ACT ON SPECIAL CASES CONCERNING CRIMINAL PROCEDURE FOR CRIMES OF INSURRECTION, FOREIGN AGGRESSION, AND REBELLION

Article 1(Purpose) #

The purpose of this Act is to prescribe special cases concerning criminal procedure, including the prompt and fair conduct of trials and the protection of informants, in consideration of the gravity of crimes of insurrection, foreign aggression, and rebellion.

Article 2(Scope of application) #

This Act shall apply to cases deemed to be of national importance due to their significant political, economic, or social impact and public interest, or cases for which a trial period is specifically prescribed by other statutes, among crimes of insurrection, foreign aggression, and rebellion that fall under any of the following subparagraphs (hereinafter referred to as "subject cases"):

1. Cases concerning the crimes of insurrection under Chapter I (Crimes of Insurrection) and the crimes of foreign aggression under Chapter II (Crimes of Foreign Aggression) of Part II of the Criminal Act;

2. Cases concerning the crimes of rebellion under Chapter I (Crimes of Rebellion) of Part II of the Military Criminal Act;

3. Related cases prosecuted upon complaint or accusation, or recognized in the course of investigation and instituted by indictment, in connection with the cases referred to in subparagraphs 1 and 2.

Article 3(Relationship to other statutes or regulations) #

Except as provided in this Act, the subject cases shall be governed by the Court Organization Act and the Criminal Procedure Act.

Article 4(Precedence) #

This Act shall prevail over any other statute with respect to the subject cases provided in Article 2.

Article 5(Exclusive jurisdiction over trials) #

(1) Cases related to requests, at the investigation stage, for warrants of seizure, search, inspection, arrest, or detention (including authorization for communications-restricting measures and authorization for the provision of communications confirmation data under the Protection of Communications Secrets Act; hereinafter the same shall apply) shall be under the exclusive jurisdiction of the Seoul Central District Court.

(2) The trial of the first instance shall be under the exclusive jurisdiction of the Seoul Central District Court, to which the dedicated panel established under Article 7(1) belongs.

(3) Appellate trials shall be under the exclusive jurisdiction of the Seoul High Court, to which the dedicated panel established under Article 7(1) belongs.

Article 6(Appointment of warrant judges) #

The Chief Judge of the Seoul Central District Court shall appoint not fewer than 2 judges who shall exclusively conduct warrant review under Article 5(1) (hereinafter referred to as “warrant judges”) in accordance with the procedures provided in Article 8.

Article 7(Establishment and composition of dedicated panels) #

(1) The Seoul Central District Court and the Seoul High Court shall each establish 2 or more dedicated panels for the trial of subject cases.

(2) A dedicated panel under paragraph (1) shall handle only the adjudication of subject cases, and no other matters, during the period in which such cases are pending.

(3) Each dedicated panel shall consist of 3 judges of equal authority, one of whom shall serve as the presiding judge; the judges of the dedicated panel, including the presiding judge, shall be appointed in accordance with the procedures prescribed in Article 8.

Article 8(Procedures for composition of dedicated panels) #

(1) The Council of Judges of the Seoul Central District Court and the Seoul High Court under Article 9-2 of the Court Organization Act shall promptly establish standards for the composition of dedicated panels, including the number of dedicated panels under Article 7, the qualifications of warrant judges, and the qualifications of judges who will constitute dedicated panels (hereinafter referred to as “dedicated panel judges”).

(2) The Case Assignment Committee of the relevant court established under Supreme Court Regulations (hereinafter referred to as the “Case Assignment Committee”) shall, within 1 week from the date on which the standards under paragraph (1) are established, assign duties accordingly, report such assignment to the Council of Judges of the relevant court, and obtain its resolution thereon.

(3) The Chief Judge of the Seoul Central District Court and the Chief Judge of the Seoul High Court shall appoint dedicated panel judges in accordance with the assignment of duties resolved upon by the Council of Judges of the relevant court under paragraph (2).

(4) Except as provided in paragraphs (1) through (3), matters necessary for the constitution of dedicated panels may be prescribed by Supreme Court Rules.

Article 9(Trial period) #

Trials of subject cases shall be conducted as expeditiously as possible in priority over other cases, and the Chief Judge of the relevant court shall provide human and material support to ensure that dedicated panels adjudicate subject cases both expeditiously and thoroughly.

Article 10(Statement of opinions of dedicated panels) #

The written judgment of a dedicated panel shall indicate the opinions of all judges who participated in the deliberation.

Article 11(Broadcasting, recording, video recording, and filming of trials) #

(1) Trials of the first instance (excluding preparatory hearings) shall be broadcast; provided, if the presiding judge finds that such broadcasting is likely to undermine national security, public safety, or public order, or to harm public morals, he or she may decide not to broadcast a portion of the trial.

(2) With respect to trials other than those of the first instance, the presiding judge shall permit broadcasting upon a motion by the prosecutor or the defendant, unless exceptional circumstances exist; provided, if the presiding judge determines that exceptional circumstances exist that warrant denial of broadcasting, he or she may deny such broadcasting by ruling, and in such cases, shall state the reasons therefor at the time of the ruling.

(3) In trials of subject cases, the entire proceedings shall be stenographically recorded by a court reporter, and recorded or video-recorded (including audio) by means of audio-recording or video-recording equipment.

(4) Where a trial is broadcast under paragraph (1) or (2), no de-identification measures (referring to visual or auditory measures to protect the personal safety or privacy of trial participants within the courtroom) need be taken with respect to trial contents containing personal information, private life information, or state secrets, and no relevant public official shall bear civil or criminal liability in connection with such broadcasting unless such liability arises from intent or gross negligence.

Article 12(Public reporting of cases) #

In order to guarantee the public’s right to know, the court may provide explanations through the media regarding the standards for the constitution of dedicated panels, the progress of trials, and other matters related to trial proceedings.

Article 13(Protection of informants, etc.) #

(1) No person shall take any disadvantageous measure as defined in subparagraph 6 of Article 2 of the Public Interest Whistleblower Protection Act against a person who has made a report, complaint, petition, accusation, or provided investigative leads with respect to subject cases (hereinafter referred to as “reporting, etc.”) (hereinafter referred to as “informants, etc.”).

(2) Chapter III of the Public Interest Whistleblower Protection Act shall apply mutatis mutandis to the protection of informants, etc. In such cases, an informant, etc. shall be deemed a public interest whistleblower under the Public Interest Whistleblower Protection Act.

(3) A person who has submitted important materials in the course of an investigation or inquiry may be eligible for compensation or support. Chapter IV of the Public Interest Whistleblower Protection Act shall apply mutatis mutandis to the compensation or support for informants, etc.

(4) Where a person who has violated the Criminal Act or any other statute in connection with subject cases makes a material statement or gives material testimony that establishes another person’s crime, submits other materials, or provides information for the apprehension of an offender, the investigative agency may request exemption from or mitigation of punishment or other lenient treatment. In such cases, the court may mitigate or exempt the punishment or, notwithstanding Article 62 of the Criminal Act, suspend the execution thereof.