ACT ON THE PROCEEDINGS FOR SUMMARY JUDGMENTS
Wholly Amended by Act No. 4131, jun. 16, 1989
Amended by Act No. 4398, Nov. 22, 1991
Act No. 4765, Jul. 27, 1994
Act No. 5153, Aug. 8, 1996
Act No. 8730, Dec. 21, 2007
Act No. 9831, Dec. 29, 2009
Act No. 12844, Nov. 19, 2014
Act No. 14839, Jul. 26, 2017
The purpose of this Act is to provide the procedure related to summary judgments for the adjudication by speedy and adequate proceedings against the criminal acts the evidence of which crimes are obvious and which criminal quality is minor. <Amended by Act No. 4765, Jul. 7, 1994>
| Article 2 (Object of Summary Judgments) |
The judge of district court, branch court, or Si/Gun court (hereinafter referred to as the "judge") may impose a fine not exceeding two hundred thousand won, penal detention, or minor fine to the defendant under the proceedings for the summary judgments. <Amended by Act No. 4765, Jul. 7, 1994>
| Article 3 (Access to Summary Judgments) |
| (1) | The summary judgments shall be claimed by the chief of the competent police station or the chief of the competent coast guard station (hereinafter referred to as "chief of police station") to the court that has jurisdiction. <Amended by Act No. 4398, Nov. 22, 1991; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | To claim the summary judgment, a written claim for summary judgment shall be submitted. In the written claim for summary judgment, there shall be recorded the name of the defendant or other matters with which the defendant may be specified, name of the crime, criminal fact, and applicable provisions. |
| (3) | Where claiming the summary judgment, necessary matters for understanding the procedures for the summary judgement shall be notified to the defendant in advance in writing or orally. <Newly Inserted by Act No. 9831, Dec. 29, 2009> |
| Article 3-2 (Special Regulation on Jurisdiction) |
The judge of district court or its branch court may, upon the order of the chief of the district court to which the judge belongs, adjudicate the case of claim for summary judgment disregarding the affairs of the court to which the judge belongs.
[This Article Newly Inserted by Act No. 4765, Jul. 27, 1994]
| Article 4 (Submission of Document and Articles of Evidence) |
The chief of police station shall, simultaneously with the claiming of a summary judgment, submit documents and articles of evidence necessary for the summary judgment.
| Article 5 (Rejection, etc. of Claim) |
| (1) | The judge, when deemed that the case cannot be adjudicated by summary judgment or that the case is not adequate to adjudicate under the summary judgment proceedings, shall reject the claim for summary judgment by decision. |
| (2) | When the decision set forth in paragraph (1) has been made, the chief of the police station shall forward the case to the chief of the competent district public prosecutor's office or its branch office without delay. |
Where there is a claim for summary judgment, the judge shall immediately start the adjudication except the case falling under Article 5 (1).
| (1) | The trial and judicial sentence under the summary judgment proceedings shall be conducted in the open courtroom, and the open courtroom shall be located at the other place than the place where the police station (including a coast guard station) is located. <Amended by Act No. 5153, Aug. 8, 1996; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The session shall be opened by the attendance of the judge and the court officer Grade IV, V, VI or VII. (hereinafter referred to as the "court clerical officer, etc.") <Amended by Act No. 4398, Nov. 22, 1991> |
| (3) | Notwithstanding paragraphs (1) and (2), the judge may, if any reasonable ground exists, adjudicate only on the basis of the statement made by the defendant, document and articles of evidence set forth in Article 4 without opening the session: Provided, That the judge may not do so in case of imposing the sentence of penal detention. |
| Article 8 (Attendance of Defendant) |
Where the defendant is absent at the trial date, the session may not be opened except otherwise provided in this Act or other Acts.
[This Article Wholly Amended by Act No. 4398, Nov. 22, 1991]
| Article 8-2 (Judgment by Default) |
| (1) | In case of sentencing a fine or minor fine, adjudication may be possible in the absence of the defendant. |
| (2) | The defendant or the person who has received the notice of attending the summary judgment proceedings (hereinafter referred to as the "defendants, etc.") may ask judgment by default, and in case the court permitted this, the adjudication is possible despite the absence of defendants from the session. |
| (3) | The matters necessary for the request for the judgment by default and the procedure for the permission thereof under paragraph (2), shall be determined by the Supreme Court Regulations. |
[This Article Newly Inserted by Act No. 4398, Nov. 22, 1991]
| Article 9 (Hearing at Trial Date) |
| (1) | The judge shall notify the defendant of the contents of the latter's case and the right to remain silent set forth in Article 283-2 of the Criminal Procedure Act, and shall give the defendant an opportunity to defend himself/herself. <Amended by Act No. 8730, Dec. 21, 2007> |
| (2) | The judge, if necessary, may investigate the evidence existing in the courtroom through adequate methods. |
| (3) | The defense counsel may attend the trial date and join in the evidence investigation under paragraph (2) and may state its opinion. |
| Article 10 (Admissibility of Evidence) |
| Article 11 (Sentence of Summary Judgments) |
| (1) | When sentencing guilty under the summary judgment, the punishment, criminal fact, and the applied provisions shall be stated clearly, and the fact that the defendant may apply for a regular trial within 7 days shall be notified. <Amended by Act No. 4398, Nov. 22, 1991> |
| (2) | The court clerical officer, etc. who attended at the sentencing session shall record the contents of the sentence set forth in paragraph (1). <Amended by Act No. 4398, Nov. 22, 1991> |
| (3) | In case the defendant stated the defendant''s intention to apply for the regular trial to the judge, the court clerical officer, etc. shall record it in the record set forth in paragraph (2). |
| (4) | In case of Article 7 (3) or 8-2, the court clerical officer, etc. shall notify the defendant thereof by serving a copy of the written summary judgment stating that the defendant may apply for a regular trial within seven days on the defendant: Provided, That in case of Article 8-2 (2), if the defendant, etc. indicates that he need not to be served the written summary judgement in advance, the above provision shall not apply. <Amended by Act No. 4398, Nov. 22, 1991> |
| (5) | The judge may, if the defendant is found not guilty or due to be acquitted or to be dismissed from prosecution, sentence and notify so. |
| Article 12 (Summary Judgment) |
| (1) | On a summary judgment finding the defendant guilty, the name of the defendant and other matters which might specify the defendant, operative clause, criminal facts, and applicable provisions shall be stated clearly, and the judge should put his signature and seal on it. |
| (2) | In case the defendant confessed the criminal facts and gave up the application for the regular trial, the drawing up of the record set forth in Article 11 shall not be made, and the sentence text and applicable provisions should be stated clearly and the judge shall put his name and seal on the summary judgment. |
| Article 13 (Keeping Summary Judgment) |
When the adjudication of summary judgment becomes final, related documents and articles of evidence shall be kept by the competent police station or competent regional coast guard station. <Amended by Act No. 5153, Aug. 8, 1996; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
| Article 14 (Application for Regular Trial) |
| (1) | A defendant who desires to apply for regular trial should submit the regular trial application document to the chief of police station within seven days from the day of the sentence and notice thereof. The chief of police station who has received the above document should, without delay, forward it to the judge. <Amended by Act No. 4398, Nov. 22, 1991> |
| (2) | In case falling under Article 11 (5), the chief of police station may apply for regular trial within seven days from the day of the sentence and notice thereof. In this case, the chief of police station shall submit the regular trial application document after obtaining approval from the public prosecutor (hereinafter referred to as the "prosecutor") of the competent district public prosecutor''s office or its branch office. <Amended by Act No. 4398, Nov. 22, 1991> |
| (3) | The judge shall forward the records of the case, including the regular trial application document and articles of evidence to the chief of police station within seven days after receiving the regular trial application document, the chief of police station shall, without delay, send them to the chief prosecutor of the competent district public prosecutor''s office or its branch office of jurisdiction and the chief prosecutor of the competent district public prosecutor''s office or its branch office shall forward them to the competent court. <Amended by Act No. 4398, Nov. 22, 1991> |
| Article 15 (Invalidation of Summary Judgment) |
A summary judgment shall be invalidated when there is an application for a regular trial.
| Article 16 (Effect of Summary Judgment) |
The summary judgment shall have the same force as the final and conclusive judgment through the lapse of the application period for the regular trial, renunciation of right to apply for the regular trial, or dropping of the application for the regular trial. The same shall be applied in case where the adjudication rejecting the application for the regular trial has been finalized.
| Article 17 (Detention Order) |
| (1) | The judge may order to detain the defendant at a detention cell of the police station (including a detention cell of a regional coast guard station ; hereinafter the same shall apply) for the period not exceeding five days in case the defendant has no constant address or is found apt to flee: Provided, That the period shall not exceed the sentenced period. <Amended by Act No. 5153, Aug. 8, 1996; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The period of already executed detention executed shall be included in the execution of main punishment. |
| Article 18 (Execution of Punishment) |
| (1) | The execution of punishment shall be conducted by the chief of police station, who shall immediately report to the prosecutor the results of the execution. |
| (2) | Penal detention shall be executed at the house of detention at the police station, detention house, or correctional institution. in case executed at the detention house or correctional institution, the public prosecutor shall supervise the execution. |
| (3) | In case the execution of fine, minor fine, and confiscation has been terminated, it should be immediately transferred to the prosecutor: Provided, That, in case the execution is impossible within a reasonable period after the finalizations of summary judgment, it shall be notified to the prosecutor. The prosecutor who has been notified thereof may execute under Article 477 of the Criminal Procedure Act. |
| (4) | For the suspension of execution, one shall obtain the prosecutor''s permission in advance. |
| Article 19 (Application Mutatis Mutandis of Criminal Procedure Act) |
Pertaining to the summary judgment proceedings the provisions of the Criminal Procedure Act shall be applied mutatis mutandis within the limits of not being contrary to their nature except as otherwise provided in this Act.
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures on Order to Forward) The order to forward under the previous provision at the time when this Act enters into force shall be considered as the rejection of application under Article 5 of this Act. |
| (3) | (Transitional Measures on Application for Regular Trial) The application for the regular trial against the summary judgment sentenced and notified before the enforcement of this Act shall be governed by the previous provisions. |
ADDENDA <Act No. 4398, Nov. 22, 1991>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) Pertaining to the cases pending the court at the time when this Act enters into force, this Act shall be applicable mutatis mutandis. |
ADDENDA <Act No. 4765, Jul. 27, 1994>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on March 1, 1995: Provided, That (omitted) Article 4 of the Addenda (omitted) shall enter into force on September 1, 1995. |
Articles 2 (Transitional Measures concerning Administrative Case)
A case of a region where an administrative court is not established but under the jurisdiction of an administrative court as at the time provisions concerning an administrative court under the proviso to Article 1 (1) of the Addenda enter into force shall be subject to the jurisdiction of a district court in the relevant region until an administrative court is established.
Articles 3 (Transitional Measures concerning Si/Gun Court)
A case pending in a circuit tribunal as at the time provisions concerning Si/Gun courts referred to proviso to Article 1 (1) of the Addenda enter into force shall be deemed pending in Si/Gun court pursuant to this Act.
Article 3-2 shall be newly inserted as following.
Articles 3-2 (Special Regulation on Jurisdiction)
A judge belonging to a district court or its branch may adjudicate a case for which summary judgement is claimed by receiving an order from the chief of the relevant district court regardless of affairs under jurisdiction thereof.
Articles 4 Omitted.
Articles 5 (Relations to Other Acts)
| (1) | Circuit tribunal prescribed by other Acts as at the time provisions concerning Si/Gun court under proviso to Article 1 (1) of Addenda enter into force shall be deemed Si/Gun pursuant to provisions of this Act. |
| (2) | A court investigator prescribed by other Acts as at the time the amendments to Articles 42-4 and 54 under Article 1 (2) of the Addenda enter into force shall be deemed a judicial assistant official under this Act. |
| (3) | A court clerk under other Acts as at the time this Act enters into force shall be deemed a court guard pursuant to this Act. |
Articles 6 Omitted.
ADDENDA <Act No. 5153, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of the enforcement of the Presidential Decree on the organization of the Ministry of Maritime Affairs and Fisheries and the National Maritime Police Agency as prescribed in the amended provisions of Article 41 within 30 days after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 8730, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 9831, Dec. 29, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among Acts amended pursuant Article 6 to the addenda, the amendment to the Acts which was promulgated before this Act enters into force, but the enforcement date of which has not arrived shall enter into force on the date the relevant Acts enter into force.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among Acts amended pursuant Article 5 to the addenda, the amendment to the Acts which was promulgated before this Act enters into force, but the enforcement date of which has not arrived shall enter into force on the date the relevant Acts enter into force.
Articles 2 through 6 Omitted.