CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prevent from recommitting crime those who have committed an offensive act in a state of mental disorder, addiction to narcotics, alcohol or other drugs, or psychosexual disorder and are deemed likely to recommit crime and to require special education, betterment and medical treatment and facilitate their rehabilitation by providing them with proper protection and medical treatment.
[This Article Wholly Amended on Jun. 13, 2008]
| Article 2 (Persons Subject to Medical Treatment and Custody) |
| (1) | The term "person subject to medical treatment and custody" in this Act means any of the following persons who requires medical treatment at a medical treatment and detention facility and is likely to recommit a crime: <Amended on Dec. 30, 2014; Oct. 20, 2020> |
| 2. | A person who has a habit of, or is addicted to drinking, taking, inhaling, smoking, or injecting narcotics, psychotropic drugs, marijuana, alcohol or other substances which are likely to be abused or harmful, and has committed an offense entailing imprisonment without labor or heavier punishment; |
| 3. | A person who has a psychosexual disorder showing a propensity for sexual activity, such as pedophillia and sexual sadism, and has committed a sexually violent crime entailing imprisonment without labor or heavier punishment. |
| (2) | Detailed matters concerning the substances likely to be abused or harmful under paragraph (1) 2 shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 2-2 (Scope of Sexually Violent Crimes Subject to Medical Treatment and Custody) |
Sexually violent crimes referred to in Article 2 (1) 3 mean the following crimes: <Amended on Apr. 15, 2010; Dec. 18, 2012; Jul. 30, 2013> | 1. | Crimes provided for in Articles 297, 297-2, 298, 299, 300, 301, 301-2, 302, 303, 305, 305-2, 339, 340 (3) (limited to committing rape), and 342 (limited to attempts to commit rape under Articles 339 and 340 (3)) of the Criminal Act; |
| 3. | Crimes provided for in Articles 7, 9, and 10 of the Act on Protection of Children and Juveniles from Sexual Abuse; |
| 4. | Crimes provided for in subparagraphs 1 through 3, which are subject to aggravated punishment under other Acts. |
[This Article Newly Inserted on Jun. 13, 2008]
| Article 2-3 (Persons Subject to Order of Medical Treatment) |
For purposes of this Act, “person subject to an order of medical treatment” means any of the following persons who is in need of outpatient medical treatment and is likely to recommit a crime: <Amended on Dec. 12, 2017; Oct. 20, 2020>
| 1. | A person with mental disability who is subject to reduction in punishment pursuant to Article 10 (2) of the Criminal Act and has committed a crime subject to imprisonment without labor or greater punishment; |
| 2. | A person who is habitually drinking or addicted to alcohol and has committed a crime subject to imprisonment without labor or greater punishment; |
| 3. | A person who has a habit of, or is addicted to, drinking, taking, inhaling, smoking, or injecting narcotics, psychotropic drugs, marijuana, or any other substances prescribed by Presidential Decree which are likely to be abused or harmful, and has committed a crime subject to imprisonment without labor or greater punishment. |
[This Article Newly Inserted on Dec. 1, 2015]
| (1) | The territorial jurisdiction over medical treatment and custody cases shall be the same as that over cases which are tried or could have been tried concurrently with medical treatment and custody cases. |
| (2) | The jurisdiction over the first trial of a medical treatment and custody case shall belong to the collegiate division of a district court or collegiate division of the branch court of a district court. In such cases, when the jurisdiction over a medical treatment and custody case of a person subject to medical treatment and custody upon whom medical treatment and custody is imposed (hereinafter referred to as "candidate for medical treatment and custody") is different from that over a prosecuted case involving the same person, the former shall prevail. |
[This Article Wholly Amended on Jun. 13, 2008]
CHAPTER II PROCEDURES, ETC. FOR MEDICAL TREATMENT AND CUSTODY CASES
| Article 4 (Applications for Medical Treatment and Custody by Prosecutors) |
| (1) | Where a person subject to medical treatment and custody is needs medical treatment and custody, a prosecutor may apply for medical treatment and custody to the competent court for such person. |
| (2) | A prosecutor shall consider the diagnosis or expert opinions of medical specialists, such as a psychiatrist when applying for medical treatment and custody for a person subject to medical treatment and custody: Provided, That with respect to persons subject to medical treatment and custody under Article 2 (1) 3, the prosecutor shall apply for medical treatment and custody after obtaining the diagnosis or expert opinions of medical specialists, such as a psychiatrist. <Amended on Aug. 4, 2011> |
| (3) | When applying for medical treatment and custody, a prosecutor shall submit an application for medical treatment and custody to the competent court. Applications for medical treatment and custody shall be accompanied by the copies thereof equal in number to that of candidates for medical treatment and custody. |
| (4) | The following matters shall be entered in an application for medical treatment and custody: |
| 1. | Name of a candidate for medical treatment and custody and other matters to identify the candidate for medical treatment and custody; |
| 2. | Facts to justify the application; |
| 3. | Applicable legal provisions; |
| 4. | Other matters determined by Presidential Decree. |
| (5) | A prosecutor may apply for medical treatment and custody at any time before the appellate trial of the case he/she prosecuted concludes on arguments. |
| (6) | Upon receipt of an application for medical treatment and custody application, the court shall serve the candidate for medical treatment and custody or his/her attorney-at-law with a copy thereof without delay: Provided, That the court shall do so by not later than five days before the date of first trial when the application for medical treatment and custody is filed together with a public prosecution, and by not later than five days before the date of the next trial when the medical treatment and custody application is filed during the trial of a prosecuted case. |
| (7) | If the court deems it necessary to sentence a person to medical treatment and custody as a result of the trial of a prosecuted case, it may request the relevant prosecutor to file an application for medical treatment and custody. |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 5 (Investigation) |
| (1) | A prosecutor shall, when investigating crime, investigate materials necessary for making an application for medical treatment and custody with respect to a person for whom it is deemed reasonable to apply for medical treatment and custody in consideration of his/her criminal records, mental handicaps, etc. |
| (2) | The judicial police officer (including special judicial police officers; hereinafter the same shall apply) shall conduct investigations under paragraph (1) under the direction of a prosecutor. |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 6 (Medical Treatment and Custody Warrants) |
| (1) | When a person subject to medical treatment and custody is deemed necessary to be put under medical treatment and custody and a ground falling under any of the following subparagraphs exists, a prosecutor may place the person subject to medical treatment and custody under protective detention (including protective confinement and protective arrest; hereinafter the same shall apply) by applying for the issuance of a medical treatment and custody warrant to the competent district court judge: |
| 1. | When such person has no established address; |
| 2. | When such person is likely to destroy evidence; |
| 3. | When such person flees or is likely to flee. |
| (2) | The judicial police officer may place a person subject to medical treatment and custody who falls under the requirements referred to in paragraph (1) under protective detention by requesting the prosecutor to issue a medical treatment and custody warrant from the competent district court judge at the prosecutor's request. |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 7 (Independent Applications for Medical Treatment and Custody) |
A prosecutor may, in cases falling under any of the following subparagraphs, apply only for medical treatment and custody without instituting a public prosecution:
| 2. | Cases where an accusation or complaint does not exist or is cancelled in a crime which is arguable based on the accusation or complaint, or a victim has expressed a wish not to have the offender punished or has retracted his/her wish to have the offender punished in a crime which is not arguable against the explicitly expressed will of the victim; |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 8 (Applications for Medical Treatment and Custody and Effect of Arrest Warrant) |
When a prosecutor files a medical treatment and custody application only for a suspect detained by a warrant of detention, deciding not to institute a public prosecution against such suspect, the warrant of detention shall be deemed a medical treatment and custody warrant and shall not lose its effect.
[This Article Wholly Amended on Jun. 13, 2008]
| Article 9 (Absence of Applicant for Medical Treatment and Custody) |
In cases where a candidate for medical treatment and custody is unable to appear on the date of trial due to a mental disorder under Article 10 (1) of the Criminal Act, the court may hold a trial without his/her appearance. [This Article Wholly Amended on Jun. 13, 2008]
| Article 10 (Transfer to Criminal Trial Proceedings) |
| (1) | When clear evidence is found that an applicant for medical treatment and custody does not have any mental disorders falling under Article 10 (1) of the Criminal Act after a trial on the application for medical treat- ment and custody application case under subparagraph 1 of Article 7 commences, the court shall transfer the case to trial proceedings under the Criminal Procedure Act at the request of the prosecutor concerned. |
| (2) | In cases where transfer to trial proceedings has taken place under paragraph (1), it shall be deemed that a public prosecution has been instituted at the time when an application for medical treatment and custody was filed. In such cases, the application for medical treatment and custody shall have the same effect as that of a written prosecution and any trial held before transfer to trial proceedings shall be deemed a trial according to trial proceedings. The matters to be entered in a written prosecution may be changed in accordance with the procedure under Article 298 of the Criminal Procedure Act. |
| (3) | When an application for medical treatment and custody is filed after a request for a summary order is made, the latter shall be tried in accordance with the procedure of trial from the time when the application for medical treatment and custody is filed. |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 11 (Notification of Details of Trial) |
In cases where transfer to trial proceedings takes place under Article 10, the details of the trial held in the absence of the accused shall be notified to the accused by reading out the protocol of the trial or by other appropriate methods. [This Article Wholly Amended on Jun. 13, 2008]
| Article 12 (Judgments on Medical Treatment and Custody) |
| (1) | The court shall, after trying a medical treatment and custody case, declare a sentence of medical treatment and custody by means of judgment when it deems the request concerned well-grounded or dismiss the request by means of judgment when it deems the request concerned groundless, or declares not guilty or a death sentence for a prosecuted case on grounds other than insanity. |
| (2) | A judgment on a medical treatment and custody case and a judgment on a prosecuted case shall be declared simultaneously: Provided, That the same shall not apply to the cases where only a medical treatment and custody application is made without instituting a public prosecution under Article 7. |
| (3) | Facts satisfying requirements, abstracts of evidence and applicable legal provisions shall be specified in detail in the grounds of the judgment declaring a sentence of medical treatment and custody. |
| (4) | The court shall, when a prosecuted case meets the conditions under each of the subparagraphs of Article 326, subparagraphs 1 through 4 of Article 327 and each of the subparagraphs (excluding cases where a corporate defendant fails to continue to exist as provided for in subparagraph 2) of Article 328 (1) of the Criminal Procedure Act, render a judgment or decision of dismissal of request even for the medical treatment and custody case concerned. The same shall apply to medical treatment and custody application cases meeting the above conditions. |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 13 (Expert Opinion) |
When it is impracticable to determine whether a candidate for medical treatment and custody has a mental or psychosexual disorder only by means of the diagnosis or opinion of a psychiatrist, etc. under Article 4 (2), the court may order such psychiatrist, etc. to re-diagnose or conduct a further test. <Amended on Aug. 4, 2011> [This Article Wholly Amended on Jun. 13, 2008]
| (2) | When an appeal against a judgment on a prosecuted case or a waiver or withdrawal thereof is filed, an appeal against a judgment on the medical treatment and custody case concerned or a waiver or withdrawal thereof shall be deemed to have been filed as well. The same shall apply to cases of the recovery of right of appeal, application for retrial or extraordinary appeal. |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 15 (Provisions Applicable Mutatis Mutandis) |
| (1) | The provisions of Article 6 (1) shall apply mutatis mutandis to medical treatment and custody warrants in cases where the court commits an applicant for medical treatment and custody under protective confinement. |
[This Article Wholly Amended on Jun. 13, 2008]
CHAPTER III PERFORMANCE OF MEDICAL TREATMENT AND CUSTODY
| Article 16 (Details of Medical Treatment and Custody) |
| (1) | Any person sentenced to medical treatment and custody (hereinafter referred to as "person under medical treatment and custody") shall be committed to a medical treatment and detention facility and actions shall be taken for the medical treatment of such person. |
| (2) | The period for which a person under medical treatment and custody shall be committed to a medical treatment and detention facility shall not exceed the following applicable periods: |
| 1. | Persons falling under Article 2 (1) 1 and 3: 15 years; |
| 2. | Persons falling under Article 2 (1) 2: Two years. |
| (3) | If a person under medical treatment and custody after being sentenced to medical treatment and custody for committing a homicide defined in subparagraph 3-2 of Article 2 of the Act on Electronic Monitoring (hereinafter referred to as “homicide”) is deemed likely to repeat such crime and require continuous medical treatment, the court may, upon the prosecutor’s request based on the application filed by the head of the medical treatment and detention facility, decide to extend the period referred to in the subparagraphs of paragraph (2) by up to two years for an extension on up to three occasions. <Newly Inserted on Jul. 30, 2013; Feb. 4, 2020> |
| (4) | The head of a medical treatment and detention facility shall file an application under paragraph (3) after obtaining the diagnosis or psychiatric test conducted by a medical specialist, such as a psychiatrist. <Newly Inserted on Jul. 30, 2013> |
| (5) | The prosecutor shall make a request under paragraph (3) by no later than six months before the period provided in the subparagraphs of paragraph (2) or the period extended under paragraph (3) expires. <Newly Inserted on Jul. 30, 2013> |
| (6) | The court’s decision under paragraph (3) shall be made by no later than three months before the period provided in the subparagraphs of paragraph (2) or the period extended under paragraph (3) expires. <Newly Inserted on Jul. 30, 2013> |
| (7) | Article 22 (5) through (11) of the Act on Pharmacologic Treatment of Sex Offenders’ Sexual Impulses shall apply mutatis mutandis to the appeal and re-appeal of the prosecutor or the person under medical treatment and custody or his/her legal representative against the decision made under paragraph (3), in this regard, “an inmate convicted of sexual assault” shall be construed as “a person under medical treatment and custody”. <Newly Inserted on Jul. 30, 2013> |
| (8) | Medical treatment at medical treatment and detention facilities under paragraph (1) and other necessary matters shall be determined by Presidential Decree. <Amended on Jul. 30, 2013> |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 16-2 (Medical Treatment and Detention Facilities) |
| (1) | Medical treatment and detention facilities referred to in Article 16 (1) mean the following: |
| 1. | A medical treatment and detention center; |
| 2. | A national psychiatry medical institution that is established and operated by the State, and designated by the Minister of Justice (hereinafter referred to as “designated judiciary hospital”). |
| (2) | A designated judiciary hospital shall isolate persons under medical treatment and custody from other patients. |
| (3) | The State shall subsidize expenses incurred by designated judiciary hospitals in relation to the installation and operation of their facilities within budgetary limits. |
| (4) | Procedures for designation and operation of designated judiciary hospitals, subsidization of medical treatment and expenses, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jul. 30, 2013]
| Article 17 (Direction for Performance) |
| (1) | A prosecutor shall direct the performance of medical treatment and custody. |
| (2) | Directions under paragraph (1) shall be in writing with a certified written transcript of judgment attached thereto. |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 18 (Orders and Method of Performance) |
In cases where a penal sentence is adjudged concurrently with medical treatment and custody, the medical treatment and custody shall be executed first. In such cases, the period for performance of medical treatment and custody shall be included in the period for performance of the penal sentence.
[This Article Wholly Amended on Jun. 13, 2008]
| Article 19 (Separate Committal) |
Persons under medical treatment and custody shall be committed to separate facilities in accordance with the classifications in each of the subparagraphs of Article 2 (1), unless there are special circumstances to the contrary. [This Article Wholly Amended on Jun. 13, 2008]
| Article 20 (Disclosure of Details of Medical Treatment and Custody) |
Details and actual conditions of medical treatment and custody under this Act shall be made public under conditions prescribed by Presidential Decree. In such cases, personal information of persons under medical treatment and custody shall not be disclosed, unless such persons or their guardians provide their consent thereto.
[This Article Wholly Amended on Jun. 13, 2008]
| Article 21 (Summons for and Performance of Medical Treatment and Custody) |
| (1) | A prosecutor may summon a person under medical treatment and custody who is not under protective detention in order to perform medical treatment and custody for the person subject to medical treatment and custody. |
| (2) | When a person under medical treatment and custody fails to comply with a summons under paragraph (1), the prosecutor may place such person under protective arrest by issuing a writ of performance of medical treatment and custody. |
| (3) | When a person under medical treatment and custody flees or is likely to flee or when it is difficult to know the present location of a person under medical treatment or custody, notwithstanding paragraph (2),the prosecutor may place such person under protective arrest by issuing a writ of performance of medical treatment and custody, omitting the procedure for summoning. |
| (4) | A writ of execution of medical treatment and custody shall have the same effect as that of a medical treatment and custody warrant. |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 21-2 (Transfers between Medical Treatment and Detention Facilities) |
| (1) | The Medical Treatment and Custody Deliberation Committee established under Article 37 shall examine and decide whether or not to transfer a person under medical treatment and custody from a medical treatment and detention center to a designated judiciary hospital every six months after the commencement of his/her medical treatment and custody. |
| (2) | If it is impracticable to continue the treatment of a person under medical treatment and custody at a designated judiciary hospital to which he/she is transferred because he/she disrupts order at the hospital or his/her condition is worsened, the Medical Treatment and Custody Deliberation Committee established under Article 37 may decide to re-transfer the person under medical treatment and custody from the designated judiciary hospital to a medical treatment and detention center. |
| (3) | The Medical Treatment and Custody Deliberation Committee established under Article 37 may hear the opinions of the head of a medical treatment and detention facility or the affiliated psychiatrist before making decisions under paragraphs (1) and (2). |
[This Article Newly Inserted on Jul. 30, 2013]
| Article 22 (Review and Decision on Provisional Termination of Medical Treatment and Custody, etc.) |
The Medical Treatment and Custody Deliberation Committee under Article 37 shall, for persons under medical treatment and custody, review and determine whether or not to terminate the performance of medical treatment and custody permanently or provisionally every six months after the performance of medical treatment and custody commenced, and for persons under medical treatment and custody for whom the performance of medical treatment and custody is provisionally terminated or whose medical treatment is entrusted, review and determine whether to terminate permanently the performance of medical treatment and custody or entrusted medical treatment every six months after the provisional termination of performance of medical treatment and custody or entrustment of medical treatment. [This Article Wholly Amended on Jun. 13, 2008]
| Article 23 (Entrustment of Medical Treatment) |
| (1) | The Medical Treatment and Custody Deliberation Committee under Article 37 may entrust the medical treatment of a person under medical treatment and custody who is sentenced only to medical treatment and custody at places other than medical treatment and custody facilities to his/her legal representative, spouse, lineal relative, brother or sister (hereinafter referred to as a "legal representative, etc.") one year after the commencement of the execution of medical treatment and custody for such person, fixing a reasonable period. |
| (2) | With respect to a person who due to the concurrent imposition of medical treatment and custody, and penal sentence, has been subject to the performance of medical treatment and custody for a period equivalent to that of the penal sentence, the Medical Treatment and Custody Deliberation Committee under Article 37 may entrust the medical treatment of such person at places other than medical treatment and custody facilities to his/her legal representative, etc., fixing a reasonable period. |
| (3) | The Medical Treatment and Custody Deliberation Committee shall, when it determines to entrust medical treatment in accordance with paragraph (1) or (2), receive a written pledge from a legal representative, etc. to the effect that he/she guarantees hospitalization and medical treatment at places other than medical treatment and custody facilities. |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 24 (Suspension of Performance of Medical Treatment and Custody) |
When a person under medical treatment and custody has a cause which falls under any of the subparagraphs of Article 471 (1) of the Criminal Procedure Act, the prosecutor may suspend the performance of medical treatment and custody in accordance with the provisions of the same Article. In such cases, probation for a person for whom the performance of medical treatment and custody is suspended shall comply with the precedents of probation for persons for whom the execution of penalty is suspended. [This Article Wholly Amended on Jun. 13, 2008]
CHAPTER IV TREATMENT AND RIGHTS OF PERSONS UNDER MEDICAL TREATMENT AND CUSTODY, CANDIDATES FOR MEDICAL TREATMENT AND CUSTODY
| Article 25 (Treatment of Persons under Medical Treatment and Custody) |
| (1) | The head of each medical treatment and detention facility shall make the facility comfortable and sanitary to ensure the healthy life of persons under medical treatment and custody and provide them with clothes, bedclothes and other commodities necessary for treating them. |
| (2) | Medical treatment of persons under medical treatment and custody shall be provided subject to the prescription of a doctor, based on a mental hospital. |
| (3) | The head of each medical treatment and detention facility shall treat persons under medical treatment and custody in a gradually open and reduced manner according to the stages of medical treatment and improvement so as to facilitate their rehabilitation. |
[This Article Wholly Amended on Jun. 13, 2008]
[Title Amended on Jul. 12, 2017]
| Article 25-2 (Treatment of Candidates for Medical Treatment and Custody) |
| (1) | Candidates for medical treatment and custody shall be committed to separate facilities from persons under medical treatment and custody: Provided, That candidates for medical treatment and custody may be committed to the same medical treatment and detention facility as persons under medical treatment and custody in any of the following circumstances: |
| 1. | Where medical treatment and detention facilities are insufficient; |
| 2. | Where necessary to prevent the destruction of evidence of a crime, or where any other extraordinary circumstances exist. |
| (2) | Persons under medical treatment and custody shall be separated from candidates for medical treatment and custody if they are committed to the same medical treatment and detention facility under the proviso to paragraph (1). |
| (3) | Where any candidate for medical treatment and custody is committed to a medical treatment and detention facility, the head of the medical treatment and detention facility shall treat him/her appropriately, taking account of his/her characteristics. |
| (4) | Detailed standards and procedures for treating candidates for medical treatment and custody under paragraph (3) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 12, 2017]
| Article 25-3 (Prohibition on Isolation and Other Restrictions) |
| (1) | The head of a medical treatment and detention facility shall not physically restrict any person under medical treatment and custody or candidate for medical treatment and custody (hereinafter referred to as "person under medical treatment and custody, etc."), such as isolating or binding him/her, unless he/she falls under any of the following circumstances: Provided, That direct physical restrictions, such as binding a person under medical treatment and custody, etc., shall be permitted only in cases falling under subparagraph 1: |
| 1. | Where the relevant person is highly likely to put himself/herself or other persons in danger and it is deemed significantly impracticable to avoid such danger with any method other than physical restriction; |
| 2. | Where the relevant person commits a serious unlawful act or disciplinary offense; |
| 3. | Where the relevant person commits any other serious act of disrupting order at the facility. |
| (2) | Where the head of a medical treatment and detention facility intends to physically restrict a person under medical treatment and custody, etc., such as isolating or binding him/her, pursuant to paragraph (1), he/she shall comply with a psychiatrist's instructions. Provided, That a doctor in charge may provide instructions in cases falling under paragraph (1) 2 or 3. <Amended on Oct. 20, 2020> |
| (3) | Where the head of a medical treatment and detention facility isolates a person under medical treatment and custody, etc. pursuant to paragraph (1) or (2), he/she shall do so within the medical treatment and detention facility. |
| (4) | Where the head of a medical treatment and detention facility has physically restricted a person under medical treatment and custody, etc. pursuant to paragraph (1) or (2), he/she shall prepare and keep the details of such physical restriction, including the reason and period thereof and the time the restriction was released, as prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 12, 2017]
The head of each medical treatment and detention facility shall guarantee interviewing, exchange of letters, phone conversation, etc. with persons under medical treatment and custody, etc., except as necessary for the maintenance of order at the facility or for medical treatment. <Amended on Dec. 12, 2017>
[This Article Wholly Amended on Jun. 13, 2008]
| Article 27 (Viewing Television) |
The right to view television, listen to the radio, and read newspapers or books at any time shall be guaranteed to all persons under medical treatment and custody, etc., except during working hours, bedtime, etc. <Amended on Dec. 12, 2017>
| Article 28 (Medical Treatment of Patients) |
| (1) | When a person under medical treatment and custody, etc. falls victim to a disease which is hard to be healed at the medical treatment and detention facility, the head of the medical treatment and detention facility may permit such person under medical treatment and custody, etc. to receive medical treatment at an outside medical institution. <Amended on Dec. 12, 2017> |
| (2) | In cases falling under paragraph (1), if a person under medical treatment and custody or his/her guardian, etc. desires to receive medical treatment at his/her own expense, the head of the medical treatment and detention facility may permit it. |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 29 (Payment of Compensation for Labor) |
Compensation for labor shall be paid to persons under medical treatment and custody who engage in labor under conditions as prescribed by the Minister of Justice in order to encourage them to work and support their settlement in society after release.
[This Article Wholly Amended on Jun. 13, 2008]
| Article 30 (Petitions for Better Treatment) |
| (1) | Any person under medical treatment and custody, etc. or his/her legal representatives, etc. may file a petition to the Minister of Justice for the improvement of treatment for persons under medical treatment and custody, etc. <Amended on Dec. 12, 2017> |
| (2) | The filing and review of petitions under paragraph (1) and other necessary matters shall be determined by Presidential Decree. |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 31 (Checkup on Operational Status) |
The Minister of Justice shall check the operational status of medical treatment and custody facilities and conditions of treatment of persons under medical treatment and custody, etc. at least twice a year. <Amended on Dec. 12, 2017>
| Article 31-2 (Treatment of Persons Detained for Psychiatric Evaluation) |
Articles 25-2, 25-3, 26 through 28, 30, and 31 shall apply mutatis mutandis to persons detained at a medical treatment and detention facility in order to undergo a psychiatric evaluation pursuant to the Criminal Procedure Act or any other Act. [This Article Newly Inserted on Dec. 12, 2017]
| (1) | Probation prescribed in the Act on Probation, Etc. (hereinafter referred to as "probation") shall begin for a person under medical treatment and custody if he/she falls under any of the following circumstances: <Amended on Dec. 12, 2017> |
| 1. | When the execution of medical treatment and custody for the person under medical treatment and custody is provisionally terminated; |
| 2. | When the person under medical treatment and custody is entrusted to his/her legal representative, etc. for treatment outside the medical treatment and detention center; |
| 3. | When the period specified in any subparagraph of Article 16 (2) or the period extended pursuant to Article 16 (3) (hereinafter referred to as "period for medical treatment and custody") for a person under medical treatment and custody expires, if the Medical Treatment and Custody Deliberation Committee established under Article 37 conducts a review for the person for whom the period for medical treatment and custody has expired and determines that probation is required for such person. |
| (2) | The period for probation shall be three years. |
| (3) | When a person for whom probation has begun (hereinafter referred to as "probationer") falls under any of the following circumstances, the probation shall be terminated: <Amended on Dec. 12, 2017> |
| 1. | When the period for probation expires; |
| 2. | When the Medical Treatment and Custody Deliberation Committee under Article 37 makes a decision to terminate medical treatment and custody, although the period for probation has not yet expired; |
| 3. | When the probationer is recommitted, becoming subject to the performance of medical treatment and custody again, although the period for probation has not yet expired. |
| (4) | Where a probationer is subject to the execution of a sentence of imprisonment without labor or heavier punishment for committing a new crime during the period for probation, the probation shall not be terminated; and the period for probation for such probationer shall continue during the period of execution of the sentence. <Newly Inserted on Dec. 12, 2017> |
| (5) | If the period for probation still remains when the execution of a sentence of imprisonment without labor or heavier punishment provided for in paragraph (4) is completed or remitted for a probationer or when a probationer is paroled, the probation shall be performed during the remaining period. <Newly Inserted on Dec. 12, 2017> |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 33 (Matters to Be Observed by Probationer) |
| (1) | A probationer shall faithfully implement the matters to be observed under Article 32 (2) of the Act on Probation, Etc. |
| (2) | Where deemed necessary in light of the progress of medical treatment, characteristics, etc. of each probationer, the Medical Treatment and Custody Deliberation Committee established pursuant to Article 37 may separately provide for all or some of the following matters as matters to be specially observed during the period for probation, in addition to the matters to be observed under paragraph (1): <Amended on Dec. 12, 2017> |
| 1. | Regular outpatient treatment as well as inspections on whether probationers take prescribed medications; |
| 2. | Restrictions on going out at particular times, such as at night, which are likely to give probationers an opportunity or impulse to recommit a crime; |
| 3. | Prohibition of access to particular areas and places which are likely to give probationers an opportunity or impulse to recommit a crime; |
| 4. | Prohibition of access to particular persons, such as victims, who are likely to become targets of a recommitted crime; |
| 5. | Restrictions on the place of residence if a probationer has no permanent address; |
| 6. | Prohibition of drinking in excess of a certain amount; |
| 7. | Prohibition of the use of narcotics and other addictive substances; |
| 8. | Inspections on whether probationers administer, smoke, or take any narcotics prescribed in the Narcotics Control Act; |
| 9. | Any other matters deemed necessary to prevent probationers from recommiting a crime or from having a disease or habit again which has caused them to be subject to medical treatment and custody, to the extent that they can observe in light of their living conditions, mental and physical conditions, residential environments, etc. and that their freedom is not restricted unfairly. |
| (3) | Where a probationer violates the matters to be observed under paragraph (1) or (2) or where considerable changes in circumstances occur, the Medical Treatment and Custody Deliberation Committee established pursuant to Article 37 may deliberate and decide on the addition, alteration, or deletion of all or some of the matters to be observed either ex officio or upon request of the director of the relevant probation office. <Newly Inserted on Dec. 12, 2017> |
| (4) | A notice on the matters to be observed under paragraphs (1) through (3) shall be given in writing. <Newly Inserted on Dec. 12, 2017> |
| (5) | Where substantial grounds exist to acknowledge that a probationer violates or is likely to violate the matters to be observed under paragraphs (1) through (3), the director of the relevant probation office may urge the probationer to observe such matters, and may warn that he/she may receive a disposition disadvantageous to him/her, such as cancelling a provisional termination of medical treatment and custody provided for in Article 22 or the entrustment of medical treatment provided for in Article 23 (hereinafter referred to as "provisional termination, etc."). <Newly Inserted on Dec. 12, 2017> |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 33-2 (Detention and Detention Period) |
| (2) | Where deemed necessary to request a prosecutor to file any of the following applications, the director of a probation office may detain an arrested probationer at a prison, a detention center, or a medical treatment and detention facility: |
| 1. | An application for cancellation of the provisional termination of medical treatment and custody provided for in Article 22; |
| 2. | An application for cancellation of the entrustment of medical treatment provided for in Article 23. |
| (3) | Where the director of a probation office intends to detain a probationer pursuant to paragraph (2), he/she shall file a request for detention with a prosecutor and obtain permission therefor from a judge of the competent local court at the request of the prosecutor. In such cases, the prosecutor shall file an application for permission for detention within 48 hours from the arrest of the probationer. |
| (4) | The director of a probation office shall request a prosecutor to file an application for cancellation of a provisional termination, etc. within 24 hours after receipt of permission for detention. |
| (5) | Upon receipt of a request from the director of a probation office under paragraph (4), a prosecutor shall file an application for cancellation of a provisional termination, etc. with the Medical Treatment and Custody Deliberation Committee established pursuant to Article 37 within 48 hours after receipt thereof if the prosecutor deems that the grounds for such request are reasonable. |
| (6) | The period during which the director of a probation office may detain a probationer pursuant to paragraph (2) shall be 30 days from the date he/she arrests the probationer: Provided, That if a prosecutor files an application under paragraph (5) and if necessary for review by the Medical Treatment and Custody Deliberation Committee established pursuant to Article 37, the head of the probation office may file a request for extension of such period with the prosecutor, and extend the detention period for up to 20 days only once after obtaining permission therefor from a judge of the competent local court at the request of the prosecutor. |
| (7) | The director of a probation office shall cancel detention and immediately release the relevant probationer in any of the following circumstances: |
| 1. | Where the Medical Treatment and Custody Deliberation Committee established pursuant to Article 37 dismisses a prosecutor's application for cancellation of a provisional termination, etc. under Article 43 (1); |
| 2. | Where a prosecutor dismisses a request from the director of the probation office to cancel a provisional termination, etc. under Article 43 (3). |
| (8) | Where a provisional termination, etc. are cancelled for a probationer detained pursuant to paragraph (2), the detention period shall be included in the period for medical treatment and custody. |
[This Article Newly Inserted on Dec. 12, 2017]
| Article 34 (Duty of Probationer to Report) |
| (1) | A probationer, his/her legal representative, etc. shall file, in advance, a report with the head of the relevant medical treatment and detention center on a place to live after release or other necessary matters, as prescribed by Presidential Decree. |
| (2) | A probationer, his/her legal representative, etc. shall file with a probation officer a written report on his/her residence and occupation, the hospital providing medical treatment, mental health welfare centers under subparagraph 3 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients (hereinafter referred to as “mental health welfare center”) with which the probationer is registered and other necessary matters within ten days from the date of release. <Amended on Jul. 30, 2013; May 29, 2016> |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 35 (Termination of Medical Treatment and Custody) |
| (1) | The performance of medical treatment and custody shall terminate upon the expiration of the period for probation, in cases falling under Article 32 (1) 1 or 2. <Amended on Dec. 12, 2017> |
| (2) | The Medical Treatment and Custody Deliberation Committee established under Article 37 may decide as to whether to terminate probation before the period for probation expires if the record of performance and state of medical treatment of a probationer are good. |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 36 (Cancellation of Provisional Termination of and Re-Performance of Medical Treatment and Custody) |
The Medical Treatment and Custody Deliberation Committee established under Article 37 may cancel a provisional termination, etc. by decision and re-execute medical treatment and custody if a probationer (excluding persons who have become probationers after the expiration of the period for medical treatment and custody under Article 32 (1) 3) falls under any of the following circumstances: <Amended on Dec. 12, 2017> | 1. | When the probationer has committed a crime entailing imprisonment without labor or heavier punishment: Provided, That criminal negligence shall be excluded; |
| 2. | When the probationer has violated any matter to be observed under Article 33 or other directions or supervision concerning probation; |
| 3. | When a person who has become a probationer pursuant to Article 32 (1) 1 is deemed to require medical treatment and custody while his/her condition gets worse. |
[This Article Wholly Amended on Jun. 13, 2008]
CHAPTER V-2 MEDICAL TREATMENT AND CARE OF PERSONS RELEASED FROM MEDICAL TREATMENT AND DETENTION FACILITIES
| Article 36-2 (Registration with Mental Health Centers of Persons Released from Medical Treatment and Detention Facilities) |
Any person whose medical treatment and custody is permanently or provisionally terminated, or suspended under Article 24 (hereinafter referred to as “person released from a medical treatment and detention facility”) may register with a mental health welfare center and take counseling, medical examination and treatment, social rehabilitation training, and other mental health services at the mental health welfare center. <Amended on May 29, 2016; Dec. 12, 2017> [This Article Newly Inserted on Jul. 30, 2013]
[Title Amended on May 29, 2016; Dec. 12, 2017]
| Article 36-3 (Outpatient Treatment) |
| (1) | If a person released from a medical treatment and detention facility files an application for outpatient treatment at the center, the head of the medical treatment and detention center may provide medical examination, medication and other appropriate medical services. <Amended on Dec. 12, 2017> |
| (2) | Matters necessary for the procedures, etc. for outpatient treatment under paragraph (1) shall be prescribed by Ordinance of the Ministry of Justice. |
[This Article Newly Inserted on Jul. 30, 2013]
| Article 36-4 (Cooperation between Probation Offices and Mental Health Centers) |
| (1) | The director of a probation office and the head of a mental health welfare center shall cooperate with each other in terms of medical examination and treatment of probationers, prevention of recidivism, and social rehabilitation. <Amended on May 29, 2016> |
| (2) | The director of a probation office may request the head of a mental health welfare center to provide mental health-related information on, including registration of probationers, counseling, medical examination and treatment and social rehabilitation training, and related case studies. <Amended on May 29, 2016> |
| (3) | If necessary for medical examination and treatment of probationers, prevention of recidivism, and social rehabilitation, the head of a mental health welfare center may request necessary cooperation from the director of a probation office, including joint interviews of probationers. <Amended on May 29, 2016> |
[This Article Newly Inserted on Jul. 30, 2013]
[Title of This Article Amended on Jul. 29, 2016]
CHAPTER VI MEDICAL TREATMENT AND CUSTODY DELIBERATION COMMITTEE
| Article 37 (Medical Treatment and Custody Deliberation Committee) |
| (1) | The Medical Treatment and Custody Deliberation Committee (hereinafter referred to as the "Committee") shall be established within the Ministry of Justice to review and determine matters concerning the management and performance of medical treatment and custody and probation. |
| (2) | The Committee shall consist of up to six members who have qualifications as a judge, prosecutor, or attorney-at-law, and up to three members who have qualifications as medical specialists, such as a psychiatrist, and the Vice Minister of Justice shall be the chairperson of the Committee. <Amended on Aug. 4, 2011; Dec. 18, 2018> |
| (3) | The Committee shall review and determine the following matters: <Amended on Jul. 30, 2013; Dec. 12, 2017> |
| 1. | Matters concerning the transfer of persons under medical treatment and custody between medical treatment and detention facilities; |
| 2. | Matters concerning the entrustment of medical treatment and provisional termination of the performance of medical treatment and custody and cancellation thereof, and permanent termination of medical treatment and custody for persons under medical treatment and custody; |
| 3. | Matters to be observed by probationers as well as the addition, revision, or deletion of all or some of the matters to be observed; |
| 4. | Matters concerning the commencement of probation when the period for medical treatment and custody for a probationer expires; |
| 5. | Other matters concerning subparagraphs 1 through 4. |
| (4) | The Committee may have advisory members with expert knowledge and social reputation who are commissioned by the Minister of Justice under the recommendation of the chairperson. |
| (5) | A member of the Committee who is not a public official shall be deemed a public official in applying any penalty provisions of the Criminal Act and other Acts. <Newly Inserted on Dec. 1, 2015> |
| (6) | The organization, operation and administration of the Committee, commissioning of advisory members and other necessary matters shall be prescribed by Presidential Decree. <Amended on Dec. 1, 2015> |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 38 (Grounds for Disqualification) |
Any person who falls under any of the following subparagraphs shall not become a member of the Committee:
| 2. | A person for whom three years have not yet passed since he/she was dismissed as a member under Article 39. |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 39 (Dismissal of Members) |
The Minister of Justice may dismiss any member of the Committee who falls under any of the following subparagraphs:
| 1. | When a member is unable to conduct his/her duties due to mental disorder or is deemed considerably impaired from conducting his/her duties; |
| 2. | When a member is deemed unfit as a member due to negligence of duties, injury to dignity and other causes. |
[This Article Wholly Amended on Jun. 13, 2008]
| (1) | The Committee shall review the matters as provided for in Article 37 (3) on the basis of materials for deliberation. |
| (2) | The Committee may, if necessary for review under paragraph (1), have a public official belonging to the Ministry of Justice investigate matters necessary for a decision, or summon, interrogate or investigate persons under medical treatment and custody as well as probationers (hereinafter referred to as "persons under protection") or other interested persons directly. |
| (3) | A public official who has been ordered to investigate under paragraph (2) shall have the authority in each of the following subparagraphs: |
| 1. | To summon, interrogate and investigate persons under protection or other interested persons; |
| 2. | To inquire into facts of national or public institutions or other public or civil organizations and request them to submit relevant data. |
| (4) | Persons under protection or other interested persons shall comply with summons, interrogations and investigations under paragraphs (2) and (3), and national or public institutions or other public or civil organizations shall not refuse when they are inquired regarding facts or requested to submit data under paragraph (3), unless it adversely affects national secrets, or public peace and order. |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 41 (Resolutions and Decisions) |
| (1) | The Committee shall start the deliberation of the bills concerned in the presence of a majority of registered members, including the chairperson, and pass resolutions by the affirmative vote of a majority of members present: Provided, That when the number of cons and pros is equal, the chairperson shall hold the casting vote. |
| (2) | A decision of the Committee shall be accompanied by the grounds thereof and shall be in writing, bearing the names and seals of the members present. |
| (3) | The Committee may, if necessary when making a resolution in accordance with paragraph (1), have the heads of medical treatment and custody facilities or probation officers submit a written statement of opinions. |
| (4) | The head of a medical treatment and detention center shall, when submitting a written statement of opinions under paragraph (3), refer to the opinions of a doctor in charge of a person under protection on such person's conditions and convalescence, appropriateness of the termination of medical treatment and custody, etc. |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 42 (Objection to Committee Member) |
| (1) | A person under protection or his/her legal representative, etc. may, when circumstances exist which make it difficult for them to expect from a member of the Committee a fair review and resolution, file an application for objection with the chairperson. |
| (2) | The chairperson shall determine whether or not the application for objection under paragraph (1) is appropriate without undergoing the resolution of the Committee: Provided, That in cases where it is not appropriate for the chairperson to make such determination, it may be determined by resolution of the Committee. |
| (3) | The member for whom an application for objection is filed under paragraph (1) shall not be allowed to participate in the resolution under the proviso to paragraph (2). |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 43 (Application for Review by Prosecutor) |
| (1) | A prosecutor of the district prosecutors' office or branch office having jurisdiction over the area in which a person under protection resides (where such person under protection is committed to a facility, such facility shall be deemed as his/her residence) may apply to the Committee to review and determine the matters provided for in Article 37 (3). |
| (2) | When filing an application under paragraph (1), a prosecutor shall submit a written application for review and data necessary for determining matters relating to the application. In such cases, he/she shall hear opinion of the head of the relevant medical treatment and detention facility or the director of the relevant probation office. <Amended on Dec. 12, 2017> |
| (3) | The head of a medical treatment and detention facility or the director of a probation office may request a prosecutor to file an application under paragraph (1). <Amended on Dec. 12, 2017> |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 44 (Application for Review by Person under Medical Treatment and Custody) |
| (1) | A person under medical treatment and custody or his/her legal representative, etc. may request the Committee to review and determine as to whether to terminate the performance of medical treatment and custody on the ground that the person under medical treatment and custody recovers himself/herself to the extent that he/she no longer needs medical treatment and custody. |
| (2) | Applications under paragraph (1) shall be made by submitting a written application for review and data on the grounds of applying for review. |
| (3) | Applications under paragraph (1) shall be made six months after the date on which the execution of medical treatment and custody commences. In cases where the application is rejected, a re-application may be made six months thereafter. |
| (4) | Upon completion of its review of a request made under paragraph (1), the Committee shall notify the relevant person under medical treatment and custody and his/her legal representative, etc. of the criteria for the review and the grounds for its determination without delay. <Amended on Dec. 12, 2017> |
[This Article Wholly Amended on Jun. 13, 2008]
CHAPTER VI-2 CASES OF ORDERS OF MEDICAL TREATMENT
| Article 44-2 (Order of Medical Treatment When Sentence of Punishment Is Suspended) |
| (1) | Where a court suspends the sentence or execution of a punishment for a person subject to an order of medical treatment, it may order such person to receive medical treatment for a fixed period of medical treatment. |
| (2) | Where a court issues an order of medical treatment under paragraph (1), it shall concurrently impose probation. <Amended on Dec. 12, 2017> |
| (3) | The period of probation under paragraph (2) shall be one year in case of the suspension of a sentence; and, in case of the suspension of execution, the period of probation shall be the period of such suspension: Provided, That the court may determine a period of probation to the extent of the period of the suspension of execution. |
| (4) | The period of medical treatment under paragraph (1) shall not exceed the period of probation under paragraph (3). |
[This Article Newly Inserted on Dec. 1, 2015]
| Article 44-3 (Pre-Judgement Investigation) |
| (1) | If deemed necessary to order medical treatment under Article 44-2, a court may request the head of probation office having jurisdiction over the residential area of the defendant or the location of the court to conduct investigations as to matters concerning the defendant such as the motive of the crime, his/her physical and psychological characteristics and conditions, home environment, occupation, living conditions, medical history, capability to bear expenses for medical treatment, and likeliness of recommitting crimes. |
| (2) | The head of probation office in receipt of the request under paragraph (1) shall, without delay, conduct investigations and notify the relevant court of the results thereof. In such cases, he/she may, if deemed necessary, summon and question other relevant persons, or have a probation officer under his/her jurisdiction investigate necessary matters. |
| (3) | If deemed necessary to conduct investigations under paragraph (2), the head of probation office may inquire of national or public institutions or other organizations about the facts or request their cooperation such as perusal of the relevant materials. |
[This Article Newly Inserted on Dec. 1, 2015]
| Article 44-4 (Diagnosis of Expert) |
If deemed necessary to issue an order of medical treatment under Article 44-2, a court may request a psychiatrist to diagnose the psychological conditions, degree of alcohol dependence, etc. of the dependent. <Amended on May 29, 2016; Dec. 12, 2017> [This Article Newly Inserted on Dec. 1, 2015]
| Article 44-5 (Matters to Be Observed) |
A person ordered to receive medical treatment shall observe the following matters:
| 1. | To faithfully respond to medical treatment in conformity with the instructions of the probation officer; |
| 2. | To complete a psychological treatment program, such as a cognitive-behavioral treatment, in conformity with the instructions of the probation officer. |
[This Article Newly Inserted on Dec. 1, 2015]
| Article 44-6 (Execution of Order of Medical Treatment) |
| (1) | An order of medical treatment shall be executed by a probation officer under the command of a prosecutor. |
| (3) | The probation officer shall fully explain the medical treatment institution, methods and details of medical treatment, and other related matters to the person ordered to receive medical treatment before executing such order of medical treatment. |
| (4) | Other matters necessary for executing an order of medical treatment shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 1, 2015]
| Article 44-7 (Designation of Medical Treatment Institution) |
| (1) | The Minister of Justice may designate medical treatment institutions for the medical treatment of the persons ordered to receive medical treatment. |
| (2) | Matters necessary for standards for designating medical treatment institutions under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 1, 2015]
| Article 44-8 (Invalidation of Suspension of Sentence) |
| (1) | A court may impose a suspended sentence on a person whose sentence is suspended concurrently with the issuance of an order of medical treatment pursuant to Article 44-2, where he/she violates any of the matters to be observed under Article 44-5 during a period of medical treatment without any justifiable reason and the gravity of such violation is severe. |
| (2) | A court may revoke the suspension of execution of the sentence rendered to a person whose execution of punishment is suspended concurrently with the issuance of an order of medical treatment pursuant to Article 44-2, where he/she violates any of the matters to be observed under Article 44-5 during a period of medical treatment without any justifiable reason and the gravity of such violation is severe. |
| (3) | Articles 38 through 45, 45-2, 46, and 47 of the Act on Probation, Etc. shall apply mutatis mutandis to a warning to, and the arrest, immediate arrest and detention of a person subject to an order of medical treatment, and the invalidation of suspension of the sentence of such person, and the revocation of suspension of execution of the sentence rendered to such person. |
[This Article Newly Inserted on Dec. 1, 2015]
| Article 44-9 (Burden of Expenses) |
| (1) | A person in receipt of an order of medical treatment under Article 44-2 shall bear expenses for medical treatment for a period of medical treatment: Provided, That the State may bear such expenses with respect to the persons without economic capacity to afford such expenses. |
| (2) | Matters necessary for the burden of expenses shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 1, 2015]
CHAPTER VII SUPPLEMENTARY RULES
| Article 45 (Prescription of Medical Treatment and Custody Application) |
| (1) | Each application for prescription of medical treatment and custody shall expire at the end of the statute of limitations on crimes which are tried or could have been tried concurrently with a case in which a medical treatment and custody application is filed. |
| (2) | In cases where an application for medical treatment and custody is made, the prescription of the medical treatment and custody application shall be deemed complete when 15 years elapse from the date on which the medical treatment and custody application is made without any final decision. |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 46 (Prescription of Medical Treatment and Custody) |
| (1) | A person under medical treatment and custody shall be exempted from the performance of medical treatment and custody by the completion of prescription when a period as classified in each of the following subparagraphs elapses without the performance of medical treatment and custody after the judgment concerned is made final: |
| 1. | Medical treatment and custody of persons falling under Article 2 (1) 1 and 3: Ten years; |
| 2. | Medical treatment and custody of persons falling under Article 2 (1) 2: Seven years |
| (2) | Prescription shall not proceed during the period for suspension or provisional termination of performance of medical treatment and custody or other periods during which medical treatment and custody is not able to be performed. |
| (3) | Prescription shall be interrupted by the arrest of persons under medical treatment and custody. |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 47 (Sentence of Medical Treatment and Custody and Suspension of Qualification) |
The qualifications in each of the following subparagraphs of a person under medical treatment and custody shall be suspended until the performance of medical treatment and custody terminates or such person is exempted from such performance:
| 1. | Qualifications to become a public official; |
| 2. | Rights to vote and rights to be elected as provided for in public law; |
| 3. | Qualifications to conduct duties, the requirements of which are stipulated by public law. |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 48 (Nullification of Medical Treatment and Custody) |
| (1) | In cases where a person for whom the execution of medical treatment and custody has terminated or who is exempted from such execution compensated the victim for damage and has not been sentenced to the suspension of qualifications or heavier punishment or medical treatment and custody for seven years, the nullification of the judgment concerned may be declared at the request of such person himself/herself or prosecutor. In such cases, the provisions of Article 337 of the Criminal Procedure Act shall apply mutatis mutandis. |
| (2) | In cases where a person for whom the execution of medical treatment and custody has terminated or who is exempted from such execution has not been sentenced to the suspension of qualifications or heavier punishment or medical treatment and custody for ten years, the judgment concerned shall be deemed to have been nullified. |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 49 (Calculation of Period) |
| (1) | The period for medical treatment and custody shall be calculated from the date on which the performance of medical treatment and custody commences. In such cases, the first day on which the performance of medical treatment and custody commences shall be counted not by the unit of hour but as one day. |
| (2) | The period during which the performance of medical treatment and custody is violated shall not be counted towards the period for the medical treatment and custody concerned. |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 50 (Special Rules for Persons Subject to Application of Martial Law) |
| (1) | With respect to medical treatment and custody cases for persons falling under any of the subparagraphs of Article 2 (1) of the Military Court Act, the military court, prosecutors of military tribunal and military judicial police officers shall perform the duties under this Act. In such cases, the "military court", "prosecutors of military tribunal" and "military judicial police officer" shall be deemed a "court", "prosecutor" and "judicial police officer", respectively. <Amended on Jan. 6, 2016> |
| (2) | The Military Medical Treatment and Custody Deliberation Committee shall be established within the Ministry of National Defense to manage the medical treatment and custody of persons falling under any of the subparagraphs of Article 2 (1) of the Military Court Act and review and determine matters concerning the performance thereof. |
| (3) | Provisions pertaining to the Committee shall apply mutatis mutandis to the organization and operation of the Military Medical Treatment and Custody Deliberation Committee. |
| (4) | When it is clear that a person subject to medical treatment and custody is not a person who falls under any of the subparagraphs of Article 2 (1) of the Military Court Act, the military court, prosecutors of military tribunal or Military Medical Treatment and Custody Deliberation Committee shall transfer the medical treatment and custody case concerned to the corresponding court, prosecutors or the Committee. In such cases, any investigation, request, trial, application, review and decision before the transfer takes place shall not become invalid even after such transfer. <Amended on Jan. 6, 2016> |
| (5) | When it is clear that a person subject to medical treatment and custody is a person who falls under any subparagraph of Article 2 (1) of the Military Court Act, the court, prosecutors of military tribunal or Committee shall transfer the medical treatment and custody case concerned to the corresponding military court, military prosecutors or Military Medical Treatment and Custody Deliberation Committee. In such cases, any investigation, request, trial, application review or decision before the transfer takes place shall not become invalid even after such transfer. <Amended on Jan. 6, 2016> |
[This Article Wholly Amended on Jun. 13, 2008]
| Article 50-2 (Receipt of Donations) |
| (1) | The head of a medical treatment and detention facility may receive money and other articles voluntarily donated by institutions, organizations or individuals to the medical treatment and detention facility to provide adequate protection, medical treatment, etc. for persons under medical treatment and custody. |
| (2) | The issuance of receipts to donators, the designation of purposes for which donations are to be used, the inspection of books, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 7, 2014]
| Article 51 (Other Acts Applicable Mutatis Mutandis) |
[This Article Wholly Amended on Jun. 13, 2008]
CHAPTER VIII PENALTY PROVISIONS
| Article 52 (Penalty Provisions) |
| (1) | Any person under medical treatment and custody who disobeys the orders of the performer of medical treatment and custody for medical treatment and custody without any justifiable grounds or flees shall be punished by imprisonment with labor for not more than one year. |
| (2) | Where at least two persons under medical treatment and custody jointly commit the crime under paragraph (1), they shall be punished by imprisonment with labor for not more than three years. |
| (3) | Where a person who performs medical treatment and custody causes a person under medical treatment and custody to flee or facilitates such flight, the former shall be punished by imprisonment with labor for a limited term of at least one year. |
| (4) | A person who performs medical treatment and custody and commits the crime under paragraph (3) after taking, demanding or promising to provide a bribe shall be punished by imprisonment with labor for a limited term of at least two years. |
| (5) | A person who files a false report to public institutions or public officials for the purpose of causing another person to become subject to the disposition of medical treatment and custody shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding 15 million won. |
| (6) | A person who commits perjury under Article 152 (1) of the Criminal Act with respect to a medical treatment and custody application case for the purpose of slandering and inflicting harm on the applicant for medical treatment and custody shall be punished by imprisonment with labor for not more than ten years. |
| (7) | A person who commits the crime under Article 154 of the Criminal Act with respect to a medical treatment and custody application case shall be punished by imprisonment with labor for not more than ten years. |
| (9) | Where a legal representative, etc. to whom medical treatment is entrusted under Article 23 (3) causes a person under medical treatment and custody to flee or facilitates such flight in contravention of his/her pledge, he/she shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding five million won. |
| (10) | Any of the following persons shall be punished by imprisonment with labor for not more than six months or by a fine not exceeding five million won: <Newly Inserted on Dec. 12, 2017> |
| 1. | A person under medical treatment and custody who carries into a medical treatment and detention facility, possesses, uses, transfers, receives, exchanges, or hides a gun, sword, explosive, toxic chemicals, deadly weapon or other dangerous articles, alcoholic beverages, cigarettes, a firearm, cash, checks, pornographic materials, or information and communication devices including a mobile phone (hereinafter referred to as "prohibited articles"); |
| 2. | A person who carries any prohibited article into a medical treatment and detention facility to deliver it to a person under medical treatment and custody without permission; or transfers to, receives from, or exchanges with a person under medical treatment and custody any prohibited article. |
| (2) | A person who attempts to commit a crime provided for in paragraph (10) shall be punished. <Newly Inserted on Dec. 12, 2017> |
| (12) | Any prohibited article shall be confiscated. <Newly Inserted on Dec. 12, 2017> |
| (13) | Where a person who has become a probationer upon the expiration of the period for medical treatment and custody receives the warning provided for in Article 33 (5) for violating the matters to be observed under Article 33 (1) through (3) without justification and violates again the matters provided for in Article 33 (1) through (3) without justification, such person shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won. <Newly Inserted on Dec. 12, 2017> |
[This Article Wholly Amended on Jun. 13, 2008]
ADDENDA <Act No. 7655, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Persons Sentenced to Medical Treatment and Custody)
A person who was sentenced to medical treatment and custody under the previous Social Protection Act before this Act enters into force shall be deemed to have been sentenced to medical treatment and custody under this Act. Article 3 (Transitional Measures concerning Medical Treatment and Custody Facilities, etc.)
A medical treatment and detention center and the public officials thereof under the previous Social Protection Act as at the time this Act enters into force shall be deemed the medical treatment and detention center and the public officials thereof under this Act. Article 4 (Transitional Measures concerning Review, Decision, etc. by Community Protection Committee)
A review and decision by the Community Protection Committee under the previous Social Protection Act before this Act enters into force shall be deemed the review and decision by the Medical Treatment and Custody Deliberation Committee under this Act. Article 5 (Transitional Measures concerning Military Community Protection Committee)
The Military Community Protection Committee established under Article 41 (2) of the previous Social Protection Act as at the time this Act enters into force shall be deemed the Military Medical Treatment and Custody Deliberation Committee set up under Article 50 (2) of this Act. Article 6 (Transitional Measures concerning Pending Medical Treatment and Custody Cases)
The medical treatment and custody case pending in a court under the previous Social Protection Act as at the time this Act enters into force shall be deemed a medical treatment and custody application case pending in a court under this Act. Article 7 (Relation to Other Statutes)
If any other statute cites the Social Protection Act or the provisions thereof as at the time this Act enters into force, this Act or the corresponding provisions of this Act shall be deemed to be cited in lieu of the said Act or provisions. Article 8 Omitted.
ADDENDA <Act No. 8728, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 9111, Jun. 13, 2008>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 51 shall enter into force on December 22, 2008. |
| (2) | (Applicability) Amended provisions pertaining to persons with psychosexual disorders who fall under Article 2 (1) 3 shall also apply to such persons on trial at the time when this Act is into force. |
ADDENDA <Act No. 10258, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
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. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11556, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11954, Jul. 30, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 16 (3) through (8) and 36-3 shall enter into force six months after the date of its promulgation; the amended provisions of Articles 34 (2), 36-2 and 36-4, one year after the date of its promulgation; and the amended provisions of Articles 16-2, 21-2 and 37 (3), one year and six months after the date of its promulgation. Article 2 (Applicability to Scope of Sexually Violent Crimes Subject to Medical Treatment and Custody)
The amended provisions of subparagraphs 1 and 3 of Article 2-2 shall also apply to persons on trial as at the time this Act enters into force. Article 3 (Applicability to Period of Medical Treatment and Custody for Persons under Medical Treatment and Custody for having Committed Homicide)
The amended provisions of Article 16 (3) through (7) shall also apply to persons under medical treatment and custody for having committed homicide as at the time such provisions enter into force.
ADDENDUM <Act No. 12196, Jan. 7, 2014>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 52 (8) shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 12894, Dec. 30, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13525, Dec. 1, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Order, etc. of Medical Treatment When Sentence of Punishment Is Suspended)
Orders of medical treatment under the amended provisions of Article 44-2 (1) shall also apply to the persons subject to an order of medical treatment who have committed a crime before this Act enters into force.
ADDENDA <Act No. 13722, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year and six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
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. 15160, Dec. 12, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Imposition, etc. of Probation When Performance of Medical Treatment and Custody Terminates Upon Expiration of Period for Medical Treatment and Custody)
The amended provisions of Articles 32, 33, and 33-2 shall also apply to persons for whom medical treatment and custody is performed or to persons subject to probation under the former provisions of Article 32 (1) 1 or 2, as at the time this Act enters into force. Article 3 (Transitional Measures concerning Hearing, etc. of Probation Officer's Opinion)
Opinion of a probation officer heard under the former provisions of Article 43 (2) when a prosecutor files an application before this Act enters into force shall be construed as opinion of the director of a probation office heard under the amended provisions of Article 43 (2); and a request to file an application for review of the matters provided for in any subparagraph of Article 37 (3) a probation officer made under the former provisions of Article 43 (3) shall be construed as a request to file an application therefor the director of a probation office made under the amended provisions of Article 43 (3).
ADDENDUM <Act No. 15980, Dec. 18, 2018>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 16923, Feb. 4, 2020>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 17510, Oct. 20, 2020>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provision of the proviso to Article 3 (2) shall enter into force six months after the date of its promulgation.