ACT ON SPECIAL CASES CONCERNING THE CONFISCATION OF ILLEGAL POLITICAL FUNDS

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to fundamentally prevent the creation of illegal political funds, etc. and to enhance the transparency of political funds by prescribing special cases concerning confiscation of illegal political funds, etc.

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Oct. 31, 2017; May 18, 2021>

1. The term "illegal political funds, etc." means property derived from illegal conduct falling under any of the following crimes (where the relevant crime and another crime are related in the manner prescribed in Article 40 of the Criminal Act, the latter shall be included):

a. Crimes falling under Article 45 of the Political Funds Act;

b. Crimes falling under Articles 129 through 132 of the Criminal Act, Article 2 or 3 of the Act on the Aggravated Punishment of Specific Crimes, or Article 27(1) and 27(2)1 of the Act on the Prevention of Conflict of Interest Related to Duties of Public Servants, committed by a public official who has assumed office through an election defined in Article 2 of the Public Official Election Act;

2. The term "property derived from illegal political funds" means property accumulated by transformation of or increase in illegal political funds, etc., such as property acquired as fruit of illegal political funds, etc., property acquired in consideration for illegal political funds, etc., property acquired in consideration for such property, etc. (where illegal political funds, etc. are transformed or increased by being combined with property not related thereto, only part of the property that results from illegal political funds, etc. shall be applicable);

3. The term "unlawful property" means illegal political funds, etc. and property derived from illegal political funds, etc.

CHAPTER II SPECIAL CASES CONCERNING EXTENT OF AND REQUIREMEN

ACT ON SPECIAL CASES CONCERNING THE CONFISCATION OF ILLEGAL POLITICAL FUNDS

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Confiscation of unlawful property) #

Article 4(Methods for confiscating property with which unlawful property is combined) #

Article 5(Requirements for confiscation) #

Article 6(Collection) #

Article 7(Verification of unlawful property) #

Article 8(Continuance of rights of third parties) #

Article 9(Disposition of confiscated property) #

Article 10(Registration according to judgment on confiscation) #

Article 11(Special cases on criminal compensation) #

Article 12(Notice) #

Article 13(Intervention procedure) #

Article 14(Rights of intervenors) #

Article 15(Appearance of intervenors) #

Article 16(Evidence) #

Article 17(Restrictions on decision on confiscation) #

Article 18(Appeals) #

Article 19(Attorneys-in-fact) #

Article 20(Application mutatis mutandis of the Criminal Procedure Act) #

Article 21(Relationship to other procedures) #

Article 22(Order of preservation for confiscation) #

Article 23(Order of preservation for confiscation before public prosecution) #

Article 24(Execution of judgment of preservation for confiscation) #

Article 25(Effects of preservation for confiscation) #

Article 26(Preservation for confiscation of immovables) #

Article 27(Preservation for confiscation of vessels) #

Article 28(Preservation for confiscation of movables) #

Article 29(Preservation for confiscation of claims) #

Article 30(Preservation for confiscation of other property rights) #

Article 31(Cancellation of order of preservation for confiscation) #

Article 32(Expiration of order of preservation for confiscation) #

Article 33(Measures upon Expiration) #

Article 34(Restriction on compulsory execution procedures for property preserved for confiscation) #

Article 35(Third party obligor’s deposit) #

Article 36(Restriction on confiscation of property subject to compulsory execution) #

Article 37(Suspension of compulsory execution) #

Article 38(Coordination with auction procedures for enforcing right of hypothecation) #

Article 39(Coordination with other procedures) #

Article 40(Effects of supplemental Preservation order) #

Article 41(Order of preservation for collection) #

Article 42(Order of preservation for collection before public prosecution) #

Article 43(Execution of order of preservation for collection) #

Article 44(Deposit by obligor of pecuniary claim) #

Article 45(Deposit of amount for release from preservation for collection and execution of judgement of collection) #

Article 46(Cancellation of order of preservation for collection) #

Article 47(Expiration of order of preservation for collection) #

Article 48(Measures when order of preservation for collection expires) #

Article 49(Service) #

Article 50(Disposition during appeal period) #

Article 51(Filing objections) #