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ENFORCEMENT DECREE OF THE ACT ON SPECIAL CASES CONCERNING THE CONFISCATION AND RETURN OF PROPERTY ACQUIRED THROUGH CORRUPT PRACTICES

Wholly Amended by Presidential Decree No. 31172, Nov. 24, 2020

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on Special Cases concerning the Confiscation and Return of Property Acquired through Corrupt Practices and matters necessary for the enforcement thereof.
 Article 2 (Definitions)
The terms used in this Decree are defined as follows:
1. The term "victim, etc." means a person who has suffered property damage due to an offense causing confiscation or collection of the property of the victim of a predicate offense pursuant to Article 6 (1) of the Act on Special Cases concerning the Confiscation and Return of Property Acquired through Corrupt Practices (hereinafter referred to as the "Act"), and his or her general successor;
2. The term “recognized damage property” means property excluding any of the following properties from the property of the victim of a predicate offense, for which a prosecutor has confirmed the extent of exclusion:
(a) Property returned by the victim, etc. among property of the victim of a predicate offense;
(b) Property equivalent to the value of the victim, etc. who has been compensated for the property of the victim of a predicate offense;
3. The term "property subject to recovery" means property of the victim of a predicate offense confiscated or collected pursuant to Article 6 (1) of the Act, which is subject to return (including executed property subject to recovery from a foreign state pursuant to Article 17 of the Act);
4. The term "damage recovery money" means money paid to victims, etc. within the scope of the recognized damage property after deducting the costs incurred for the return procedure prescribed by Ordinance of the Ministry of Justice, such as notification and public notice, from the property subject to recovery (hereinafter referred to as "cost").
 Article 3 (Commencement of Procedures for Return of Property of the Victim of Predicate Offense)
(1) A prosecutor shall, when he/she holds property subject to recovery, commence procedures for returning such property to victims, etc. (hereinafter referred to as "procedures for returning property of the victim of a predicate offense"): Provided, That this shall not apply where it is deemed inappropriate to commence procedures for returning property of the victim of a predicate offense, such as where the value of the property subject to recovery is anticipated to fall short of the cost.
(2) A prosecutor may adjust the commencement date of procedures for returning property of the victim of a predicate offense provided for in paragraph (1), considering the possibility of additionally keeping the property subject to recovery, the period required for returning the property subject to recovery, etc.
(3) Where a prosecutor deems that the property to be recovered is property other than money and it is inappropriate to keep it as it is in view of the nature of the property, the relationship between rights, etc., the prosecutor may redeem or collect and keep it in money.
 Article 4 (Relationship to Right to Claim Compensation for Loss)
When a victim, etc. has been returned of all or part of the property of the victim of a predicate offense or received compensation for damage with the property of the victim of a predicate offense, such as property of the victim of a predicate offense within the scope for return or compensation therefor shall not be returned.
 Article 5 (Notification and Public Announcement)
(1) Where a prosecutor commences the procedures for returning property of the victim of a predicate offense, the prosecutor shall notify a victim, etc. of the following matters without delay:
1. The competent prosecutor's office to which the prosecutor, who holds the property subject to recovery, belongs;
2. Details and value of property subject to recovery;
3. The court which has ruled on confiscation or collection of the property subject to recovery, trial and trial confirmation dates, case number, defendant’s name, main grounds for confiscation or collection thereof, and name of the offense;
4. Period in which such return shall be claimed under Article 6 (1).
(2) Where it is impossible to give notice in accordance with paragraph (1) due to unknown whereabouts of the victim, etc. or other reasons, the subparagraphs of paragraph (1) shall be announced on the Official Gazette and on the website of the prosecutors’ office to which the prosecutor belongs.
(3) Necessary matters concerning the notification under paragraph (1) and the public announcement under paragraph (2) shall be prescribed by Ordinance of the Ministry of Justice.
 Article 6 (Claim for Return of Property of Victims of Predicate Offenses)
(1) A victim, etc. who intends to receive return property subject to recovery shall prepare a written claim stating the following matters with the prosecutor who keeps the property subject to recovery within 60 days from the date he or she receives notification under Article 5 (1) or the public announcement under Article 5 (2) and request the return of the property subject to recovery, as prescribed by Ordinance of the Ministry of Justice. In such cases, a written claim shall be accompanied by materials that can verify the following matters:
1. The fact that the claimant is a victim, etc.;
2. Property of the victim of a predicate offense for which a claim for the return is made and the value thereof;
3. The property or its value, when the victim, etc. has been returned out of the property of the victim of a predicate offense or has received compensation for loss with respect to the property of the predicate offense;
4. Other matters specified by Ordinance of the Ministry of Justice as necessary for the claim for return of property of the victim of a predicate offense.
(2) Where a claimant intends to modify any matter claimed after submitting a claim under paragraph (1), the claimant shall report on such modification to the prosecutor to whom the claimant made a claim under paragraph (1) before a decision to return property subject to recovery is made pursuant to Article 7, as prescribed by Ordinance of the Ministry of Justice.
 Article 7 (Decision of Whether to Return Property Subject to Recovery)
(1) Upon receipt of a claim for return under Article 6, a prosecutor shall promptly determine whether to return the recognized damage property, its value, and property subject to recovery, as classified below:
1. Where the claim is deemed grounded: Decision to return the property subject to recovery by citing the claim;
2. Where the claim is deemed groundless: Decision to dismiss the claim;
3. Where it is admitted that the claim is partially grounded: Decision that part of the property subject to recovery shall be returned and part of the claim shall be dismissed, by partially citing the claim;
4. Where a claim is made after the claim period under Article 6 (1) has elapsed: A decision to dismiss the claim without prejudice.
(2) A prosecutor may conduct necessary investigation for making a decision pursuant to the subparagraphs of paragraph (1).
(3) A prosecutor shall notify the claimant of the purport of and grounds for the decision without delay the prosecutor determines under the subparagraphs of paragraph (1).
 Article 8 (Implementation of Return of Property Subject to Recovery)
(1) When a prosecutor has made a decision under Article 7 (1) 1 or 3, the prosecutor shall, without delay, return property subject to recovery to the claimant within the scope of the recognized damage property according to the following classifications:
1. Where property subject to recovery is any property other than money: Return of such property;
2. Where the property subject to recovery is money or where the property subject to recovery is exchanged or collected pursuant to Article 3 (3): Return of the amount of loss.
(2) Where a claimant intends to have any property other than money returned pursuant to paragraph (1) 1, the claimant shall pay expenses to the prosecutor's office to which the prosecutor belongs.
(3) Where at least two claimants have received the decision under Article 7 (1) 1 or 3 and it is impracticable to return all of their recognized damage property with the property subject to recovery, the prosecutor shall return the property in proportion to the amount of the recognized damage property of each claimant.
 Article 9 (Additional Return)
Where property subject to recovery remains after completion of procedures for returning the property of the victim of a predicate offense and the additional property subject to recovery related to such procedures falls short of the recognized damage property, the prosecutor shall return the property additionally in accordance with Articles 3 through 8.
 Article 10 (Raising Objections)
(1) Where a claimant is dissatisfied with a decision made pursuant to Article 7 (1) 2 through 4, the claimant may file an objection to the head of a prosecutor's office to which a prosecutor who has made the relevant decision belongs, as prescribed by Ordinance of the Ministry of Justice, within 30 days from the date the claimant is notified of such decision.
(2) The head of the prosecutors' office in receipt of an objection filed under paragraph (1) shall determine it through the Deliberation Committee on Return of Property of Victim of Predicate Offense under Article 11, in accordance with the following classifications:
1. Where the objection is deemed grounded: A decision to return the property subject to recovery, by citing the objection;
2. Where an objection is deemed groundless: A decision to dismiss the objection;
3. Where an objection is deemed partially grounded: A decision to return a part of the property subject to recovery by citing part of the objection, and to dismiss a part thereof;
4. Where an objection is filed after the period for filing an objection under paragraph (1): A decision to dismiss the objection without prejudice.
(3) Where the head of a prosecutors' office makes a decision pursuant to the subparagraphs of paragraph (2), he/she shall, without delay, notify a person who has filed an objection of the purpose of and ground for the decision, as prescribed by Ordinance of the Ministry of Justice.
 Article 11 (Deliberation Committee on Return of Property of Victim of Predicate Offense)
(1) A Deliberation Committee on Return of Property of Victim of Predicate Offense (hereinafter referred to as the "Deliberation Committee") shall be established in each prosecutors' office to deliberate on matters concerning the return of property subject to recovery.
(2) The Deliberation Committee shall deliberate on the following matters:
1. A matter on which the prosecutor requests the Deliberation Committee to deliberate as it is deemed it necessary for a request for return under Article 6;
2. Objection under Article 10;
3. Other matters requested by the public prosecutor for deliberation in relation to the procedure for returning property of the victim of a predicate offense.
(3) The Deliberation Committee shall consist of not less than five, but not more than seven members, including one chairperson.
(4) The chairperson of the Deliberation Committee shall be appointed by the head of each prosecutor's office from among his/her employees.
(5) The members of the Deliberation Committee (hereinafter referred to as “members”) shall be commissioned or appointed by the head of each prosecutor's office, and shall include at least two persons who are qualified as lawyers.
(6) The term of office of a member commissioned pursuant to paragraph (5) shall be two years, and it is renewable only once.
(7) The Deliberation Committee shall have an administrative secretary to handle affairs of the Committee, and the administrative secretary shall be a prosecutor in charge of procedures for returning property of the victim of a predicate offense.
(8) Except as provided in paragraphs (1) through (7), matters necessary for the composition and operation of the Deliberation Committee shall be prescribed by Ordinance of the Ministry of Justice.
 Article 12 (Provisions to Applied Mutatis Mutandis)
The provisions concerning procedures for seized articles and executing pecuniary punishment under Article 11 of the Prosecutors’ Office Act and affairs of each local prosecutor’s office shall apply mutatis mutandis to procedures for receipt, custody, and disposal of the property subject to recovery, within the extent consistent with the nature thereof.
 Article 13 (Processing Sensitive Information and Personally Identifiable Information)
The Minister of Justice or a prosecutor may process information such as criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act or data containing resident registration numbers, passport numbers, driver’s license numbers, or alien registration numbers under Article 19 of the same Decree if essential in order to conduct the affairs concerning return of the property of a victim of a predicate offense under Article 6 of the Act.
ADDENDA <Presidential Decree No. 31172, Nov. 24, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Reporting)
The amended provisions of Articles 6 (1) (limited to matters concerning the period of claims) and 7 (1) 4 shall apply beginning with notice or public announcement made under Article 5 after this Decree enters into force.
Article 3 (Applicability concerning Additional Return)
The amended provisions of Article 9 shall also apply where the procedures for return under the former provisions are completed at the time this Decree enters into force and property subject to recovery still remains or property subject to recovery related to the relevant procedures is additionally kept after this Decree enters into force.
Article 4 (Applicability to Raising Objection)
The amended provisions of Article 10 shall apply beginning with cases where a prosecutor determines whether to return property subject to recovery pursuant to the amended provisions of Article 7 (1) after this Decree enters into force.