ACT ON PROBATION

영문법령 불러오는 중…

ACT ON PROBATION — 법갈피

Article 28(Investigations for Probation of Adult Inmates) #

(1) Where the head of a prison, detention center or juvenile prison requests a Parole Review Committee to review whether the adults, who have been sentenced to imprisonment with or without labor or heavier punishment (hereinafter referred to as "adult inmates"), are eligible for parole under Article 121 of the Administration and Treatment of Correctional Institution Inmates Act, he or she shall send the lists of persons subject to review of eligibility for parole and a written investigation into their personal matters, to a Review Commission having jurisdiction over the location of the correctional institution, detention center or juvenile correctional institution, when making such request.

(2) Where a Review Commission receives the lists of persons subject to review of eligibility for parole and a written investigation into their personal matters from the head of a correctional institution, detention center or juvenile correctional institution, it may interview the relevant adult inmates to directly investigate the matters referred to in Article 26 (2), the risk of recidivism of adult inmates after release and the adaptability to society (hereinafter referred to as "investigation for probation"); or request the head of a probation office having the jurisdiction over the location of a correctional institution, detention center or juvenile correctional institution or a place, in which the relevant adult inmates, etc. are expected to reside, to conduct an investigation for probation by sending relevant materials to him or her.

(3) The head of a probation office in receipt of a request to conduct an investigation for probation referred to in paragraph (2) shall conduct such investigation, without delay, and notify the Review Commission of the outcomes thereof.

(4) Upon request from a Review Commission or the head of a probation office to provide necessary cooperation, such as interviewing adult inmates for investigation for probation, the head of a correctional institution, detention center or juvenile correctional institution shall comply with such request.

[This Article Wholly Amended on May 28, 2009]

Article 32(Matters to Be Observed by Persons on Probation) #

(1) Persons on probation shall observe orders under the guidance and surveillance of probation officers and endeavor to become normal members of society on their own.

(2) Persons on probation shall observe the following matters:

1. They shall live in a residential area and have an occupation;

2. They shall quit bad habits leading to crimes and perform good deeds and shall not acquaint or socialize with persons likely to commit a crime;

3. They shall observe the guidance and surveillance of probation officers and meet and talk with probation officers visiting them;

4. They shall report to probation officers in advance, when they change their residence or take a trip at home or abroad for at least one month.

(3) The court and/or Review Commission may order persons on probation to especially observe the following matters by determining a period within the period of probation, when necessary, in light of the details and types of crimes and their characteristics, other than matters to be observed under paragraph (2), when it declares a ruling or notifies decisions:

1. They shall abide to a curfew, including at night, likely to create an opportunity or impulse to repeat violations;

2. They shall not access specific regions or places, likely to create an opportunity or impulse to repeat violations;

3. They shall refrain from contact with specific potential victims of crimes;

4. They shall endeavor to recover damage from crimes;

5. They shall live at a directed place;

6. They shall refrain from engaging in speculative activities;

7. They shall not consume alcoholic beverages in excess of a specific amount;

8. They shall not use addictive substances, such as narcotics;

9. They shall undergo tests on whether they have injected, smoked or taken narcotics specified in the Narcotics Control Act;

10. Other matters prescribed by Presidential Decree as deemed necessary to prevent persons on probation from repeating violations.

(4) A court may fully or partially add, revise, or delete matters to be observed under paragraph (2) or (3) upon request of the head of a probation office or prosecutors, and a Review Commission may fully or partially add or revise such matters upon request of the head of a probation office, if a person on probation fails to observe such matters or if there exists any change in extenuating circumstances. <Amended on Apr. 16, 2019>

(5) Matters to be observed under paragraphs (2) through (4) shall be notified in writing.

[This Article Wholly Amended on May 28, 2009]

Article 55-3(Notification of Termination of Probation) #

(1) Where deemed necessary to prevent recidivism by a parolee who committed any of the following crimes when the probation of such parolee is terminated, the head of a probation office may notify the head of a police agency having jurisdiction over the parolee's dwelling, of the termination of his or her probation, etc.: <Amended on Dec. 27, 2016; Feb. 4, 2020>

1. A sexual assault under subparagraph 2 of Article 2 of the Act on Electronic Monitoring, murder under subparagraph 3-2 of the same Article and robbery under subparagraph 3-3 of the same Article;

2. Any of the following crimes:

(a) A crime defined under Article 287, Article 288, Article 289, Article 290, Article 291, Article 292 and Article 294 among the crimes of kidnapping, abduction and trafficking in persons under Chapter XXXI of Part II of the Criminal Act; a crime defined under Article 324-2 and Article 324-3 among the crimes of obstructing another from exercising his or her right under Chapter XXXVII of Part II of the same Act; and a crime defined under Article 336 among the crimes of larceny and robbery under Chapter XXXVIII of Part II of the same Act;

(b) A crime defined under Article 5-2 of the Act on the Aggravated Punishment of Specific Crimes;

3. A crime defined under Article 4 and Article 5 of the Punishment of Violences Act, and a crime defined under Article 114 among crimes against public peace under Chapter V of Part II of the Criminal Act;

4. Any of the following crimes:

(a) A crime defined under Article 164, Article 165, Article 166, Article 167, Article 168, Article 172, Article 172-2, Article 173, and Article 174 among crimes of arson and accident fires under Chapter XIII of Part II of the Criminal Act;

(b) A crime defined under Article 71 of the Creation and Management of Forest Resources Act;

(c) A crime defined under Article 53 of the Forest Protection Act (excluding a crime under paragraph (5) of the same Article);

(d) A crime defined under items (a) through (c), punishable cumulatively pursuant to other statutes;

5. A crime defined under Article 58, Article 59 and Article 60 of the Narcotics Control Act (excluding a crime defined under Article 59 (1) 3, 5, 9 and 12; a crime of giving and receiving, holding, possessing, using, controlling, preparing, dosing, supplying psychotropic drugs; or a crime of issuing a prescription of psychotropic drugs, among crimes under Article 60 (1) 2); a crime defined under Article 6, Article 7, Article 8 and Article 9 of the Act on Special Cases concerning the Prevention of Illegal Trafficking in Narcotics; and a crime defined under Article 11 of the Act on the Aggravated Punishment of Specific Crimes.

(2) Matters to be notified by the head of a probation office pursuant to paragraph (1) shall be as follows:

1. Name;

2. Resident registration number;

3. Address;

4. Name of crime;

5. Details of judgment;

6. Date of termination of probation.

(3) Matters necessary for the procedures, etc. of notification under paragraph (1) shall be prescribed by Presidential Decree.

[This Article Newly Inserted on Dec. 30, 2014]

Article 1(Purpose) #

Article 2(Cooperation from Nationals) #

Article 3(Persons Subject to Probation) #

Article 4(Operative Standards) #

Article 5(Establishment) #

Article 6(Jurisdictional Duties) #

Article 7(Organizational Structure) #

Article 8(Terms of Members) #

Article 9(Dismissal of Members) #

Article 10(Status of Members) #

Article 11(Review) #

Article 12(Resolution and Decision) #

Article 12-2(Persons Deemed to Be Public Officials for Purposes of Penalty Provisions) #

Article 13(Name, Jurisdictional Area and Operation) #

Article 14(Establishment of Probation Office) #

Article 15(Jurisdictional Duties of Probation Office) #

Article 16(Probation Officers) #

Article 17(Titles of Probation Offices) #

Article 18(Volunteers for Crime Prevention) #

Article 19(Investigation Conducted before Ruling) #

Article 19-2(Investigations Conducted before Determination) #

Article 20(Notification of Ruling) #

Article 21(Statutory Notice by Warden) #

Article 22(Requests for Parole, Release and Provisional Release) #

Article 23(Review and Determination of Parole, Release and Provisional Release) #

Article 24(Review and Determination on Probation of Adult Inmates) #

Article 25(Permission from Minister of Justice) #

Article 26(Background Investigations) #

Article 27(Environment Improvement Programs) #

Article 28(Investigations for Probation of Adult Inmates) #

Article 29(Commencement and Reports of Probation) #

Article 30(Period of Probation) #

Article 31(Persons in Charge of Probation) #

Article 32(Matters to Be Observed by Persons on Probation) #

Article 33(Guidance and Surveillance) #

Article 33-2(Classification and Treatment) #

Article 34(Relief) #

Article 35(Emergency Relief) #

Article 36(Assistance and Cooperation from Rehabilitation Service Operators) #

Article 36-2(Cooperation for Medical Treatment of Persons with Mental Illness on Probation) #

Article 37(Investigation of Persons Subject to Probation) #

Article 38(Warnings) #

Article 39(Arrest) #

Article 40(Immediate Arrest) #

Article 41(Period of Arrest) #

Article 42(Detention) #

Article 43(Period of Detention) #

Article 44(Cancellation of Detention) #

Article 45(Including Detention Period in Term of Punishment) #

Article 45-2 #

Article 46(Provisions Applicable Mutatis Mutandis) #

Article 46-2(Use of Protective Equipment) #

Article 46-3(Types of Protective Equipment and Requirements for Use) #

Article 46-4(Notice of Use of Protective Equipment) #

Article 46-5(Prohibition of Unregulated Use of Protective Equipment) #

Article 47(Invalidating Suspension of Sentence or Revoking Suspension of Execution on Condition of Probation) #

Article 48(Revocation of Parole and Provisional Release) #

Article 49(Revision of Protective Disposition) #

Article 50(Termination of Indeterminate Sentence) #

Article 51(Termination of Probation) #

Article 52(Temporary Revocation) #

Article 53(Suspension of Probation) #

Article 54(Confidential Information and Refusal to Give Testimony) #

Article 55(Transfer of Probation Cases) #

Article 55-2(Receipt of Donations) #

Article 55-3(Notification of Termination of Probation) #

Article 55-4(Requests for Access to Criminal Records) #

Article 56(Special Case of Persons Subject to Military Act) #

Article 57(Application Mutatis Mutandis of Criminal Procedure Act) #

Article 58(Partial Exclusion of Application from Administration and Treatment of Correctional Institution Inmates Act) #

Article 59(Scope of Orders to Provide Community Service and Undergo Education) #

Article 60(Notification of Ruling) #

Article 61(Persons in Charge of Execution of Orders to Provide Community Service or Undergo Education) #

Article 62(Matters to Be Observed by Persons Obliged to Provide Community Service or Undergo Education) #

Article 63(Completion of Providing Community Service or Undergoing Education) #

Article 64(Provisions to Be Applied Mutatis Mutandis) #

Article 65(Methods of Providing Rehabilitation Services) #

Article 66(Application for Rehabilitation and Measures) #

Article 67(Permission for Rehabilitation Service) #