence attorneys who have applied for the inspection of identity management cards under paragraph (2) 2 and persons who have applied for an interview under paragraph (3) may raise an objection against the measures of refusal by prosecutors. |
| (6) | An objection under paragraph (5) shall be submitted in writing to the chief public prosecutor of the district public prosecutors' office (the head of a branch office, in cases of branch offices), to which the relevant prosecutor belongs. The chief public prosecutor or the head of a branch office, upon receiving the objection, shall allow the inspection of identity management cards or take measures to ensure that an interview can be conducted with informants, etc. of crimes or their representatives, if he/she deems that the objection is well-founded. |
[This Article Wholly Amended by Act No. 11305, Feb. 10, 2012]
| Article 10 (Shooting Films) |
| (1) | When a judge examines an informant, etc. of a crime as a witness under Article 184 or 221-2 of the Criminal Procedure Act, he/she may issue an order to shoot the processes as films, such as video tapes, either ex officio or upon request by prosecutors. |
| (3) | The statements of informants, etc. of crimes, which are included in films under paragraph (1), may be used as evidence. |
[This Article Wholly Amended by Act No. 11305, Feb. 10, 2012]
| Article 11 (Special Provisions on Summons or Examination of Witnesses) |
| (1) | When informants, etc. of crimes, whose personal information has not been mentioned in written records, etc. under Article 7, are summoned as witnesses, the writ of summons shall be served on prosecutors. |
| (2) | When summoned witnesses or their relatives, etc. are likely to be retaliated, the chief judge or a judge may allow the relevant court official of Grade IV or clerk to omit all or part of personal information of the relevant witnesses, after recording the purport thereof in the protocol of trial. In such cases, the chief judge or a judge may request prosecutors to prepare and manage the identity management cards of witnesses whose identity management cards have not been prepared. |
| (3) | The chief judge or a judge shall endeavor to ensure that the personal information of witnesses is not disclosed in the processes of the examination of witnesses, such as identification, witness oath or testimony, in cases falling under paragraph (2). In such cases, the identification of witnesses summoned under paragraph (1) shall be made by identity management cards presented by prosecutors. |
| (4) | When personal information is not mentioned in the protocol of trial under paragraph (2), the chief judge or a judge shall have informants, etc. of crimes sign fictitious names on and affix a thumbprint to written oaths. In such cases, the latter part of Article 7 (4) shall apply mutatis mutandis. |
| (5) | When any retaliation is likely to be taken against informants, etc. of crimes or their relatives, etc. summoned as witnesses, prosecutors, informants, etc. of crimes or their legal representatives may request the accused or audiences to leave the court or apply for the examination of witnesses in places, other than open court. |
| (6) | The chief judge or a judge may order the accused or audiences to leave the court or conduct the examination of witnesses in places, other than open court, either ex officio or when it is recognized that there are sufficient grounds for application under paragraph (5). In such cases, state-appointed defense counsel shall be appointed when no defence attorney is avaliable. |
[This Article Wholly Amended by Act No. 11305, Feb. 10, 2012]
| Article 12 (Consultations on Progression of Litigation) |
| (1) | When informants, etc. of crimes or their relatives, etc., are likely to be retaliated, the court may consult with prosecutors or defence attorneys on the designation of a trial date of the relevant accused or other matters necessary for the progression of litigations. |
| (2) | Consultations under paragraph (1) shall be held to the minimum extent necessary for the progression of litigations and they shall not exert any influence on judgement. |
[This Article Wholly Amended by Act No. 11305, Feb. 10, 2012]
| Article 13 (Personal Safety Measures) |
| (1) | When informants, etc. of crimes or their relatives, etc. are likely to be retaliated, prosecutors or the chief of a police station may order public officials belonging to the relevant prosecutors' office or police station to take measures necessary for personal safety (hereinafter referred to as "personal safety measures") during a specific time, or request the chief of a police station having jurisdiction over the dwelling places or current locations of the relevant persons to take personal safety measures. In such cases, the chief of a police station, upon receiving a request, shall take personal safety measures, without delay, unless any extenuating circumstance exists. |
| (2) | The chief judge or a judge may request prosecutors to take measures under paragraph (1) in the processes of preparation or progression of a trial. |
| (3) | Informants, etc. of crimes, their legal representatives or relatives, etc. may request the chief judge, prosecutors or the chief of a police station having jurisdiction over their dwelling places or current locations, to take measures under paragraph (1). |
| (4) | When the chief of a police station takes personal safety measures, he/she shall inform prosecutors of such fact, as prescribed by Presidential Decree. |
| (5) | Necessary matters concerning the procedures for personal safety measures under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 12895, Dec. 30, 2014> |
[This Article Wholly Amended by Act No. 11305, Feb. 10, 2012]
| Article 13-2 (Kinds of Personal Safety Measures) |
The kinds of personal safety measures are as follows:
| 1. | Providing shelter in a specific facility for a specific time; |
| 2. | Assigning a bodyguard for a specific time; |
| 3. | Accompanying an informant to and from the location where he/she testifies as a person for reference or a witness; |
| 4. | Residential protection such as periodic patrol over the relevant person’s dwelling places or installation of closed-circuit televisions; |
| 5. | Any other measures deemed necessary for personal safety as prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12895, Dec. 30, 2014]
| Article 14 (Rescue Funds for Informants, etc. of Crimes) |
| (1) | When informants, etc. of crimes or their relatives, etc. have suffered significant economic loss or mental pain, or paid or needs to pay expenses incurred in moving or changing an occupation, etc. due to any possible retaliation against them, the State may pay rescue funds for informants, etc. of crimes, upon request by informants, etc. of crimes, their legal representatives or relatives, etc. (hereinafter referred to as "rescue funds"). |
| (2) | The amount of rescue funds shall be determined within the extent prescribed by Presidential Decree, in consideration of the danger of retaliation, the occupation, status, living standards, economic loss or mental suffering of the relevant victims, expenses or other necessary matters. |
| (3) | A Council on Rescue of Informants, etc. of Crimes (hereinafter referred to as the "Council") shall be established under the control of each district public prosecutors' office, so as to deliberate on and determine matters concerning the payment of rescue funds. |
| (4) | Each Council shall be supervised and controlled by the Minister of Justice. |
| (5) | Each Council may investigate applicants or other relevant persons, or ask administrative agencies or public or private organizations about necessary matters, when necessary for deliberating on or determining matters concerning the payment of rescue funds. In such cases, administrative agencies or public or private organizations shall comply with such request, unless any extenuating circumstance exists. |
| (6) | Necessary matters concerning the composition and operation of a Council and the payment of rescue funds shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11305, Feb. 10, 2012]
| Article 15 (Notification of Major Changes Related to the Accused, etc.) |
When informants, etc. of crimes or their relatives, etc., are likely to be retaliated, prosecutors or judicial public officers may inform informants, etc. of crimes, their legal representatives or relatives, etc. of changes related to the trials or whereabouts of suspects or the accused, including the details of disposition by judicial public officials, prosecutors or the court, with regard to the arrest, confinement or release of suspects or the accused, date of a sentence, details of a sentence and release or escape from correctional facilities due to provisional release, suspension of execution, expiration of a sentence, termination of security disposition, either ex officio or upon request by informants, etc. of crimes, their legal representatives or relatives, etc.
[This Article Wholly Amended by Act No. 11305, Feb. 10, 2012]
| Article 16 (Reduction of or Exemption from Punishment of Informants, etc. of Crimes) |
When any person is found to commit a crime after reporting, etc. a crime, his/her punishment may be reduced or exempted.
[This Article Wholly Amended by Act No. 11305, Feb. 10, 2012]
| Article 17 (Penalty Provisions) |
| (1) | Any person who violates Article 8 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. |
[This Article Wholly Amended by Act No. 14413, Dec. 20, 2016]
ADDENDUM
This Act shall enter into force on June 1, 2000.
ADDENDA <Act No. 7427, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8719, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 9139, Dec. 19, 2008>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 11305, Feb. 10, 2012>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 12895, Dec. 30, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14071, Mar. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 14413, Dec. 20, 2016>
This Act shall enter into force on the date of its promulgation.