ACT ON PHARMACOLOGIC TREATMENT OF SEX OFFENDERS' SEXUAL IMPULSES
Act No. 10371, Jul. 23, 2010
Amended by Act No. 11005, Aug. 4, 2011
Act No. 11556, Dec. 18, 2012
Act No. 11557, Dec. 18, 2012
Act No. 13766, Jan. 19, 2016
Act No. 14224, May 29, 2016
Act No. 14970, Oct. 31, 2017
Act No. 15254, Dec. 19, 2017
Act No. 16915, Feb. 4, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prevent recidivism of sex crime by sexually deviant patients who have committed sex offenses and who are deemed likely to commit a sex crime again and to promote their return to the society, by providing them with pharmacologic treatment. <Amended by Act No. 11557, Dec. 18, 2012>
The terms used in this Act are defined as follows: <Amended by Act No. 11005, Aug. 4, 2011; Act No. 11556, Dec. 18, 2012; Act No. 13766, Jan. 19, 2016; Act No. 14970, Oct. 31, 2017; Act No. 15254, Dec. 19, 2017>
| 2. | The term "sexual assault" means any of the following crimes: |
| (c) | Crimes prescribed in Articles 297, 297-2 , 298 , 299 , 300 , 301 , 301-2, 302, 303 , 305 , 339 , 340 (3) , and 342 of the Criminal Act; |
| (d) | Crimes under items (a) through (c), for which punishment is aggravated as prescribed by other statutes; |
| 3. | The term "pharmacologic treatment of sex impulse" (hereinafter referred to as "pharmacologic treatment") means treatment to suppress abnormal sexual impulses or desire, which is conducted by administering medication and psychotherapy, etc. to sexual deviants for weakening or normalizing sexual function. |
| Article 3 (Requirements for Pharmacologic Treatment) |
Pharmacologic treatment shall meet the following requirements:
| 1. | It must suppress or weaken abnormal sexual impulse or desire and must be medically well known; |
| 2. | It must not cause excessive physical side effects; |
| 3. | It must be performed according to well known medical procedures. |
CHAPTER II REQUESTS AND JUDGMENT FOR ORDERS FOR PHARMACOLOGIC TREATMENT
| Article 4 (Requests for Medical Treatment Order) |
| (1) | A prosecutor may request a court to issue an order for pharmacologic treatment (hereinafter referred to as "medical treatment order") to a person aged 19 or more who is a sexual deviant, has committed sexual assault against a person, and is deemed likely to recommit sexual assault. <Amended by Act No. Act No. 11557, Dec. 18, 2012> |
| (2) | A prosecutor shall request a medical treatment order after a person subject to a medical treatment order (hereinafter referred to as "recipient of medical treatment order") is diagnosed or assessed by a mental health professional. <Amended by Act No. 11005, Aug. 4, 2011> |
| (3) | The request for a medical treatment order pursuant to paragraph (1) shall be made by the time of closing of oral proceedings at the appellate trial of a sex assault case (hereinafter referred to as "accused case") for which public prosecution has been instituted or for which medical treatment in custody has been separately requested. |
| (4) | Where the court deems it necessary to give a medical treatment order as a result of trial for the accused case, the court may ask the prosecutor to request a medical treatment order. |
| (5) | No medical treatment order shall be requested, after 15 years have passed from the time public prosecution is instituted or medical treatment in custody is separately requested without final and conclusive judgment on the accused case. |
| (6) | Matters necessary for diagnosis and assessed by mental health professionals pursuant to paragraph (2) shall be prescribed by Presidential Decree. <Amended by Act No. 11005, Aug. 4, 2011> |
| (1) | Where deemed necessary to request a medical treatment order, a prosecutor may request the head of a probation office (including a branch office; hereinafter the same shall apply) having jurisdiction over the place of residence of the recipient of a medical treatment order or over the place of location of the prosecutor's office (including a branch office; hereinafter the same shall apply) with which he or she is affiliated to investigate into necessary matters relating to a recipient, such as the motive of crime, relationship with victims, state of mind, probability of recidivism, etc. |
| (2) | The head of a probation office who has been requested as prescribed in paragraph (1) shall designate a probation officer to make an investigation. |
| (3) | The probation officer who has been designated as prescribed in paragraph (2) shall make an investigation into necessary matters under the direction of the prosecutor without delay and submit an investigation report to the prosecutor. |
| Article 6 (Jurisdiction over Requests for Medical Treatment Orders) |
| (1) | The jurisdiction over a request for a medical treatment order shall be in accordance with the jurisdiction of the accused case tried simultaneously with the request for medical treatment order. |
| (2) | The first trial for requests for a medical treatment order shall be under the jurisdiction of the collegiate division of a district court (including the collegiate division of a branch of district court; hereinafter the same shall apply). |
| Article 7 (Matters to Be Stated in Requests for Medical Treatment Order) |
| (1) | The following matters shall be stated in a request for medical treatment orders: |
| 1. | Name of the recipient of medical treatment orders and details by which the recipient of medical treatment orders can be identified; |
| 2. | The fact that constitutes a cause of request; |
| 3. | Relevant legal provisions; |
| 4. | Other matters specified by Presidential Decree. |
| (2) | Upon receipt of a request for medical treatment order, the court shall, without delay, serve a duplicate of the request for medical treatment order on the recipient of medical treatment order or on his or her defense counsel. In such cases, if a request for medical treatment order is made simultaneously with the institution of a public prosecution or with an independent request for medical treatment in custody, the court shall serve it by no later than five days before the first trial date, and if a request for medical treatment order is made while the accused case is being tried, the court shall serve it no later than five days before the next trial date. |
| Article 8 (Judgment of Medical Treatment Order) |
| (1) | If a court deems that a request for medical treatment order has reasonable grounds, it shall issue a medical treatment order, specifying a treatment period up to 15 years. |
| (2) | The person who is sentenced to a medical treatment order (hereinafter referred to as "person issued with a medical treatment order") shall be placed under probation as prescribed by the Act on Probation, Etc. while being medically treated. |
| (3) | The court shall dismiss a request for medical treatment order by judgment in any of the following subparagraphs: |
| 1. | When the court finds that a request for medical treatment order is groundless; |
| 2. | When the court declares by judgment or decision that such person is not guilty (excluding cases in which medical treatment in custody is issued for reasons of insanity) or is acquitted of public action, or public action thereon is dismissed; |
| 3. | When the court imposes a fine for the accused allegation; |
| 4. | When the court suspends the sentence of the accused case or sentences suspension of execution. |
| (4) | The sentencing on a request for medical treatment order shall be made simultaneously with the judgment of the accused allegation. |
| (5) | The reasons for judgment of sentence of medical treatment order shall clearly indicate facts constituting requirements, main points of evidence and applicable provisions. |
| (6) | No sentence of medical treatment order shall be considered favorably in weighing the judgment of the accused allegation. |
| (7) | Where an appeal, waiver of appeal or withdrawal of appeal pursuant to the Criminal Procedure Act against the sentence of the accused allegation exists, an appeal, waiver of appeal or withdrawal of appeal against the sentence of the case of request for medical treatment order shall be deemed to exist. The same shall apply to a request for the reinstatement of a right to appeal, request for retrial or extraordinary appeal. |
| (8) | The prosecutor, recipient of medical treatment order and the person prescribed in Articles 340 and 341 of the Criminal Procedure Act may lodge, waive or withdraw an appeal pursuant to the Criminal Procedure Act independently from the medical treatment order. The same shall apply to the request for the reinstatement of a right to appeal, request for retrial or extraordinary appeal. |
[Nonconformity to the Constitution, 2013 Hun-Ga 9, Jun. 23, 2015, Article 8 (1) of the Military Service Act (Amended by Act No. 10371, July 23, 2010 is inconsistent with the Constitution. Aforesaid provision shall be applicable until the amendment to be made by a legislator, not later than December 31, 2017]
| Article 8-2 (Application for Exemption from Execution of Medical Treatment Order) |
| (1) | A person sentenced to imprisonment with labor along with a medical treatment order or the person's legal representative may file an application for exemption from execution of the medical treatment order with the district court (including branch court; hereinafter the same shall apply) having jurisdiction over the place of residence or current location of the person, on the grounds that the person is not liable to committing another sexual assault because he or she has improved to the extent of not requiring the execution of the medical treatment order: Provided, That the application for such exemption shall not be filed while the person sentenced to imprisonment with labor along with a medical treatment order is being given medical treatment in custody. |
| (2) | The application pursuant to the main clause of paragraph (1) shall be filed between nine and twelve months before the completion of the execution of imprisonment with labor for the crime that has caused a medical treatment order: Provided, That where the execution of imprisonment with labor is not completed due to the commission of a crime other than the one that has caused a medical treatment order, the application shall be filed between nine and twelve months before the execution of the imprisonment with labor is completed. |
| (3) | When a person sentenced to imprisonment with labor along with a medical treatment order files an application for exemption from execution of the medical treatment order pursuant to the main clause of paragraph (1), he or she shall submit the application accompanied by materials that may serve as reference in the examination of such exemption. |
| (4) | Upon receipt of the application pursuant to the main clause of paragraph (1), the court shall decide whether to grant exemption from execution of a medical treatment order by no later than three months before the execution of imprisonment with labor is completed. |
| (5) | When necessary for making the decision pursuant to paragraph (4), the court may request the head of a probation office having jurisdiction over the location of the court to investigate into necessary matters, such as prison records, state of mind, and probability of recidivism of the person issued with a medical treatment order. In such cases, Article 5 shall apply mutatis mutandis to the investigation, and the “prosecutor” shall be construed as the “court.” |
| (6) | When necessary for making a decision pursuant to paragraph (4), the court may require the person issued with a medical treatment order to be diagnosed or assessed by a mental health professional. |
| (7) | Article 6 (2) shall apply mutatis mutandis to the jurisdiction over an application for exemption from execution of a medical treatment order pursuant to paragraph (1). |
| (8) | A person sentenced to imprisonment with labor along with a medical treatment order or the person's legal representative may lodge an appeal against the decision under paragraph (4). |
| (9) | Article 22 (5) through (11) shall apply mutatis mutandis to the appeal lodged under paragraph (8). In such cases, an “inmate convicted of sexual assault” shall be construed as a “person issued with a medical treatment order.” |
[This Article Newly Inserted by Act No. 15254, Dec. 19, 2017]
| Article 8-3 (Exemption from Execution of Medical Treatment Order by Medical Treatment and Custody Deliberation Committee) |
| (1) | Where the Medical Treatment and Custody Deliberation Committee under Article 37 of the Act on Medical Treatment and Custody, Etc. (hereinafter referred to as “Medical Treatment and Custody Deliberation Committee”) determines to permanently or provisionally terminate the medical treatment and custody or to entrust medical treatment pursuant to Article 22 or 23 of the said Act with respect to a person issued with a medical treatment order from among persons under medical treatment and custody pursuant to Article 16 (1) of the said Act (limited to a person under medical treatment and custody who has no remaining term of imprisonment with labor or has a remaining term of imprisonment with labor of less than nine months, where the person is sentenced to imprisonment with labor along with a medical treatment order), it shall decide on the exemption from execution of the medical treatment order if such execution is deemed unnecessary. |
| (2) | When necessary for making a decision pursuant to paragraph (1), the Medical Treatment and Custody Deliberation Committee may require a person issued with a medical treatment order to be diagnosed or assessed by a mental health professional. |
[This Article Newly Inserted by Act No. 15254, Dec. 19, 2017]
| Article 8-4 (Notification of Decision on Exemption from Execution of Medical Treatment Order) |
When a decision on the exemption from execution of a medical treatment order has been made pursuant to Article 8-2 (4) or 8-3 (1), the court or the Medical Treatment and Custody Deliberation Committee shall send a certified copy of the written decision without delay to the applicant or person under medical treatment and custody, the head of a probation office having jurisdiction over the place of residence of the applicant or person under medical treatment and custody, and the head of a correctional institute, detention center or facility for medical treatment in custody. [This Article Newly Inserted by Act No. 15254, Dec. 19, 2017]
| Article 9 ( Assessment by Mental Health Professionals) |
Where it is difficult to judge whether the recipient of a medical treatment order is a sexual deviant based on the diagnosis or assessment of a mental health professional pursuant to Article 4 (2), the court may order another mental health professional to diagnose or assess such person. <Amended by Act No. 11005, Aug. 4, 2011>
| Article 10 (Matters to Be Observed) |
| (1) | The person who has been issued with a medical treatment order shall fulfill the obligations prescribed in the subparagraphs (excluding subparagraph 4) of Article 32 (2) of the Act on Probation, Etc. and the following obligations during the period of medical treatment: |
| 1. | That he or she shall faithfully comply with the pharmacologic treatment according to the direction of a probation officer; |
| 2. | That he or she shall periodically take hormone level tests according to the direction of the probation officer; |
| 3. | That he or she shall complete the psychical treatment program, such as cognitive behavioral therapy according to the direction of the probation officer. |
| (3) | When the court issues a medical treatment order, it shall explain the purpose of the medical treatment order to the person being issued with a medical treatment order and deliver a document stating his or her obligations. |
| (4) | Matters necessary for psychical treatment program, such as cognitive behavioral therapy prescribed in paragraph (1) 3 shall be prescribed by Presidential Decree. |
| Article 11 (Notification of Judgment of Medical Treatment Order) |
| (1) | When the court issues a medical treatment order pursuant to Article 8 (1), it shall send a certified copy of judgment and documents stating his or her obligations to the head of a probation office having jurisdiction over the place of residence of a person issued with a medical treatment order within three days from the date such judgment is finalized. |
| (2) | When a person issued with a medical treatment order is released, the head of a correctional institute, juvenile correctional institute, detention center or facility for medical treatment in custody shall notify the head of a probation office having jurisdiction over his or her place of residence of such fact by no later than three months before such person is released. |
| Article 12 (Public Defenders) |
CHAPTER III EXECUTION OF MEDICAL TREATMENT ORDERS
| Article 13 (Directions for Executing Order to Attach Electronic Device) |
| (1) | An order of medical treatment shall be executed by a probation officer under the command of a prosecutor. |
| (2) | Directions made pursuant to paragraph (1) shall be performed with a document accompanied by a certified copy of judgment. |
| Article 14 (Execution of Medical Treatment Orders) |
| (2) | A probation officer shall sufficiently explain the efficacy and side effects of medication, and method, frequency, procedures, etc. of medication to the person issued with a medical treatment order before executing such medical treatment order. |
| (3) | Where a person issued with a medical treatment order is released due to the termination of execution of punishment, or exemption or temporary release from execution of punishment, or due to the termination or temporary termination of execution of medical treatment in custody, or due to the entrustment of medical treatment, a probation officer shall execute the medical treatment order to the person issued with a medical treatment order within two months before such person is released. |
| (4) | The execution of medical treatment order shall be suspended in any of the following cases: |
| 1. | Where the person is detained as an arrest warrant is executed while a medical treatment order is being executed; |
| 2. | Where imprisonment without labor or heaver punishment is executed upon the person while a medical treatment order is being executed; |
| 3. | Where a temporary release, temporary termination or temporary discharge is canceled or invalidated for a person who is temporarily released, whose medical treatment order is temporarily terminated or who is temporarily discharged from a probation office in the course of medical treatment. |
| (5) | A medical treatment order which has been suspended as prescribed in Article (4) shall be executed according to the following classifications during the remaining period of the medical treatment order: |
| 1. | In cases of paragraph (4) 1, the medical treatment order shall be executed for the remaining period from the time detention is canceled, or from the time it becomes definite that imprisonment without labor or heavier punishment is not to be executed; |
| 2. | In cases of paragraph (4) 2, the medical treatment order shall be executed for the remaining period from the time the execution of the sentence is terminated or exempted or the person is released on parole; |
| 3. | In cases of paragraph (4) 3, the medical treatment order shall be executed for the remaining period from the time the execution of punishment, medical treatment in custody or protective custody is terminated or exempted. |
| (6) | Other matters necessary for the execution and suspension of medical treatment orders shall be prescribed by Presidential Decree. |
| Article 15 (Responsibilities of Persons Issued with Medical Treatment Orders) |
| (1) | A person issued with a medical treatment order shall not harm the efficacy of medical treatment by taking countervailing medications, etc. during the period of the medical treatment. |
| (2) | A person issued with a medical treatment order shall submit a written report in person at the probation office having jurisdiction over the person's place of residence within 10 days from the date the execution of punishment is terminated or exempted, the date the person is released on parole, the date the execution medical treatment in custody is permanently or provisionally terminated, or the date of the entrustment of medical treatment. |
| (3) | If a person who has been issued with a medical treatment order relocates his or her place of residence, makes a trip within Korea for seven days or more, or leaves Korea, he or she shall obtain permission from his or her probation officer in advance. |
| Article 16 (Extension of Medical Treatment Period) |
| (1) | If sufficient grounds to continue pharmacologic treatment on a person issued with a medical treatment order exist in view of the treatment progress, or reasons falling under any of the following subparagraphs exist, the court may extend the treatment period by decision at the request of the prosecutor, which is made on the application of the head of a probation office: Provided, That the total period including the previous treatment period shall not exceed 15 years: <Amended by Act No. 15254, Dec. 19, 2017> |
| 2. | Where he or she fails to make a report in violation of Article 15 (2) without justifiable grounds; |
| 3. | Where he or she relocates the place of residence, makes a trip within Korea or leaves Korea by obtaining the permission under Article 15 (3) falsely or without obtaining such permission in violation of Article 15 (3) without justifiable grounds, or fails to return to Korea within the permitted period. |
| (2) | Where a person issued with a medical treatment order falls under any of the subparagraphs of paragraph (1), the court may make a decision to add or change the obligations prescribed in Article 10 (2) at the request of the prosecutor, following the application of the head of a probation office. |
| (3) | Apart from the matters prescribed in the subparagraphs of paragraph (1), if the court deems that any circumstantial changes have considerable grounds, it may decide to add, change or delete the obligations prescribed in Article 10 (2), at the request of the prosecutor following the application of the head of a probation office. |
| Article 17 (Application for Provisional Rescission of Medical Treatment Orders) |
| (1) | The head of a probation office, or a person issued with a medical treatment order and his or her legal representative may file an application for the provisional rescission of the medical treatment order to the Probation Examination Committee (hereinafter referred to as "Examination Committee") pursuant to Article 5 of the Act on Probation, Etc. having jurisdiction over the relevant probation office. <Amended by Act No. 16915, Feb. 4, 2020> |
| (2) | The application pursuant to paragraph (1) shall be filed within six months from the date the execution of a medical treatment order commences. Where such application is rejected, another application may be filed again after six months from the date such application is rejected. |
| (3) | When one files an application for provisional rescission, he or she shall submit such application accompanied by data that may serve as reference in the examination of provisional rescission. <Amended by Act No. 16915, Feb. 4, 2020> |
| Article 18 (Examination and Decision of Provisional Rescission of Medical Treatment Orders) |
| (1) | When the Examination Committee examines provisional rescission, it shall consider expert opinions, etc. such as the character of the person issued with a medical treatment order, attitude toward life, status of implementation of medical treatment orders and likelihood of recidivism. <Amended by Act No. 16915, Feb. 4, 2020> |
| (2) | Where it is necessary for the examination of provisional rescission, the Examination Committee may have the head of a probation office inspect necessary matters or summon the person issued with a medical treatment order or other interested parties for inquiry or examination. <Amended by Act No. 16915, Feb. 4, 2020> |
| (3) | The head of a probation office who has received a request pursuant to paragraph (2) shall make an examination of necessary matters and notify the Examination Committee thereof. |
| (4) | If the Examination Committee deems that the person issued with a medical treatment order is not likely to commit another offense because he or she has so improved that the execution of the medical treatment order is unnecessary, it may decide on the provisional rescission of the medical treatment order. <Amended by Act No. 16915, Feb. 4, 2020> |
| (5) | When the Examination Committee decides not to grant provisional rescission, it shall clearly state the reasons therefor on the written decision. <Amended by Act No. 16915, Feb. 4, 2020> |
| (6) | Where a medical treatment order has been provisionally rescinded as prescribed in paragraph (4), matters to be observed pursuant to the subparagraphs of Article 10 (1) and to paragraph (2) of the same Article shall be deemed provisionally rescinded. <Amended by Act No. 16915, Feb. 4, 2020> |
| Article 19 (Cancellation of Provisional Rescission) |
| (1) | If a person whose medical treatment order has been provisionally rescinded is deemed likely to reoffend, such as committing sexual assault or failing to report the relocation of his or her place of residence, the head of a probation office may file an application for the cancellation of provisional rescission with the Examination Committee. In such cases, if the probability of reoffending by a person whose medical treatment order has been provisionally rescinded is deemed considerable, the Examination Committee shall cancel provisional rescission. <Amended by Act No. 16915, Feb. 4, 2020> |
| (2) | A person for whom medical treatment order has been provisionally rescinded shall take pharmacologic treatment during the remaining medical treatment period. In such cases, the period of provisional rescission shall be excluded from the medical treatment period. <Amended by Act No. 16915, Feb. 4, 2020> |
| Article 20 (Termination of Execution of Medical Treatment Orders) |
The execution of a medical treatment order sentenced as prescribed in Article 8 (1) shall be terminated in any of the following cases: <Amended by Act No. 16915, Feb. 4, 2020> | 1. | When the medical treatment period has elapsed; |
| 2. | When punishment sentenced simultaneously with a medical treatment order is pardoned and thus the sentence is invalidated; |
| 3. | When the remaining medical treatment period of a person whose medical treatment order has been provisionally rescinded has elapsed without having such provisional rescission been canceled. |
| Article 21 (Prescription of Medical Treatment Order) |
| (1) | If the prescription of punishment or medical treatment in custody sentenced simultaneously with a medical treatment order completes without having the medical treatment order executed after the sentence is finalized, a person who has been issued with a medical treatment order shall be exempted from such execution. |
| (2) | The prescription of a medical treatment order shall be interrupted when a person who has been issued with a medical treatment order is arrested. |
CHAPTER IV MEDICAL TREATMENT ORDERS FOR INMATES AND PERSONS WHOSE EXECUTION IS PROVISIONALLY TERMINATED
| Article 22 (Requests for Medical Treatment Orders for Inmates Convicted of Sexual Assault) |
| (1) | A prosecutor may request a medical treatment order from a district court having jurisdiction over the place of residence or current location of an inmate who are subject to a final sentence of imprisonment with labor or a heavier punishment for sexually assaulting another person but for whom the medical treatment order under Article 8 (1) has not been declared (hereinafter referred to as "inmates convicted of sexual assault"), if such inmate is sexually deviant, deemed likely to recommit sexual assault, and agrees to take pharmacologic treatment. <Amended by Act No. Act No. 11557, Dec. 18, 2012; Act No. 15254, Dec. 19, 2017> |
| (2) | The procedures for medical treatment orders for prisoners pursuant to paragraph (1) shall be in accordance with the following subparagraphs: <Amended by Act No. 11005, Aug. 4, 2011> |
| 1. | The head of a correctional institution or detention center (hereinafter referred to as "confinement facility") shall sufficiently explain the details, methods, procedures, efficacy, side effects, assumption of expenses, etc. of pharmacologic treatment to inmates who are qualified for parole pursuant to Article 72 (1) of the Criminal Act and verify their consent; |
| 2. | Where inmates convicted of sexual assault in subparagraph 1 consent to pharmacologic treatment, the head of a confinement facility shall promptly notify a prosecutor of the district prosecutor's office having jurisdiction over the confinement facility of necessary matters, such as personal information and prison records of the inmates; |
| 3. | The prosecutor may request the head of a probation office having jurisdiction over the address of the affiliated prosecutor's office or the address of inmates convicted of sexual assault to make an investigation pursuant to Article 5 (1); |
| 4. | The head of a probation office shall submit an investigation report under Article 5 (3) within two months from the date a request pursuant to subparagraph 3 is received; |
| 5. | After explaining the details, methods, procedures, efficacy, side effects, assumption of expenses, etc. of pharmacologic treatment to an inmate convicted of sexual assault, verifying his or her consent, and obtaining a diagnosis or evaluation by a mental health professional, the prosecutor may request the court for a medical treatment order. On this occasion, the prosecutor shall state the fact that the recipient of a medical treatment order agrees thereto in addition to the matters prescribed in the subparagraphs of Article 7 (1) in the written request for the medical treatment order; |
| 6. | If the court deems that the request for a medical treatment order made pursuant to subparagraph 5 has grounds, it shall notify the medical treatment order by decision and deliver a document stating matters to be observed to the person who is issued with a medical treatment order. |
| (3) | The period of medical treatment according to the decision under paragraph (2) 6 shall not exceed 15 years. |
| (4) | Where it is necessary for the diagnosis and evaluation by a mental health professional pursuant to paragraph (2) 5, a prosecutor may instruct the head of a confinement facility to transfer inmates convicted of sexual assault to a facility for medical treatment in custody, etc. <Amended by Act No. 11005, Aug. 4, 2011> |
| (5) | If the decision pursuant to paragraph (2) 6 falls under any of the following subparagraphs, a prosecutor, an inmate convicted of sexual assault or his or her legal representative may lodge an appeal to the high court within seven days from the date such decision is notified: |
| 1. | Where a violation of statutes or regulations or gross error of fact exists, to the extent that it may affect the relevant decision; |
| 2. | Where the disposition is substantially unjust. |
| (6) | When an appeal is to be lodged, a written appeal shall be submitted to the trial court, and the court in receipt of the written appeal shall send records including its opinions to the appellate court within three days. |
| (7) | Where the appellate court deems that the proceedings of appeal violate any statute or that the appeal is groundless, it shall reject such appeal by decision. |
| (8) | Where the appellate court deems that the appeal has grounds, it shall reverse the previous decision and make its own decision, or transfer it to another competent court. |
| (9) | The re-appeal to the Supreme Court may be lodged only if the decision of the appellate court violates statutes or regulations. |
| (10) | The period to lodge a re-appeal shall be seven days from the date on which the decision to reject an appeal is notified. |
| (11) | Appeals and re-appeals shall not have the effect of suspending the execution of decision. |
| (12) | No later than five days before an inmate convicted of sexual assault is released, shall the head of a confinement facility notify the head of a probation office having jurisdiction over the inmate’s address of such fact. |
| (13) | The execution of a medical treatment order notified under paragraph (2) 6 shall terminate when an inmate convicted of sexual assault, sentenced to an imprisonment with labor or a heavier punishment under paragraph (1), is pardoned from such sentence and the sentence loses its validity. |
| (14) | A person in receipt of a medical treatment order becomes exempt from the execution of the order with the completion of legal prescription when 10 years have lapsed without such order being executed since the final and conclusive decision is made for the order. |
| (2) | When reviewing the eligibility for parole of an inmate convicted of sexual assault, the parole review board shall take into consideration that a decision is made for a medical treatment order. |
| Article 24 (Liability for Expenses) |
| (1) | A person for whom a decision is made for a medical treatment order under Article 22 (2) 6 shall bear the expense of the medical treatment during the medical treatment period: Provided, That the State may bear the expense for a person who cannot afford the expense. |
| (2) | Matters regarding burden of expenses shall be prescribed by Presidential Decree. |
| Article 25 (Provisional Termination and Medical Treatment Orders) |
| (1) | The Medical Treatment and Custody Deliberation Committee under Article 37 of the Act on Medical Treatment and Custody, Etc. (hereinafter referred to as "Medical Treatment and Custody Deliberation Committee") may impose a medical treatment order within the period of probation on a sex offender who is sexually deviant and for whom the execution of medical treatment in custody is provisionally terminated or whose medical treatment is entrusted to another institute while medical treatment in custody is being executed, or a sex offender under protective custody who is provisionally released from the facility while protective custody is being executed (hereinafter referred to as "person whose execution is provisionally terminated, etc."). <Amended by Act No. 15254, Dec. 19, 2017> |
| (2) | Where the Medical Treatment and Custody Deliberation Committee decides to impose a medical treatment order as prescribed in paragraph (1), it must take into consideration the diagnosis or assessment of a mental health professional performed within six months before the date of such decision. <Amended by Act No. 11005, Aug. 4, 2011> |
| (3) | Where the Medical Treatment and Custody Deliberation Committee has decided to impose a medical treatment order as prescribed in paragraph (1), it shall immediately notify the head of a probation office having jurisdiction over the address of the person whose execution is provisionally terminated, etc. |
| Article 26 (Matters to Be Observed) |
Where the Medical Treatment and Custody Deliberation Committee imposes a medical treatment order pursuant to Article 25, it may impose one or more of the obligations pursuant to the subparagraphs of Article 32 (3) of the Act on Probation, Etc., specifying a period for compliance within the extent of the medical treatment period.
| Article 27 (Execution of Medical Treatment Orders) |
A probation officer shall execute a medical treatment order within two months before the execution on a person whose execution is provisionally terminated, etc. is terminated provisionally, before medical treatment of such person is entrusted to another institute, or before such person is provisionally released: Provided, That in cases of a person whose execution is provisionally terminated and who is imposed with both medical treatment in custody and punishment, the medical treatment order shall be executed within two months before such person is released due to the termination of execution of punishment or exemption therefrom if the prison term remains.
| Article 28 (Termination of Execution of Medical Treatment Orders) |
The execution of pharmacologic treatment pursuant to Article 25 shall be terminated in any of the following cases: | 1. | When the medical treatment period is past; |
| 2. | When the probation period has elapsed due to provisional release, provisional termination or entrustment of medical treatment or when probation is terminated. |
| Article 29 (Application Mutatis Mutandis) |
| (2) | Articles 6 (2), 7, 8 (2) and (5), 9, 10 (2), 11 (1), 12, 13, 14 (3), (4) 3 and (5) 3 and 16, subparagraph 1 of Article 20 and Article 21 (2) shall apply mutatis mutandis to the medical treatment order pursuant to Article 22 in addition to the provisions pursuant to paragraph (1). |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 30 (Calculation of Medical Treatment Periods) |
The medical treatment period shall be counted from the date sex hormone regulating medicine is first administered or the date the implementation of a psychological treatment program under Article 14 (1) commences, and the first date shall be counted as one day without counting actual time. <Amended by Act No. 15254, Dec. 19, 2017>
| Article 31 (Designation of Probation Officers in Exclusive Charge of Execution of Medical Treatment Orders) |
The head of a probation office shall designate a probation officer who takes exclusive charge of the following matters from among probation officers affiliated therewith:
| 1. | Investigation into the recipient of a medical treatment order necessary for the request for a medical treatment order; |
| 2. | Execution of a medical treatment order; |
| 3. | Imposition of necessary measures, such as medical treatment, etc. for the prevention of reoffending by persons having been issued with medical treatment orders and for the sound rehabilitation to society; |
| 4. | Guidance, supervision and support for persons issued with medical treatment orders, including verification, etc. of whether persons having been given medical treatment orders fulfilled obligations pursuant to the Act on Probation, Etc. |
| Article 32 (Cooperation by the Heads of Confinement Facilities) |
The heads of confinement facilities, heads of facilities for medical treatment in custody, and heads of protective custody shall cooperate in the execution of medical treatment orders pursuant to Articles 14 (3) and 27, such as giving medications, supply of medical manpower such as doctors and nurses.
| Article 33 (Special Rules for Persons Subject to Military Law) |
For the purposes of this Act, with respect to persons falling under the subparagraphs of Article 2 (1) of the Military Court Act, the military court shall perform the duties of a court under this Act, military prosecutors shall perform the duties of prosecutors thereunder, military judicial police officers shall perform the duties of judicial police officers thereunder, and the heads of military prisons shall perform the duties of the wardens of correctional institutions thereunder. <Amended by Act No. 13722, Jan. 6, 2016>
| Article 34 (Application Mutatis Mutandis of Other Statutes) |
CHAPTER VI PENALTY PROVISIONS
| Article 35 (Penalty Provisions) |
| (1) | Where a person subject to pharmacologic treatment pursuant to this Act flees or violates the responsibilities under Article 15 (1) without justifiable grounds, he or she shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 20 million won. |
| (2) | Where a person subject to pharmacologic treatment pursuant to this Act violates his or her obligations pursuant to the subparagraphs of Article 10 (1) without justifiable grounds, he or she shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 10 million won. |
| (3) | Where a person subject to pharmacologic treatment pursuant to this Act violates his or her obligations pursuant to the subparagraphs of Article 10 (2) without justifiable grounds, he or she shall be punished by a fine not exceeding 10 million won. |
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force one year after the date of its promulgation. |
| (2) | (Transitional Measures concerning Requests for Medical Treatment Orders) The request for medical treatment order pursuant to Article 4 (1) shall also apply to sexual assaults committed before this Act enters into force. |
| (3) | (Transitional Measures concerning Requests for Medical Treatment Orders for Inmates Convicted of Sexual Assault) The medical treatment orders issued pursuant to Articles 22 and 25 shall also apply to a sexual deviant on whom punishment, medical treatment in custody or protective custody is being executed on charges of committing sexual assault as at the time this Act enters into force. |
ADDENDA <Act No. 11005, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That ...<Omitted>... Article 4 of the Addenda shall enter into force on the date of the promulgation ...<Omitted>.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11556, Dec. 18, 2012>
Article 1 (Provisions Concerning Delegation)
This Decree shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11557, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force three months after the date of its promulgation.
Articles 2 (Applicability to Requests for Medical Treatment Orders)
The amended provision of Article 4 (1) shall also apply to sexual assaults committed before this Act enters into force. Articles 3 (Applicability to Requests for Medical Treatment Orders against Inmates Convicted of Sexual Assault)
The amended provision of Article 22 (1) shall also apply to inmates on whom punishment is being executed on conviction of sexual assault as at the time this Act enters into force.
ADDENDA <Act No. 13722, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force one and a half years after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 13766, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Requests for Medical Treatment Orders)
The amended provision of subparagraph 2 (c) of Article 2 shall also apply to sex assaults committed before this Act enters into force.
ADDENDA <Act No. 14224, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 21 Omitted.
ADDENDA <Act No. 14970, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Requests for Medical Treatment Orders)
The amended provision of subparagraph 2 (a) of Article 2 shall also apply to sexual assaults committed before this Act enters into force.
ADDENDA <Act No. 15254, Dec. 19, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2018.
Article 2 (Applicability to Requests for Medical Treatment Orders)
The amended provisions of subparagraph 2 (a) and (c) of Article 2 shall also apply to sexual assaults committed before this Act enters into force. Article 3 (Applicability to Application for Exemption from Execution of Medical Treatment Order)
The amended provisions of Articles 8-2 through 8-4 shall also apply to the persons issued with a medical treatment order before this Act enters into force.
ADDENDA <Act No. 16915, Feb. 4, 2020>
This Act shall enter into force on the date of its promulgation.