ENFORCEMENT DECREE OF THE PUNISHMENT OF MINOR OFFENSES ACT
Wholly Amended by Presidential Decree No. 24404, Mar. 18, 2013
Amended by Presidential Decree No. 24814, Oct. 30, 2013
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 27346, Jul. 19, 2016
Presidential Decree No. 28215, Jul. 26, 2017
| Article 2 (Scope of Offenses and Amounts of Penalties) |
| Article 3 (Notification, etc. for Payment of Penalty) |
| (1) | When the chief of a police station or coast guard station, the Jeju Special Self-Governing Province Governor, or the chief of the Railroad Police (hereinafter referred to as the “chief of a police station, etc.”) notifies any person deemed an offender under Article 7 of the Act of penalty payment, he/she shall issue a written notification for payment of penalty wherein the following matters are stated along with a receipt of penalty payment and a written notice for payment of penalty and shall enter the details of such notice in the original register of written notices for payment of penalty issued and prepare a report on offender exposure: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| 1. | Personal details of the person subject to a disposition of notification; |
| 2. | Details of the offense and applicable legal provisions; |
| 3. | Amount of and period for payment of, a penalty; |
| 4. | Date of the disposition of notification. |
| (2) | When the chief of a police station, etc. has taken a disposition of notification under paragraph (1), he/she shall record the details of such disposition in a register of dispositions of notification or electronically store and manage the same through electronic media. |
| (3) | When the chief of a police station or coast guard station who has issued a written notification for payment of penalty to a person deemed an offender residing outside the jurisdiction of the relevant police station, fails to confirm whether the person in receipt of the notification for payment of penalty has paid the penalty, by the fifth day following the last day of the relevant period for payment under Article 8 (2) of the Act (hereinafter referred to as “expiration date of the period for payment”); he/she shall send a copy of the report on offender exposure prepared under paragraph (1), within three days after the said five-day period, to the chief of the police station or coast guard station having jurisdiction over the place of domicile of the offender. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| Article 4 (Payment, etc. of Penalties) |
| (1) | Any person in receipt of a notification for payment under Article 3 (1) shall pay the penalty, under Article 8 (1) of the Act, to the Commissioner General of the National Police Agency, the Commissioner of the Korea Coast Guard or the chief of the Railroad Police or branch or agent office thereof; to a post office; or to the financial institution designated by the Jeju Special Self-Governing Province Governor or a branch thereof (hereinafter referred to as “receiving agencies”); after presenting thereto, a receipt of penalty payment and a written notice for payment of penalty issued under the same paragraph. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (2) | No penalty shall be paid in installments. |
| (3) | Any receiving agency in receipt of a penalty payment under paragraph (1) shall return the receipt of penalty payment presented under the same paragraph to the payer of the penalty, after confirming the penalty payment. |
| (4) | A receiving agency in receipt of a penalty payment shall notify, without delay, the chief of the relevant police station, etc. who has made the notification for payment of penalty, of the receipt of the penalty payment through electronic media, etc. |
| Article 4-2 (Methods of Payment of Penalties by Using Credit Cards, etc.) |
| (1) | “Penalty-payment service provider prescribed by Presidential Decree” in the former part of Article 8-2 (1) of the Act means either of the following institutions: |
| 1. | The Korea Financial Telecommunications and Clearings Institute established with the permission of the Financial Services Commission pursuant to Article 32 of the Civil Act; |
| 2. | An institution designated and publicly announced by the Commissioner General of the National Police Agency as a penalty-payment service provider, in consideration of facilities, capabilities to provide services, the size of capital, etc., thereof. |
| (2) | A service fee for payment of penalty under Article 8-2 (3) of the Act shall be approved by the Commissioner General of the National Police Agency, in consideration of all factors, including operational expenses of a penalty-payment service provider and the fee shall not exceed 15/1,000 of the amount of the relevant penalty (including the amount imposed under Article 8 (2) of the Act.) |
[This Article Newly Inserted by Presidential Decree No. 27346, Jul. 19, 2016]
| Article 5 (Keeping Register of Matters concerning Penalty Collection) |
The chief of a police station, etc. in receipt of notification of receipt of a penalty payment by a receiving agency under Article 4 (4), shall record the matters concerning the collection of the penalty in a register of penalty collection or electronically store and manage the same through electronic media.
| Article 6 (Treatment of Persons Subject to Summary Trials) |
| (1) | The chief of a police station, etc. (excluding the chief of the Railroad Police; hereafter the same shall apply in this Article) shall, without delay, issue a written summons to a summary trial stating the following matters to a person referred to in Article 9 (1) 1 of the Act: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27346, Jul. 19, 2016> |
| 1. | Personal details of the person subject to summary trial; |
| 2. | Details of the offense and applicable legal provisions; |
| 3. | Date and place for attendance at the summary trial. |
| (2) | The chief of a police station, etc. shall issue a written summons to a summary trial stating the matters specified in subparagraphs of paragraph (1) and the information that the person will not be required to undergo a summary trial if he/she pays an amount computed by adding 50/100 of the original amount of penalty to the said amount of penalty (hereinafter referred to as “penalty, etc.”) pursuant to the proviso to Article 9 (1) of the Act, to a person referred to in Article 9 (1) 2 of the Act (hereinafter referred to as “person failing to comply with a disposition of notification”), within 30 days from the expiration date of the period for payment, along with a receipt of penalty payment, etc. and a written notice for payment of penalty, etc. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27346, Jul. 19, 2016 > |
| (3) | Where a summary trial has not proceeded due to the failure to appear by the person in receipt of the written summons to the summary trial under paragraphs (1) and (2), the chief of the relevant police station, etc. shall set a further date and place for appearance at a summary trial and shall, without delay, issue a written notice compelling attendance at a summary trial stating the matters specified in paragraph (1) or (2) to the person subject to the summary trial, and when issuing a written notice compelling attendance at a summary trial to a person failing to comply with a disposition of notification, he/she shall issue a receipt of payment of penalty, etc. and a written notice for payment of penalty, etc. as well. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27346, Jul. 19, 2016> |
| (4) | In the case of a person failing to comply with a disposition of notification, the date for appearance at the summary trial under paragraph (2) shall not be later than 40 days after the expiration date of the period for payment, and the date for appearance at the summary trial under paragraph (3) shall not be later than 60 days after the expiration date of the period for payment, except in extenuating circumstances, such as where a summary trial cannot proceed due to circumstances on the part of the court. |
| (5) | Where the chief of a police station, etc. intends to request a summary trial under Article 9 (1) of the Act, he/she shall submit to the competent court, a written request for summary trial after preparing a report on offender exposure for summary trial. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27346, Jul. 19, 2016> |
| Article 7 (Notification, etc. of Exposure of Persons subject to Summary Trials by Chief of Railroad Police) |
| (1) | The chief of the Railroad Police shall immediately issue to a person referred to in any subparagraph of Article 7 (1) of the Act, a written forenotice for a summary trial to inform that the person will receive a written summons to a summary trial and shall prepare a written notification of the exposure of a person subject to a summary trial and give the notification to the chief of the competent police station or coast guard station. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27346, Jul. 19, 2016; Presidential Decree No. 28215, Jul. 26, 2017> |
| (2) | Where it is not confirmed that a person in receipt of a written notification for payment of penalty has paid the penalty, the chief of the Railroad Police shall immediately send a copy of the report on offender exposure under Article 3 (1) to the chief of the relevant police station or coast guard station having jurisdiction over the place of domicile of the offender, within five days from the expiration date of the period for payment. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27346, Jul. 19, 2016; Presidential Decree No. 28215, Jul. 26, 2017> |
| Article 8 (Requests, etc. for Data) |
| (1) | The chief of a police station or coast guard station in receipt of a copy of a report on offender exposure under Articles 3 (3) and 7 (2) may request that the chief of a police station, etc. who has sent the copy of the report on offender exposure, provide data necessary for the request for a summary trial of a person in receipt of a written notification for payment of penalty. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (2) | The chief of a police station or coast guard station in receipt of a copy of a report on offender exposure under Articles 3 (3) and 7 (2) shall record relevant matters in a register of the receipt of dispositions of notification or electronically store and manage the same through electronic media. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| Article 9 (Management of Sensitive Information and Personally Identifiable Information) |
When it is inevitable for performing affairs concerning a penalty prescribed in the Act and this Decree, the chief of a police station, etc. may manage information constituting criminal records under subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act and data containing resident registration numbers, passport numbers, or alien registration numbers referred to in subparagraph 1, 2, or 4 of Article 19 of the same Decree.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on March 22, 2013.
Article 2 (Transitional Measures concerning Imposition of Penalties)
The previous provisions shall govern the imposition of a penalty for any offense committed before this Decree enters into force.
ADDENDUM <Presidential Decree No. 24814, Oct. 30, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 27346, Jul. 19, 2016>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 4-2 shall enter into force on July 23, 2016.
ADDENDA <Presidential Decree No. 28215, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.