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ACT ON SPECIAL CASES CONCERNING THE PREVENTION OF ILLEGAL TRAFFICKING IN NARCOTICS, ETC. — 법갈피

영문법령 / ACT ON SPECIAL CASES CONCERNING THE PREVENTION OF ILLEGAL TRAFFICKING IN NARCOTICS, ETC.

ACT ON SPECIAL CASES CONCERNING THE PREVENTION OF ILLEGAL TRAFFICKING IN NARCOTICS, ETC.

법률일부개정시행 2021-01-05법무부 · 제17826호 · 공포 2021-01-05

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to prescribe special cases, etc. for the Narcotics Control Act and other related Acts to seek the repression and prevention of narcotics crimes through the prevention of activities, etc., under international cooperation, that encourage illegal activities relating to narcotics, etc. and to seek the effective execution of international conventions in this regard.

[This Article Wholly Amended on Nov. 2, 2009]

Article 2(Definitions) #

(1) For the purpose of this Act, the term "narcotics, etc." means narcotics provided for in subparagraph 2 of Article 2 of the Narcotics Control Act, psychotropic drugs provided for in subparagraph 3 of the same Article, and marijuana provided for in subparagraph 4 of the same Article. <Amended on Jun. 7, 2011>

(2) For the purpose of this Act, the term "narcotics crime" means any of the following crimes (and includes any crime which is present within a compound crime under Article 40 of the Criminal Act with any of the following crimes):

1. A crime under Article 6, 9, or 10;

2. A crime under Articles 58 through 61 of the Narcotics Control Act.

(3) For the purpose of this Act, the term "illegal profits" means any property acquired from a criminal act in a narcotics crime, any property acquired as payment for such criminal act, or any funds involved in a crime (including any criminal attempt) under Article 60 (1) 1 or Article 61 (1) 1 of the Narcotics Control Act. <Amended on Jun. 7, 2011>

(4) For the purpose of this Act, the term "property derived from illegal profits" means any property acquired as the fruits of illegal profits, any property acquired in consideration for illegal profits, any property acquired in consideration for such properties, or any property acquired from the possession or disposition of illegal profits.

(5) For the purpose of this Act, the term "illegal profits, etc." means illegal profits, any property derived from illegal profits, or any property which is a mixture of such property and any other property.

[This Article Wholly Amended on Nov. 2, 2009]

CHAPTER II SPECIAL PROVISIONS REGARDING ENTRY AND LANDING PR

Article 3(Special Provisions concerning Entry and Landing Procedure, etc.) #

(1) Notwithstanding Article 11 (1) 1 of the Immigration Act, where any immigration control officer receives an application for entry from a foreigner, even though such foreigner is suspected to be a person who falls under Article 11 (1) 1 of the Immigration Act, the immigration control officer may permit the foreigner’s entry after acquiring the approval of the Minister of Justice, upon the request by a prosecutor declaring the necessity to allow the foreigner to enter the Republic of Korea in connection with an investigation of a narcotics crime for which a sufficient surveillance system has been established to prevent the distribution of narcotics, etc. and the escape of foreigners.

(2) Notwithstanding the proviso to Article 14 (1) of the Immigration Act, where an immigration control officer receives an application for landing permission from a foreigner as stipulated in Article 14 (1) of the same Act, even though the foreigner is suspected to be a person who falls under Article 11 (1) 1 of the same Act, the immigration control officer may permit the foreigner’s landing after obtaining the approval of the Minister of Justice, upon the request by a prosecutor declaring the necessity to allow the foreigner to enter the Republic of Korea in connection with an investigation of a narcotics crime for which a sufficient surveillance system has been established to prevent the distribution of narcotics, etc. and the escape of foreigners.

(3) When an immigration control officer receives a notice by a prosecutor declaring that it is not proper to allow a foreigner, who received permission of entry as stipulated in paragraph (1) or permission of landing as stipulated in paragraph (2), to continue to stay in the Republic of Korea, the immigration control officer shall immediately review whether such foreigner fell under Article 11 (1) 1 of the Immigration Act at the time of entry or landing.

(4) Where an immigration control officer deems that a foreigner fell under Article 11 (1) 1 of the Immigration Act as a result of the review as referred to in paragraph (3), the immigration control officer shall cancel permission of entry or landing after obtaining approval of the Minister of Justice.

(5) Any judicial police officer may submit an application to a prosecutor so that the latter may make a request or give a notice pursuant to paragraphs (1) through (3). In such cases, the prosecutor, upon receipt of such application, shall make a request or give a notice as stipulated in paragraphs (1) through (3).

[This Article Wholly Amended on Nov. 2, 2009]

Article 24(Intervention Procedure) #

(1) Any third party whose property is likely to be confiscated may apply for an intervention in any criminal case proceedings against a defendant in writing to the court in which the criminal case against the defendant is pending before a trial of first instance commences (or, in cases of a trial by summary proceedings, before the deadline for requesting a formal trial expires or, if a request for a formal trial is made in such cases, before a trial of first instance according to the ordinary trial procedure commences; hereinafter the same shall apply): Provided, That where any notification has been made in accordance with Article 23 (1) or (2), the third party may apply for the intervention within 14 days after the date thereof.

(2) Where a court which has received documents regarding notification or public notification under Article 23 (3) receives an application for intervention after transferring a criminal case against a defendant to another court, the original court shall send the application documents to the court to which the criminal case against the defendant is transferred. In such cases, it shall be deemed that the third party applies for intervention when he/she applies for intervention to the original court which transferred the criminal case against the defendant.

(3) A court shall dismiss an application for intervention where a third party's application for intervention falls under any of the following subparagraphs:　Provided, That where it is deemed that the applicant is not responsible for failing to apply for intervention within the time period under the proviso to paragraph (1), the intervention may be permitted before a trial of the first instance commences:

1. When the application for intervention is in violation of the proper legal procedures;

2. When the application has been made after the expiration of the time period under paragraph (1);

3. When it is clear that the property to be confiscated or any surface rights, mortgage, or other rights exist over the property to be confiscated do not belong to the applicant.

(4) Except in cases under paragraph (3), a court shall permit any application for intervention: Provided, That an application for intervention may be dismissed when the prosecutor’s opinion that the confiscation is impossible or unnecessary is deemed to be reasonable.

(5) Where a court permits intervention, but it later becomes clear that the property to be confiscated or any surface rights, mortgage, or other rights on the property to be confiscated do not belong to the person who has obtained permission for intervention (hereinafter referred to in this Chapter as "intervenor"), the court shall cancel the judgment following the trial which allowed the intervention, and, if the court deems that the prosecutor’s opinion that the confiscation is impossible or unnecessary is reasonable, the court may cancel the judgment following the trial which allowed the intervention.

(6) The adjudication on the intervention shall be made after considering the opinions of the prosecutor, the applicant for intervention, the intervenor, the defendant, or the defense counsel.

(7) A prosecutor, an applicant for intervention, or an intervenor may immediately appeal a decision to dismiss an application for intervention or a decision to cancel a judgment following a trial which allowed intervention.

(8) Withdrawal of an application for intervention shall be in writing: Provided, That on the trial date, it may be verbally.

[This Article Wholly Amended on Nov. 2, 2009]

Article 33(Order of Preservation for Confiscation) #

(1) Where, with respect to a criminal case against a defendant involved in a narcotics crime, etc., a court has a reasonable ground to find that a property may be subject to confiscation under this Act, the Act on the Control of Narcotics, Etc. and other statutes (hereinafter referred to as "property subject to confiscation") and deems it necessary to confiscate the property, the court may prohibit the disposition of the property by issuing an order of preservation for confiscation upon the request of the prosecutor or ex officio.

(2) Where a court has issued or is going to issue an order of preservation for confiscation of the property over which surface rights, mortgage, or other rights exist, if there exists a reasonable ground to judge that the above rights might be extinguished by the confiscation and it is deemed necessary to confiscate the property, or if there is a reasonable ground to judge that the above rights are fictitious, then the court may prohibit the disposition of the rights by issuing a supplemental preservation order additionally upon the request of the prosecutor or ex officio.

(3) An order of preservation for confiscation or a supplemental preservation order shall include the name of the defendant, the name of offense, the summary of the facts constituting the offense charged, the provisions of the statutes which constitute the basis of the confiscation, the specification of property or rights of which disposition is prohibited, the name of the person to whom the property or the rights belong, date of issuance, and other matters prescribed by the Supreme Court Regulations, and a judge rendering judgment shall sign the order and affix his/her seal thereto.

(4) Where emergent measures are necessary, the presiding judge may dispose of the property under paragraph (1) or (2) or have a member of the collegiate court dispose of it.

(5) Preservation for confiscation of movables or immovables shall not hinder any seizure under the Criminal Procedure Act.

[This Article Wholly Amended on Nov. 2, 2009]

Article 47(Limitation on Confiscation of Property Subject to Compulsory Execution) #

(1) There shall be no trial for confiscation of property on which a decision to commence an official auction by compulsory execution has been already made or which has already been seized by compulsory execution before the property is preserved for confiscation: Provided, That this shall not apply to any of the following subparagraphs:

1. Where an execution creditor’s claim is found to be a fictitious one;

2. Where an execution creditor applies for a compulsory execution knowing a property to be subject to confiscation;

3. Where an execution creditor is the offender.

(2) Where any surface rights, mortgage, or other rights which exist on a property subject to confiscation and the disposition of which is prohibited by a court’s supplemental preservation order are seized by a decision to commence a compulsory sale by official auction or by compulsory execution, before the prohibition of disposition is ordered, the court shall declare the continuance of the rights to the property when it confiscates the property and shall declare the purport simultaneously with its decision to confiscate property: Provided, That this shall not apply to any of the following subparagraphs:

1. Where an execution creditor’s claim is found to be a fictitious one;

2. Where an execution creditor applies for a compulsory execution knowing that his/her right shall be extinguished by confiscation;

3. Where an execution creditor is the offender.

(3) Where an order of preservation for confiscation is issued on a property which has already been seized by a decision to commence a compulsory sale by official auction or by compulsory execution, there shall be no trial for confiscation of the property unless the execution creditor (excluding any execution creditor who is a defendant) is permitted to intervene the relevant criminal procedure. The same shall also apply to the confiscation of property under paragraph (2).

(4) Special provisions concerning application for intervention by a third party, etc. in Chapter 5 shall apply mutatis mutandis to the confiscation procedure under paragraph (3).

[This Article Wholly Amended on Nov. 2, 2009]

Article 50(Coordination with Other Procedures) #

(1) Article 45 shall apply mutatis mutandis to the limitation on the procedures in any of the following subparagraphs: <Amended on Mar. 31, 2010; Dec. 27, 2016>

1. Where property preserved for confiscation is seized for the collection of delinquent taxes (referring to various collection procedures under the provisions of the National Tax Collection Act and the Local Tax Collection Act; hereinafter the same shall apply);

2. Where an adjudication of bankruptcy or a decision to commence the composition (hereafter in this Article referred to as "adjudication of bankruptcy, etc.") is made on a person who owns property preserved for confiscation;

3. Where a decision to commence a reorganization procedure is made on a company which owns property preserved for confiscation.

(2) Article 46 shall apply mutatis mutandis to a deposit by a third party obligor in cases falling under any of the following subparagraphs:

1. Where a seizure for the collection of delinquent taxes is made upon a money claim preserved for confiscation;

2. Where a money claim for which a seizure has been made for the collection of delinquent taxes is preserved for confiscation.

(3) Article 46 (1) and (2) shall apply mutatis mutandis to a deposit by a third party obligor in cases falling under any of the following subparagraphs:

1. Where a provisional seizure is made for a money claim preserved for confiscation;

2. Where a money claim for which a provisional seizure has been made is preserved for confiscation.

(4) Article 47 shall apply mutatis mutandis to the limitation on the confiscation of property in cases falling under any of the following subparagraphs:

1. Where there is a provisional seizure of property before it is preserved for confiscation;

2. Where there is a provisional seizure of any surface rights, mortgage, or other rights on a property subject to confiscation before the prohibition to dispose thereof is made by a supplemental preservation order.

(5) The main sentence of Article 47 (1) shall apply mutatis mutandis to the limitation on the confiscation of property in cases falling under any of the following subparagraphs:

1. Where a property subject to preservation for confiscation is seized for the collection of delinquent taxes before the property is preserved for confiscation;

2. Where an adjudication of bankruptcy, etc. is made on a person who owns a property subject to preservation for confiscation before the property is preserved for confiscation;

3. Where a decision to commence a reorganization procedure is made on a company which owns a property subject to preservation for confiscation before the property is preserved for confiscation.

(6) In connection with any surface rights, mortgage, or other rights on a property subject to confiscation, the disposition of which is prohibited by a supplemental preservation order, the main sentence of Article 47 (2) shall apply mutatis mutandis to the limitation on the confiscation of the property in cases falling under any of the following subparagraphs:

1. Where the rights are seized for the collection of delinquent taxes before the disposition of the rights is prohibited;

2. Where an adjudication of bankruptcy, etc. is made on a person who owns the rights before the disposition of the rights is prohibited;

3. Where a decision to commence a reorganization procedure is made on a company which owns the rights before the disposition of the rights is prohibited.

(7) Article 48 shall apply mutatis mutandis to the suspension of compulsory execution in cases where an order of preservation for confiscation is already issued or is going to be issued.

[This Article Wholly Amended on Nov. 2, 2009]

Article 64(Providing Cooperation) #

(1) Where a foreign country requests cooperation concerning a foreign criminal case against an act that falls under narcotics crimes in the execution of a final and conclusive judgment of confiscation or collection or in the preservation of a property for confiscation or collection purposes under a treaty, cooperation may be provided in response to the request except as provided for in the following subparagraphs:

1. Where it is deemed impossible to penalize a cooperation crime (referring to a crime that is the object of a request for cooperation; hereinafter the same shall apply) under the statutes of the Republic of Korea;

2. Where a trial on a case regarding a cooperation crime is in progress in a court of the Republic of Korea or a judgment thereon has already become final and conclusive or where an order of preservation for confiscation or collection has already been issued for a property subject to the cooperation;

3. Where a property relating to a request for cooperation in the execution of a final and conclusive judgment of confiscation or for cooperation in the preservation of property for confiscation purposes does not falls under the category of property that may be brought to a confiscation trial or become subject to the preservation for confiscation under the statutes of the Republic of Korea;

4. Where it is deemed impossible to make a judgment of collection or to preserve property for collection under the statutes of the Republic of Korea, in regard to a cooperation crime related to a request for cooperation in the execution of a final and conclusive judgment of collection or for cooperation in the preservation of property for collection purposes;

5. Where it is deemed that a third party who has a reasonable ground to be recognized as the owner of the property related to a request for cooperation in the execution of a final and conclusive judgment of confiscation or has any surface rights, mortgage, or other rights over the property was unable to claim such right at the relevant trial through no fault of such third party;

6. Where it is deemed that no grounds exist under Article 33 (1) or 52 (1) for cooperation in the preservation of property for confiscation or collection purposes: Provided, That this shall not apply if a request for cooperation in the preservation of property is based on a judgment executed by a court or judge of the foreign country making the request for the preservation of property for confiscation or collection purposes or if a request is made after a judgment of confiscation or collection becomes final and conclusive.

(2) When a property on which surface rights, mortgage, or other rights exist is confiscated for the cooperation of the execution of a final and conclusive judgment of confiscation, if necessary under the statutes of the Republic of Korea, such rights shall continue to exist.

[This Article Wholly Amended on Nov. 2, 2009]

Article 67(Review by Court) #

(1) Where a request for cooperation concerns the execution of a final and conclusive judgment of confiscation or collection, a prosecutor shall request a court to review whether it is a case which allows cooperation.

(2) The court shall dismiss the prosecutor’s request after review thereof where it deems the request for review to be unlawful, shall decide to allow a whole or partial cooperation where it deems the cooperation to be acceptable in all or in part of the final and conclusive judgment for which cooperation is requested, or shall decide to refuse to cooperate where it deems the request for cooperation to be totally unacceptable.

(3) Where the court decides to allow cooperation upon the request for cooperation in the execution of a final and conclusive judgment of confiscation, if there exist rights which are due to continue to exist under Article 64 (2), the court shall decide to maintain those rights as well.

(4) Where the court decides to allow cooperation upon the request for cooperation in the execution of a final and conclusive judgment of collection, the court shall indicate the amount to be collected in Korean won as well.

(5) In conducting its review pursuant to paragraph (1), the court may not review whether the final and conclusive judgment regarding the request for cooperation is properly made.

(6) Where the court conducts its review pursuant to paragraph (1), the court shall not decide to allow cooperation unless the court permits those who fall under any of the following subparagraphs (hereinafter referred to as the "interested person") to intervene the proceedings for the request for review:

1. An owner of a property related to a request for review or a person who may be recognized with reasonable ground as having surface rights, mortgage, or other rights on the property in cases of the cooperation in the execution of a final and conclusive judgment of confiscation, or an execution creditor or a creditor who has made a provisional seizure in cases where such property or rights are seized or provisionally seized by a decision to commence a compulsory sale by official auction or compulsory execution before they are subject to the preservation for confiscation;

2. A person who received a final and conclusive judgment of collection in cases of the cooperation in the execution of a final and conclusive judgment for collection.

(7) When making a decision on a request for review, the court shall consider opinions of the prosecutor and those who are allowed to intervene the proceedings for the request for review (hereinafter referred to as the "cooperation review intervenor").

(8) Where a cooperation review intervenor intends to state his/her opinion verbally or where a court examines witnesses or experts, the court shall fix a hearing date and give the cooperation review intervenor an opportunity to attend the hearing. In such cases, if a cooperation review intervenor has an attorney-in-fact attend the hearing because the cooperation review intervenor is unable to attend the hearing or if the court allows the cooperation review intervenor to make a statement in writing, the cooperation review intervenor shall be deemed to have been given an opportunity to attend.

(9) The prosecutor may attend the proceedings of the hearing under paragraph (8).

[This Article Wholly Amended on Nov. 2, 2009]

ACT ON SPECIAL CASES CONCERNING THE PREVENTION OF ILLEGAL TRAFFICKING IN NARCOTICS, ETC.

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Special Provisions concerning Entry and Landing Procedure, etc.) #

Article 4(Special Provisions concerning Customs Procedures) #

Article 5(Reporting by Financial Companies, etc.) #

Article 6(Illegal Importation, etc. Conducted for Business Purposes) #

Article 7(Concealment and Disguise of Illegal Profits, etc.) #

Article 8(Acceptance of Illegal Profits, etc.) #

Article 9(Importation, etc. of Goods Recognized as Narcotics, etc.) #

Article 10(Instigation, etc.) #

Article 11(Failure to Report, etc. on Illegal Profits, etc.) #

Article 12(Overseas Offenses) #

Article 13(Confiscation of Illegal Profits, etc.) #

Article 14(Confiscation of Property Mixed with Illegal Profits, etc.) #

Article 15(Requirements, etc. for Confiscation) #

Article 16(Collection) #

Article 17(Presumption of Illegal Profits) #

Article 18(Joint Penalty Provisions) #

Article 19(Declaration of Existence of Right) #

Article 20(Disposal of Confiscated Property, etc.) #

Article 21(Registration, etc. Based on Judgment of Confiscation) #

Article 22(Special Provision on Criminal Compensation) #

Article 23(Notice) #

Article 24(Intervention Procedure) #

Article 25(Rights of Intervenor) #

Article 26(Appearance of Intervenor, etc.) #

Article 27(Evidence) #

Article 28(Prohibition of Judgments of Confiscation) #

Article 29(Appeal) #

Article 30(Attorney-in-Fact) #

Article 31(Application Mutatis Mutandis of the Criminal Procedure Act) #

Article 32(Relations with Other Procedures) #

Article 33(Order of Preservation for Confiscation) #

Article 34(Order of Preservation before Institution of Public Prosecution) #

Article 35(Execution of Judgment of Preservation for Confiscation) #

Article 36(Effect of Preservation for Confiscation) #

Article 37(Preservation for Confiscation of Immovables) #

Article 38(Preservation for Confiscation of Vessels, etc.) #

Article 39(Preservation for Confiscation of Movables) #

Article 40(Preservation for Confiscation of Claims) #

Article 41(Preservation for Confiscation of Other Property Rights) #

Article 42(Cancellation of Order of Preservation for Confiscation) #

Article 43(Expiration of Order of Preservation for Confiscation) #

Article 44(Measures upon Expiration) #

Article 45(Limitation on Compulsory Execution Procedure for Property Preserved for Confiscation) #

Article 46(Third Party Obligor’s Deposit) #

Article 47(Limitation on Confiscation of Property Subject to Compulsory Execution) #

Article 48(Suspension of Compulsory Execution) #

Article 49(Coordination with Auction Procedure for Enforcement of Right of Hypothecation) #

Article 50(Coordination with Other Procedures) #

Article 51(Effect, etc. of Supplemental Preservation Order) #

Article 52(Order of Preservation for Collection) #

Article 53(Order of Preservation for Collection before Institution of Public Prosecution) #

Article 54(Execution of Order of Preservation for Collection) #

Article 55(Deposit by Obligor of Money Claim) #

Article 56(Deposit of Amount for Release from Preservation for Collection and Execution of Judgment of Collection) #

Article 57(Cancellation of Order of Preservation for Collection) #

Article 58(Expiration of Order of Preservation for Collection) #

Article 59(Measures when Order of Preservation for Collection Expires) #

Article 60(Service) #

Article 61(Disposition, etc. during Appeal Period) #

Article 62(Filing Objection) #

Article 63(Application Mutatis Mutandis) #

Article 64(Providing Cooperation) #

Article 65(Confiscation Deemed Collection) #

Article 66(Receipt of Request) #

Article 67(Review by Court) #

Article 68(Appeal) #

Article 69(Effect of Decision) #

Article 70(Cancellation of Decision) #

Article 71(Request for Preservation for Confiscation) #

Article 72(Request for Preservation for Collection) #

Article 73(Period of Preservation before Institution of Public Prosecution) #

Article 74(Cancellation of Proceedings) #

Article 75(Investigation of Facts) #

Article 76(Disposition by prosecutor) #

Article 77(Competent Court) #

Article 78(Application Mutatis Mutandis) #