ACT ON SPECIAL CASES CONCERNING CONFISCATION ON OFFENSES OF PUBLIC OFFICIALS

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to eradicate sources of illegality and corruption in the officialdom and to create a corruption-free public sector by prescribing special cases concerning forfeiture, etc. in order to thoroughly pursue and confiscate any unlawful profits, etc. that a person who committed a specific offense by a public official has obtained through such a criminal offense.

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

Article 2(Definitions) #

The terms used in this Act are defined as follows:

1. The term "specific offense by a public official" means an offense falling under any of the following items (where the relevant offense and another offense are in the nature of imaginative concurrence of offenses pursuant to Article 40 of the Criminal Act, such another offense shall be included):

(a) Offenses referred to in Articles 129 through 132 of the Criminal Act;

(b) An offense referred to in Article 355 of the Criminal Act, which a person prescribed in subparagraph 1, 2 or 4 of Article 2 (only applicable to an assistant to a person prescribed in subparagraph 1 or 2 of the same Article who conducts part of such accounting business) of the Act on Liability of Accounting Personnel, etc. has committed with respect to his or herhis or her duties even though he or shehe or she knows that such an offense will inflict losses on the National Treasury or a local government;

2. The term "unjust enrichment" means property which a public official has acquired by committing an offense classified as a specific offense by a public official;

3. The term "property occurring from unjust enrichment" means property accumulated by transformation of or increase in unjust enrichment, such as property acquired as fruit of unjust enrichment, property acquired as the price of unjust enrichment, property as the price of such property, etc. (where unjust enrichment are transformed or increased by being combined with property not related with unjust enrichment, only part of property that results from unjust enrichment shall be applicable);

ACT ON SPECIAL CASES CONCERNING CONFISCATION ON OFFENSES OF PUBLIC OFFICIALS

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Forfeiture of Unlawful Property) #

Article 4(Method of Forfeiture of Property with Which Unlawful Property Has Been Combined) #

Article 5(Requirements for Forfeiture) #

Article 6(Levying of Penalties) #

Article 7(Verification of Unlawful Property) #

Article 8(Continuance of Right of Third Person) #

Article 9(Disposition of Property Forfeited) #

Article 9-2(Levying of Penalties on Unlawful Property,) #

Article 9-3(Disposition of Public Prosecutor for Execution of Forfeiture or Levying of Penalties) #

Article 9-4(Prescription of Forfeiture or Levying of Penalties) #

Article 10(Registration According to Judgment on Forfeiture) #

Article 11(Special Cases on Criminal Compensation) #

Article 12(Special Cases on Disposition of Property Forfeited) #

Article 13(Notification) #

Article 14(Procedures for Participation) #

Article 15(Rights of Participant) #

Article 16(Attendance of Participants) #

Article 17(Evidence) #

Article 18(Restrictions on Decision on Confiscation) #

Article 19(Appeals) #

Article 20(Attorneys) #

Article 21(Application of Criminal Procedure Act Mutatis Mutandis) #

Article 22(Relationship with other Procedures) #

Article 23(Preservation Order for Forfeiture) #

Article 24(Preservation Order for Forfeiture before Prosecution) #

Article 25(Execution of Decision on Preservation for Forfeiture) #

Article 26(Effect of Preservation for Forfeiture) #

Article 27(Preservation for Forfeiture of Real Property) #

Article 28(Preservation for Forfeiture of Ships) #

Article 29(Preservation for Forfeiture of Movable Property) #

Article 30(Preservation for Forfeiture of Claims) #

Article 31(Preservation for Forfeiture of Other Property Rights) #

Article 32(Revocation of Preservation Order for Forfeiture) #

Article 33(Loss of Effect of Preservation Order for Forfeiture) #

Article 34(Measures in Cases Where Preservation for Forfeiture Loses Effect) #

Article 35(Restrictions on Compulsory Execution Proceedings on Property Preserved for Forfeiture) #

Article 36(Deposit of Third-Party Obligor) #

Article 37(Restrictions on Forfeiture of Property Which Became Subject Matter of Compulsory Execution) #

Article 38(Suspension of Compulsory Execution) #

Article 39(Adjustment with Procedure for Auction for Execution of Security Right) #

Article 40(Adjustment with other Procedures) #

Article 41(Effect of Incidental Preservation Order) #

Article 42(Preservation Order for Levying of Penalties) #

Article 43(Preservation Order for Levying of Penalties before Prosecution) #

Article 44(Execution of Preservation Order for Levying of Penalties) #

Article 45(Deposit by Obligor of Pecuniary Claim) #

Article 46(Deposit of Release Money from Preservation for Levying of Penalties and Execution of Decision of Levying of Penalties) #

Article 47(Revocation of Preservation Order for Levying of Penalties) #

Article 48(Losing Effect of Preservation Order for Levying of Penalties) #

Article 49(Measures Where Preservation Order for Levying of Penalties Loses Effect) #

Article 50(Service) #

Article 51(Disposition during Period for Appeal) #

Article 52(Application for Dissatisfaction) #