Korean Criminal Procedure

- From investigation to appeal -

Busan District Court

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 Introduction

According to the most recent data, 1 in 8 Korean marriages are

international marriages. Also, the number of foreigners residing in Korea

has topped 1,000,000 persons, and projections indicate that there could be

more than 10,000,000 foreigners in Korea by the year 2050.

For thousands of years, Korea has been a largely homogenous society.

Now, however, Korea is rapidly becoming a multi-racial society. In this

regard, the International Convention on the Elimination of All Forms of

Racial Discrimination has identified Korea as a country that needs to

overcome the concept of homogeneity in light of the fact that the number

of foreigners residing in Korea and the number of children born to

interracial marriages are increasing, and Korea has come a long way

toward becoming a multi-racial society.

One unavoidable aspect of an increase in the number of foreigners is an

increase in the number of crimes committed by foreigners. This is

especially true for Busan. As Busan is home to one of the busiest ports

in the world and as it is major distribution hub and a port of entry for

tourists from China, Japan, Russian and other countries, Busan has one

highest foreigner crime rates.

Because of this, the Busan District Court has a division that specializes in

hearing cases against foreign defendants, and there are also court

translators that are proficient in foreign languages to efficiently handle

criminal cases involving foreigners. In the case of foreign defendants who

are not familiar with the Korean criminal procedures and are not fluent in

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the Korean language, the lack of understanding of Korea’s criminal laws

and procedures can lead to fear and discomfort regarding the system.

In any civilized society, the criminal laws must preserve a defendant’s

human rights. It is never acceptable for the laws to apply differently to a

person or to discriminate against a person solely because the person is a

foreigner. However, the reality is that there is still no convenient, easily

understandable, easily obtainable, adequately translated information on

Korean criminal procedures available to foreigners. Recognizing this, the

Busan District Court has prepared the following informational document in

English, Russian, Chinese and Japanese in order to protect and guarantee

the human rights of foreigners not proficient in the Korean language.

The following informational document was prepared under the supervision

of criminal court judges at the Busan District Court and translated into the

aforementioned languages by experts who are familiar with the Korean

court system. Although we do not have translations of the information

available to speakers of languages other than those above, this effort is

the first attempt to provide such translations to foreigners and is an

important first step in protecting the human rights of foreigners as Korea

develops into a more multi-racial and multi-cultural society.

I am deeply grateful that the opportunity to undertake this important effort

was made possible by Senior Presiding Judge Park Sung Chul, Presiding

Judge Ko Jong Joo, and brought to fruition by the hard work and

dedication of Judge Kim Tae Kyu, Judge Jeon Kuk Jin and other judges

in the criminal division, attorney Heo Sang Soo, attorney Jeffrey Scott

Harrison, and translator Kim Kyoung Jae, Kang Jung Nam. It is my

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sincere hope that this informational document will serve to assist in the

protection of foreigners’ human and civil rights. I also hope that the

information contained herein will continue to expand and be translated into

more and more languages in the future.

Sincerely,

Judge Lee Kee Joong

Busan District Court Chief Judge

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 INDEX
I. Investigation and Indictment
1. Summary
2. Detailed Information
(1) Investigating Agency ....................................................... 7
(2) Commencing the Investigation ......................................... 7
(3) Booking on Charges ....................................................... 8
(4) Arrest ............................................................................. 8
(5) Detention ....................................................................... 9
(6) Examination of the Suspect Prior to Detention ................. 10
(7) Transfer ......................................................................... 10
(8) Review of Legality of Arrest and Detention ...................... 11
(9) Public Prosecution .......................................................... 12
(10) No Prosecution ............................................................. 13

II. Trial Proceedings

1. Summary
2. Detailed Information
(1) Court Jurisdiction ............................................................ 14
(2) Public Defender - Defense Counsel Appointed by the State
..................................................................................... 14
(3) Period of Detention ........................................................ 15
(4) Release on Bail .............................................................. 16
(5) Suspension of Execution of Detention ............................. 18
(6) Rules of Evidence .......................................................... 18

III. Judgment and Appeal

1. Judgment
(1) Guilty Verdict ................................................................. 20
(2) Reduction or Aggravation of Punishment ......................... 21
(3) Verdict of Not Guilty ...................................................... 22
(4) Receiving a Copy of the Judgment ................................. 22
(5) Release ......................................................................... 22
2. Appeal .............................................................................. 23

IV. Additional Procedures and Considerations

1. Summary Judgment Proceedings ........................................ 24
2. Citizen-Involved Hearings(Jury Trial) ................................... 24
3. Additional Considerations ................................................... 25

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V. Contact Details for the Busan District Court and Related Agencies
1. Information ........................................................................ 25
2. Information Regarding the Criminal Courts of the Busan District Court
◎ District Court Appellate Division .......................................... 26
◎ Three Judge Criminal Divisions .......................................... 26
◎ Single Judge Criminal Divisions ......................................... 26
3. Related Agencies
◎ Prosecutor’s Office ............................................................ 27
◎ Police Stations .................................................................. 27
◎ Other Agencies ................................................................. 28

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I. Investigation and Indictment

1. Summary

The investigation of criminal cases is conducted and carried out by the

judicial police and prosecutors. As a general rule, the investigation process
is carried out without arrest or detention. However, when necessary a
judge may issue an arrest or detention warrant. If a person is caught
during the commission of a criminal act or if there are other urgent
circumstances, it is possible to immediately arrest or detain a person and
obtain the formal warrant at a later time. In principle the criminal
proceedings begin with the prosecutor initiating a formal prosecution
against a defendant. Unlike in the United States or England, criminal
proceedings may not be initiated directly by a victim, jury, or other person.

2. Detailed Information

(1) Investigating Agency

The "investigating agency" refers to the national agency that is

authorized under law to conduct investigations. The investigating agency is
comprised of prosecutors and judicial police. The prosecutors lead the
investigation and the judicial police conduct the investigations under
instructions from the prosecutors.

(2) Commencing the Investigation

There are no restrictions on how the investigating agency may begin

their investigation. They can begin the investigation upon receiving a
formal complaint, receiving an indictment, receiving reports of a crime,
hearing rumors of crimes, reading newspaper articles, witnessing a crime,

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etc.

(3) Booking on Charges

When the investigating agency commences an investigation and the

matter becomes a criminal case, it is referred to as "booking." The person
identified as the subject of the investigation becomes a "suspect" under
the Criminal Procedure Act.

(4) Arrest

If there is a good reason to believe that a suspect has committed a

crime, and if he refuses, or is likely to refuse, the request for an
appearance without due cause, the suspect may be arrested. In principle,
in order to arrest a suspect, there must be an arrest warrant issued by a
judge. In order to obtain an arrest warrant, the judicial police will first
apply to the prosecutor for an arrest warrant, and the prosecutor will then
request that a judge issue the arrest warrant. In cases where it is not
obviously necessary to arrest a suspect, the prosecutor or judge may
quash the arrest warrant.

However, in cases where the nature of the crime is serious and it is

not possible to obtain an arrest warrant from a judge due to urgent
circumstances such as lack of time, then the investigation agency may
arrest a suspect without first obtaining an arrest warrant upon stating the
reasons why it is necessary to do so. Such an arrest is referred to as
an "emergency arrest." If a judicial police officer arrests a suspect under
an emergency arrest, the judicial police officer must obtain the approval of
a prosecutor immediately.

A person who is in the act of committing a crime, or has just

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committed a crime, is called a "flagrant offender." Any person may arrest
a flagrant offender without an arrest warrant. Where a person other than
the investigation agency arrests a flagrant offender, that person shall
immediately turn the flagrant offender over to the investigating agency.

In case a suspect arrested through an arrest warrant or through an

emergency arrest is to be detained, a request for a detention warrant
must be submitted to a judge within 48 hours of the arrest. If the
request for a detention warrant is not made within 48 hours from the time
of the arrest, or if a detention warrant is not issued, then the suspect
must be released immediately.

When a suspect is arrested by the judicial police or a prosecutor, the

suspect must be notified of the gist of the facts constituting the offense,
the reason for arrest, the fact that the suspect may appoint a defense
counsel, and give the suspect an opportunity to explain himself/herself.

(5) Detention

The investigating agency may detain a suspect when there are

reasonable grounds to believe that the suspect has no fixed dwelling, that
the suspect may destroy evidence, that the suspect may flee, that the
suspect has committed a serious offence, or that the suspect may commit
another crime. In order to detain a suspect there must be evidence, and
there must also be a detention warrant issued by a judge.

The procedures for obtaining a detention warrant are the same as the
procedures for obtaining an arrest warrant. If there are sufficient grounds
for doing so, the prosecutor or judge may quash the detention order.

If a judicial police officer arrests a suspect, the suspect must be

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released if the suspect is not transferred to the public prosecutor within
ten days. If a prosecutor arrests a suspect or receives a suspect from a
judicial police officer, the suspect shall be released if the suspect is not
arraigned within ten days. Furthermore, upon the request of a prosecutor,
if a district court judge deems that there is a good reason to continue the
investigation, the district court judge may grant a one-time extension of the
detention for a period not exceeding ten days.

(6) Examination of the Suspect Prior to Detention

When a judge receives request for a detention warrant for a suspect

who has been arrested through a regular arrest, an emergency arrest, or
as a flagrant offender, the court shall conduct an examination of the
suspect without delay. Absent any special circumstances, the court must
conduct the examination of the suspect within the day following the
request for a detention warrant. In addition to the opportunity to offer an
explanation or defense during the investigation process, the suspect will
also have the opportunity to appear before a judge to offer an explanation
or defense in what is called the "examination of the suspect prior to
detention."

The examination will be led by the judge. During the examination,

the defendant and his lawyer will have sufficient opportunity to present the
defendant’s position regarding the facts of the case, the reasons for
seeking detention, and other issues. The judge shall then determine
whether there are grounds for detention and whether or not to grant the
request for detention based upon a consideration of the aforementioned
examination together with the criminal investigation records submitted by
the investigating agency.

(7) Transfer

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 Regardless of whether a particular criminal case is considered a large
case or a small case, only a prosecutor may conclude the investigation.
Thus, in all cases investigated by the judicial police, all investigation files,
evidence, and the suspect (where the suspect has been detained), shall
be transferred to the public prosecutors office. This process is referred to
as "transfer."

(8) Review of Legality of Arrest and Detention

Even if a defendant has been arrested or detained by the

investigating agency based on a warrant, if the defendant believes that the
arrest warrant or detention warrant was issued in violation of law, or if
there has been a significant change in circumstances, the defendant may
request a review of the legality of the arrest or the detention at any time
prior to arraignment and commencement of the public prosecution. If the
court determines that the arrest or detention is unjust and orders the
defendant to be released, then the defendant shall be released
immediately.

A suspect who is arrested or detained pursuant to an arrest warrant

or detention warrant, or the suspect’s defense counsel, legal
representative, spouse, lineal relative, brother or sister, family member,
cohabitant, or the defendant's employer may submit a petition to the
competent court to examine the legality of the arrest and detention.
When a court receives a petition to examine the legality of an arrest or
detention, the court must examine the defendant and decide whether or
not to release the defendant within 48 hours of receiving the petition for
examination of the legality of the arrest or detention.

Under a "bail system," the court may order the release of a detained

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suspect by a ruling under the condition that bail money to guarantee the
appearance of the subject be deposited. The conditions and procedures
for bail under these circumstances are nearly the same as the bail
procedures that will be discussed in detail hereafter.

(9) Public Prosecution

"Public prosecution" is where the prosecutor determines, after

investigation of a case transferred by the judicial police or a case initiated
by the prosecutor, that it would be proper and justifiable to for the
defendant to stand trial and then submits the case to the courts and the
defendant is indicted on charges of committing a criminal act. The person
subjected to the public prosecution is referred to as a "defendant."

If the prosecutor is of the opinion that a financial penalty is a more

appropriate sentence than imprisonment, the prosecutor may request that
the court issue a summary order against the defendant whereby the
defendant is ordered to pay a financial fine. This request is called a
"summary indictment." If the prosecutor initiates a summary indictment
against someone who is being detained, then that person must be
released.

Under a summary indictment, the courts will not hold a trial. The
court will review the investigation records and render its decision on the
contents of the investigation records. If the court deems it impossible or
inappropriate to handle the matter through summary proceedings, the court
may order that the case be submitted for trial. If either the defendant or
the prosecutor has any objection to the summary order, the objecting party
has seven days in which to object to the summary order and request that
a formal trial be held.

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 (10) No Prosecution

If the prosecutor investigates the case and determines that it is

appropriate to not submit the case to the court, the case will be
concluded without an indictment or prosecution. This is referred to as a
"disposition without prosecution." It is important to note that a disposition
without prosecution can include a suspended indictment or being cleared
of charges.

A suspended indictment is where the defendant admits to the crime,

but for whatever reason, the prosecution decides not to seek an
indictment. Being cleared of charges is where, after completion of the
investigation, the prosecutor decides that there is not sufficient evidence to
prove the crime and that the suspect would be found not guilty.

II. Trial Proceedings

1. Summary

Criminal trials are carried out through open hearings held in a public
courtroom. The trial begins with the presiding judge notifying the defendant
of his right to refuse to testify and asking the defendant’s name, age, and
other identifying questions. After the questions relating to identification, but
before the examination of the evidence, the prosecutor and the defendant
or the defendant’s lawyer may make opening statements relating to the
basic facts of the case, any facts beneficial to their case, or other
statements.

After the opening statements are completed, the points of dispute and
the relevant evidence are organized and the process of examining the
evidence begins. The process of examining the evidence consists of

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applying for admission of evidence, decisions on admission of evidence,
examination of the evidence, listening to opinions regarding the results of
the examination of evidence, and other similar procedures.

After the examination of evidence is completed, the prosecutor and the

defense lawyer may question the defendant directly about the facts relating
to the charges or other related issues. Thereafter, the prosecutor, defense
lawyer, and the defendant, in that order, make final statements. During the
final statements, the prosecutor gives his overall opinion of the case and
requests an appropriate sentence.

After all of the aforementioned procedures are completed, the court will
close the hearings. The court usually renders judgment approximately two
to three weeks after closing the hearings.

2. Detailed Information

(1) Court Jurisdiction

According to the specifics of the case, the case may be heard by a

single judge or by a three-judge chamber. In principle, in cases where the
charged crime is punishable by one year or more imprisonment, the case
falls under the jurisdiction of a three-judge chamber.

(2) Public Defender - Defense Counsel Appointed by the State

A defendant has the right to obtain the assistance of defense counsel

not only during the investigation process, but also during the criminal trial
proceedings. If there is no defense counsel in cases where the defendant
is a minor, seventy years or older, deaf or mute, or is suspected of
having a mental disorder, or where the charged crime is punishable by

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death, imprisonment for life, or imprisonment for three years or more, the
court must, under his own authority, appoint a public defender to the
defendant.

Also, if a defendant is unable to appoint a defense counsel because

of poverty or other reason, the court shall, upon the defendant’s request,
appoint a public defender. Additionally, if the court determines that, in
consideration of the defendant’s age, intelligence, and level of education, it
is necessary to appoint a defense counsel in order to protect the rights of
the defendant, the court must appoint a public defender if asked to do so
by the defendant.

(3) Period of Detention

The period of detention shall be up to two months. If there is a

special need to continue the detention, then the period of detention may
be renewed for a period not exceeding two-months up to two times at
each level of court by a ruling. However, in an appellate proceeding, if the
defendant or the defense counsel applies for an investigation of the
evidence, submits a brief supplementing the grounds for appeal, or other
similar acts that necessitate additional hearings, and the court deems it
necessary to do so, then the period of detention may be renewed a third
time.

Accordingly, during the first level hearings, the court must render
judgment within six months of the date the defendant was detained, not
including the period of confinement before the indictment. However, if a
case separate from the case for which the detention warrant was issued
is heard in combination with the case for which the detention warrant was
issued, and if the hearings last more than six months and if it is
necessary in order to render judgment on the case, it is possible to

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continue the hearings by issuing an arrest order for the other case.

In a case where a defendant is being tried without detention and the

defendant fails to appear in court without any special reason despite
having received a summons, the court shall immediately issue a detention
order, and where a judgment for imprisonment is given against the
defendant, unless there are any special circumstances, the defendant shall
be taken into custody immediately at the courthouse.

(4) Release on Bail

"Bail" is a system whereby the court, acting in response to a request

by a defendant, or someone other than the defendant, that be released on
bail, or the court, acting on its own authority, allows the defendant to be
released upon deposit of a certain amount of money as security. A
request for bail may be made by the defendant, the defendant’s lawyer,
legal representative, spouse, lineal relatives, brother or sister, family
member, cohabitant, or the defendant’s employer.

A court shall seek the opinion of the prosecutor before it renders a

decision to allow the defendant’s release on bail. However, the court may
issue its decision if the prosecutor does not express an opinion. When
rendering a decision regarding bail, the court shall consider the nature and
circumstances of the offense, the weight of evidence against the
defendant, the defendant’s previous offenses, character, circumstances,
financial ability, compensation paid to victims, etc.

A court may permit the bail funds to be paid by way of a

performance guarantee issued by an insurance company as a substitution
for a cash deposit. When a court grants bail, if the court deems it
necessary and appropriate to do so, the court may impose one or more

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of the following conditions:

1. Submission of a promise to appear at the time and place

appointed by the court and not to destroy any evidence.
2. Submission of a written agreement to pay an appropriate amount of
bail decided by the court.
3. Abide by measures put in place to prevent the defendant from
fleeing such as living in a specific location designated by the court,
obtaining the permission of the court if it becomes necessary to
change addresses, or other similar requirements.
4. That the defendant shall not inflict harm or negative influence on
the life, body, or assets of the victim, any other person who knows
the facts necessary for the trial of the defendant in the relevant
case, or any of their lineal relatives, and the defendant shall not
approach their homes or place of business.
5. Submission of a letter of guarantee by a person other than the
defendant guaranteeing the defendant’s appearance at trial.
6. Submission of a promise that the defendant will not travel to a
foreign country.
7. Deposit of an amount of money necessary to restore the victim’s
rights in a manner dictated by the court or to submit an
appropriate security.
8. Deposit of a cash security or submission of a guarantee by a
person designated by the defendant or by the court.
9. Comply with any other conditions set forth by the court in order to
guarantee the defendants appearance at trial.

If the defendant flees, fails to appear at trial without a justifiable

reason, or if there is concern that the defendant may cause harm to the
victim’s life, body, or assets or if the defendant violates any of the
conditions for bail established by the court, bail may be revoked. If bail

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is revoked, the court may confiscate all or part of the bail money.

(5) Suspension of Execution of Detention

If a court deems it proper to do so, a court may suspend the

execution of detention by placing the defendant under the supervision of
relatives, protective institutions, and/or other persons, or restrict the area of
the defendant’s dwelling. As a matter of practice, in the case of a
defendant’s serious illness, marriage of a family member, performance of
funerary procedures, an important examination, or other situations, the
detention may be suspended for a certain number of days set by the
court.

(6) Rules of Evidence

In a criminal hearing, the prosecutor has the burden of proving the

defendant’s guilt. The judge will consider the evidence submitted by the
prosecutor and rule the defendant’s innocence or guilt in conformity with
the Constitution and Act. The facts of the crime must be proven beyond a
reasonable doubt.

A defendant cannot be found guilty on the basis of a confession

alone. There must be supplementary evidence to support that the
confession is a truthful confession. Confession by a defendant obtained by
torture, violence, threat, or after a prolonged arrest or detention, or a
confession that is suspected to have been made involuntarily by means of
fraud or other methods shall not be admitted as evidence of guilt. Also,
evidence that is obtained through unlawful means shall not be admitted as
evidence. Defendants also have the right to refuse to testify or answer
any questions.

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 The prosecutor may have duly and legally prepared transcripts of a
defendant’s statement included in the investigation files accepted as
identical testimony of the defendant in criminal hearings or in preparation
of criminal hearings. Also, if the statements are proven to have been
taken under especially reliable circumstance, the statements may be used
as evidence. Transcripts of the defendant’s questioning that have been
properly and legally prepared by investigating authorities other than a
prosecutor may be used as evidence in preparatory proceedings and
during criminal trials when the contents of the transcript are acknowledged
by the defendant or the defendant’s lawyer.

Transcripts of statements given by parties other than the defendant

that are included in the investigation files and that have been legally
prepared through proper procedures and methods may be used as
evidence in criminal hearings or in preparation of criminal hearings by the
prosecutor or judicial police if the person who gave the statements
acknowledges that the transcripts accurately reflect the statements given to
the prosecutor or judicial police. The transcripts may also be used as
evidence if the questioning was video recorded or done in some other
objective manner that can confirm that the transcripts accurately reflect the
statements given to the prosecutor or judicial police. The transcripts may
also be used as evidence if the defendant or the defendant’s lawyer has
a chance during the criminal hearings or the preparations for criminal
hearings to question the person who gave the statements about the
statements. Also, the transcripts can be used as evidence if it is
confirmed that the statements were given under especially reliable
circumstances.

If the defendant believes that the transcripts of statements prepared

by the investigating agency is incorrect, untruthful, or disadvantageous to
the defendant, then the defendant can refuse to agree to allow the

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transcripts to be used as evidence. In such a case, the court shall, in
principle, summon the person who gave the statement to appear in court
in order to confirm the truthfulness and accuracy of the statements and
transcripts.

III. Judgment and Appeal

1. Judgment

(1) Guilty Verdict

Where the suspicion of crimes committed by a defendant is sufficiently

supported by evidence of criminal acts, a judge shall render a guilty
verdict. In the case of a guilty verdict, the possible sentences are death,
imprisonment at labor, imprisonment, loss of qualifications, suspension of
qualifications, monetary fine, etc.

Imprisonment at labor or imprisonment for a fixed period shall be for

a period of one month or more, but not more than 15 years. Where there
are special aggravating circumstances, the sentence may be for a period
of up to 25 years. Under certain circumstances, the court may suspend
execution of the sentence at the time of rendering the verdict. In
circumstances where there are special considerations, the court may
suspend judgment.

In cases where the court suspends the sentence, a defendant is

sentenced (for example to imprisonment for 1 year), and the court delays
the carrying out of the sentence for a certain period of time, and if the
defendant does not commit another crime during that period, then the
criminal judgment will lapse and the punishment will not be enforced. In
the case of a suspended judgment, the criminal judgment itself is

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suspended for a certain period of time, and if that period passes without
further criminal acts by the defendant, then the case will be dismissed.

Because a suspended sentence will have the following effects, a

defendant must be mindful to avoid committing any other criminal acts
during the period that the sentence is suspended:

1. If the defendant commits another crime during the period of a

suspended sentence, the defendant will not be able to receive a
suspended sentence for the other crime during the original
suspension period.

2. If the defendant intentionally commits another criminal act during

the period of a suspended sentence, and if the defendant is
sentenced to at least a term of imprisonment, when that verdict
becomes finalized, then the earlier decision for a suspended
sentence shall become null and void, and the punishments for the
new crime and the earlier crime shall be combined and the
defendant shall be punished for the new crime as well as receive
the punishment for the earlier crime.

(2) Reduction or Aggravation of Punishment

If there are extenuating circumstances, a judge may, at the judge’s

discretion, reduce a criminal punishment by up to half of the lowest
possible punishment. If a defendant receives a penalty of imprisonment or
greater and the execution of the sentence is completed, or the defendant
is exempted from punishment and commits a crime punishable by
imprisonment or greater within three years, the length of imprisonment
shall be doubled. If a defendant commits multiple crimes and is tried
simultaneously for the multiple crimes, the period of imprisonment or fine

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shall be increased by half.

Feebleminded persons (in certain circumstances this can include

someone who is impaired by alcohol), deaf persons, or someone who
abandoned their criminal action shall have their sentence reduced by half.
In cases where there was only an attempt to commit an act, where there
was a voluntary confession, or where the defendant is a minor (20 years
of age or younger, 19 years or younger from 21 June 2008), the
punishment may be reduced by half of the maximum of imprisonment or
fine.

(3) Verdict of Not Guilty

Where a conviction of guilt is not obtained, the court shall find the
defendant not guilty. When a defendant who has been held in detention is
found not guilty, the defendant may claim compensation in accordance
with provisions of law.

(4) Receiving a Copy of the Judgment

If a defendant who has not been detained applies for service of the
written judgment within seven days of the judgment, the defendant may
receive a copy of the judgment.

(5) Release

A defendant who has been detained shall receive the prosecutor’s

instructions for release where the court finds the defendant not guilty,
where the charges are dismissed, where the penalty is waived, where a
financial penalty is ordered, where the execution of the sentence has been
suspended, etc.

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2. Appeal

If either the defendant or the prosecutor is dissatisfied with the

judgment, they can appeal the judgment within seven days from the date
on which the judgment is made. If an appeal to the second level court
or if an appeal to the Supreme Court is made, the notice of appeal must
be filed with the court whose judgment is being appealed. For example, if
a judgment of the Busan District Court is appealed, then the notice of
appeal must be filed with the Busan District Court.

An appeal of a judgment issued by a single judge may be appealed

to the District Court Appellate Division, and judgments made by a
three-judge chamber may be appealed to the High Court. In either of the
foregoing appeals, the appellate court’s judgment may be appealed to the
Supreme Court.

There is very little difference in the way the second level hearings are
conducted and the way the first level hearings are conducted. However,
in cases where only the defendant appeals the judgment, the appellate
court cannot hand down a punishment higher than the punishment handed
down by the first court.

If a party files an appeal to the Supreme Court against the appellate

court judgment, the appeal to the Supreme Court must be filed within
seven days of the date on which the appellate judgment is made. The
grounds for appealing to the Supreme Court are detailed in the Criminal
Procedure Act.

IV. Additional Procedures and Considerations

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1. Summary Judgment Proceedings

In cases where the criminal act is punishable by a fine of KRW 200,000

or less, detention of up to 30 days, or a non-penal fine, such as offenses
in violation of the Road Traffic Act, violations of the Punishment of Minor
Offenses Act, and other similar offenses, judges of district courts, branches
of district courts, city courts, or town courts may issue summary judgments
upon request by the Chief of Police having jurisdiction over the area.
Within seven days of the summary judgment, the defendant may object to
a summary judgment and demand formal criminal hearings. If no
objections are filed within the aforementioned time period, the judgment
will become final and have the same effect as a final and unappealable
judgment.

2. Citizen-Involved Hearings (Jury Trial)

On 1 January 2008, the Citizen Involvement in Criminal Hearings Act

came into effect. Under that act, Korean citizens twenty years of age or
older may be chosen from the citizenry to sit on a jury that will have the
right to give its opinion regarding the acceptance of facts, application of
law, and appropriate punishments.

Under Article 5 of the Act, in proceedings for major crimes, the

defendant shall confirm in writing or other means the defendant’s
intentions regarding whether or not the defendant wants to have a
citizen-involved hearing. If the defendant submits the intention to have a
citizen-involved hearing in writing within seven days of receiving service of
the criminal indictment, the court shall proceed with the citizen-involved
hearings provided that none of the factors set forth in Article 9 of the act
are present.

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 Citizen-involved hearings shall consist of five to nine jurors. The issue
of guilt or innocence shall be deliberated by the jury on the basis of
either a unanimous or majority decision. In the event of a guilty verdict,
the jury may provide the court with its assessment on the appropriate
punishment. However, unlike under English and American law, the court
is not bound to following the jury’s verdict or sentencing.

3. Additional Considerations

When a defendant receives service of a copy of the criminal prosecution

papers, the defendant must fill out and submit the attached opinion form
to the court within seven days of receiving service of the papers. If the
defendant does not want to give testimony before the court, the defendant
may submit his view to that effect on the opinion form.

If the defendant’s address or other contact details change during the

criminal proceedings, the defendant must immediately notify the court of
the changes.

If a foreigner receives a judgment sentencing that foreigner to a

punishment of imprisonment or greater and if the foreigner is then
released, the foreigner may face deportation proceedings in accordance
with the provisions of the Immigration Control Act.

V. Contact Details for the Busan District Court and Related

Agencies

1. Information

Applications for witnesses and other necessary forms for use in criminal
proceedings can be downloaded from the Supreme Court’s homepage

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(www.scourt.go.kr).

Most of the criminal courts at the Busan District Court are in session
and hold hearings twice weekly on designated days. When a court is in
session, all related personnel are in the court room. Therefore, when
contacting or visiting the court, it is best to do so on days when a
particular court is not in session.

2. Information Regarding the Criminal Courts of the Busan District Court

◎ District Court Appellate Division

Court Session Telephone
Cases Courtroom
Div. Dates (Area Code 051)
1 Appeals (Traffic, Corruption) Mon, Fri 254 590-1856

451 (Wed)
2 Appeals (Drugs) Wed, Thurs 590-1859
254 (Thurs)

3 Appeals (Medical, Environment) Wed, Fri 354 590-1861

Appeals (Foreigners, Juveniles,

4 Tues, Thurs 354 590-1864
Intellectual Property Rights)

◎ Three Judge Criminal Divisions

Telephone
Court Session
Cases Courtroom (Area Code
Div. Dates
051)
Significant Cases(Sexual Assault, 254 (Wed)
5 Wed, Fri 590-1869
Foreigners, Corruption) 301 (Fri)

6 Significant Cases(Election, The Others) Tues 301 590-1871

7 Significant Cases(Special Criminal) Mon 301 590-1856

◎ Single Judge Criminal Divisions

Court Division Hearing Dates Courtroom Telephone (Area Code 051)

1 Thurs 352 590-1906

2 Tues 355 590-1912

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 3 Wed, Fri 355 590-1914

4 Tues, Thurs 353 590-1916

5 Mon, Wed 253 590-1944

6 Mon, Thurs 451 590-1942

7 Tues, Thurs 253 590-1918

8 Tues, Fri 352 590-1930

9 Tues, Fri 451 590-1932

11 Wed, Fri 353 590-1934

12 Tues, Thurs 351 590-1910
13 Mon, Wed 352 590-1936
14 Mon Wed 351 590-1940
21 Mon 353 590-1906

3. Related Agencies

◎ Prosecutor’s Office

Agency Telephone Home Page

Busan District Prosecutor’s Office 051) 606-3300 http://busan.dpo.go.kr

Busan High Prosecutor’s Office 051) 606-3300 http://busan.hpo.go.kr

Busan District Prosecutor’s Office
East Branch
051) 780-4200 http://eastbusan.dpo.go.kr

◎ Police Stations

Police Station Telephone Home Page

Busan District 051) 851-0112 http://www.bspolice.go.kr

Joongbu 051) 463-0112 http://jb.bspolice.go.kr

Dongnae 051) 552-0112 http://dn.bspolice.go.kr

Youngdo 051) 417-0112 http://yd.bspolice.go.kr

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 Dongbu 051) 462-0112 http://db.bspolice.go.kr

Busanjin 051) 809-0112 http://bsj.bspolice.go.kr

Seobu 051) 244-0112 http://sb.bspolice.go.kr

Sasang 051) 304-0112 http://ss.bspolice.go.kr

Geumjeong 051) 512-0112 http://kj.bspolice.go.kr

Saha 051) 292-0112 http://sh.bspolice.go.kr

Yeonjae 051) 753-0112 http://yj.bspolice.go.kr

Gangseo 051) 271-0112 http://ks.bspolice.go.kr

Bukbu 051) 336-0112 http://bb.bspolice.go.kr

Coast Guard 051) 405-6300 http://busan.kcg.go.kr

◎ Other Agencies

Agency Telephone Homepage

Korea Legal Aid Corporation,
Busan Branch
051) 505-1643 http://www.klac.or.kr

Busan Detention Center 051) 324-5501~6 http://busan.corrections.go.kr

Busan Prison 051) 971-0151~4 http://busangyo.corrections.go.kr

Busan Probation Office 051) 508-3961 http://busan.probation.go.kr

Busan Bar Association 051) 506-8500 http://www.busanbar.or.kr

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