WORLD FACTBOOK OF CRIMINAL JUSTICE SYSTEMS

South Korea

This country report is one of many prepared for the World Factbook
of Criminal Justice Systems under Grant No. 90-BJ-CX-0002 from the Bureau
of Justice Statistics to the State University of New York at
Albany.  The project director for the World Factbook of Criminal Justice
was Graeme R. Newman, but responsibility for the accuracy of the
information contained in each report is that of the individual
author.  The contents of these reports do not necessarily reflect the 
views or policies of the Bureau of Justice Statistics or the U.S. Department 
of Justice.


GENERAL OVERVIEW

1. Political System.
     Korea is a centralized nation-state with a
tripartite system of government consisting of
administration, legislation and judicature.  There
are no localized criminal justice systems and thus
the entire criminal justice system, such as
prosecution, courts and prisons, is the
responsibility of the central government.  But
since Korea is still a divided nation, there
exists the Democratic People's Republic of Korea
(DPRK : North Korea)in the northern part of the
Korean Peninsula. 

2. Legal System. 
     Korea has adopted much of the Continental or
Civil Legal System.  Explicitly written legal
codes, including constitutional law, have been
effected in all the relevant areas conceivable. 
Thus, in all legal problems, written rules of law
are the primary sources of reference.  
     The Criminal Law consists of a general part
and a special part.  The general part deals with
the scope and application of the law.  The various
types of justification, excuse, insanity defense,
accountability, failed attempt, co-offender, and
the types of punishment prescribed are in the
general part of the law.  The special part
encompasses the various types of crime that are
proscribed.  In addition, a multitude of special
criminal acts, such as Drug Laws, Laws for
Additional Punishment for Special Economic Crimes,
and Laws for Punishment of Misdemeanors, are also
prescribed for additional punishment of certain
types of crime or for punishment of certain types
of crime not specified in criminal law.    
     The Criminal Procedure Law takes an
explicitly prescribed form, based on an
accusatorial system.  The basic structure of
criminal procedure takes on the nature of both an
inquisitorial and adversarial system.  This is
primarily due to the nature of Korean criminal
procedure, which is a merger of American and
German criminal procedures. 
     The legal culture in Korea often takes on a
traditional nature.  People are not used to
resolving conflicts through the court.  Rather, an
informal resolution, such as coordination or
conciliation, more often provides justice. 

3. History of the Criminal Justice System. 
     Korea has a long history.  Established in
2333 B.C., the oldest form of the government on
the Korean Peninsula, Kochosun, had eight Laws of
Prohibition.  Since then various states have
appeared in this area.  In around the lst century
B.C., three dominant ancient dynasties--Koguryo,
Paekjae, and Shilla--came into being with their
own legal systems.  In the middle of the 7th
century A.D., Shilla unified all these states into
one and developed its own written Criminal Law.
     Following the fall of Unified Shilla, a new
dynasty called Koryo was established in the 9th
century. (The modern name of Korea originated from
this Koryo.).  Koryo developed its own legal
system, based on that of the Tang-dynasty of
ancient China.  After the demise of Koryo, the
newly established  Chosun dynasty tried to
incorporate elements of the Ming dynasty's legal
system, but found them inappropriate.  This
eventually brought the need to enact a new legal
system, and finally saw the enactment of the Great
Law for the Nation or Kyungkookdaejon in 1471. 
Since then many revisions have been enacted. 
     The first modern criminal law was the Great
Criminal Law enacted in 1905.  But due to the
Japanese colonization of Korea in 1910, the Great
Criminal Law was abolished and replaced by
Japanese Criminal Law in 1911.  After World War
II, following the defeat of Japan and the ensuing
commencement of American military administration,
more genuine efforts have been made to propagate
Korean Legal Codes.  This brought the contemporary
Criminal Law of 1953 and the Criminal Procedure
Law of 1954 that have since been in effect.  The
criminal law of 1953 has undergone broad revision
and there are plans to substantially revise the
criminal procedure law.

CRIME

1. Classification of Crimes. 

*Legal classification. According to the criminal
legal system in Korea, there is a distinction
between criminal offenses and non-criminal
offenses.  Criminal offenses, patterns of behavior
defined as crime in the criminal law, are further
classified into: 1) crimes breaching a national
interest (such as crime of rebellion), 2) crimes
breaching a social interest (such as sedition or
arson), and 3) crimes breaching personal interests
(for instance, murder).  Offenses that are not
proscribed in the criminal law but are defined as
criminal in other laws include tax-related crimes
and drug-related crimes. 
     There is also a distinction between serious
offenses and less serious offenses. Criminal
offenses subject to jail or minor fines are called
less-serious offenses and separate laws designated
for these less-serious offenses exist. Violations
that are subject to more severe punishment than
the above are called serious offenses. 
     There is a generic distinction between crimes
of a violent nature and property-related crimes.
For each of them special laws prescribing
additional punishment exist depending upon the
particular type of crime.  Property crimes in
Korea refer to crimes violating property
interests.  They include crimes of theft, fraud,
embezzlement, breach of trust, and damage. 
Violent crimes include injury, assault & battery,
and rape. 

*Age of criminal responsibility.  The age of
criminal responsibility is 14.  Persons of age 14
through age 20 are specially treated under the
Juvenile Law.  For juveniles, an indeterminate
sentence is applied, with less than 10 years for a
longer term and less then 5 years for a shorter
term.  For those under age 18, capital punishment
and life imprisonment are not allowed. 

*Drug offenses.  There are three major drug
offense acts in Korea: 1) the Narcotics Act for
regulating raw opium and opium poppy, cocaine, and
heroin; 2) the Cannabis Control Act for regulating
marijuana; and 3) the Psychotropic Substances
Control Act for regulating methamphetamine, its
derivatives and acid-ephedrine.  In general it is
a crime to sell, produce, cultivate, manufacture,
smuggle, possess, or use the substances or
materials listed above and to be involved in
behaviors violating the above Acts. 

2. Crime Statistics.    
     These are all legal definitions coming from
the criminal code; the statistical compilation is
by the Supreme Public Prosecutors Office and
includes police statistics.  The following data
were compiled by the Supreme Public Prosecutor's
Office for the years 1992 and 1993. 

*Murder.  The rate for murder in 1992 was 1.4 per
100,000 population. 

*Rape.  The rate for rape in 1992 was 12.5 per
100,000. 

*Theft.  The rate for theft in 1992 was 176.6 per
100,000. 

*Drug offenses. For the year 1993, 3,364 offenders
were arrested for violating the Narcotics Act,
1,509 offenders for the Cannabis Control Act, and
1,900 for the Psychotropic Substances Control Act.

*Crime regions.  No information available.

VICTIMS

1. Groups Most Victimized by Crime. 
     In February 1991, a city survey in the Seoul
Metropolitan area was conducted, seeking
victimization experiences during the year 1990.
According to the survey males, particularly
younger males, tended to be more likely to be
victimized by violent crimes.  The extent of
household victimization was determined by the type
of house and the presence of gatekeepers.(Korean
Institute of Criminology, 1993). 

2. Victims' Assistance Agencies.    
     The exact number is not available, but across
the country many kinds of victim assistance
programs and organizations have been emerging such
as rape counseling centers and shelters.  Most of
these programs are privately administered. 

3. Role of Victim in Prosecution and Sentencing. 
     There are certain types of crime where the
victim's request for an indictment or cancellation
of an indictment have a determining influence on
whether the prosecutor proceeds.  The victim's
right to make statements on the fact and result of
victimization and to present his/her opinion in
the sentencing process is constitutionally
prescribed.  This may be viewed as similar to a
victim impact statement. 

4. Victims' Rights Legislation.  
     There are a number of victims' rights
prescribed in the law such as a victim's right to
request restitution under the Crime Victim Aid
Law, the right to request an indictment for
certain types of crime, and the right to request
reconsideration of the decision not to indict in
specified types of crime.

POLICE

1. Administration 
     The Korean police system consists of, from
the top: one National Police Headquarters located
in Seoul; 5 special task police agencies,
including Marine Police; 13 provincial police
headquarters; 220 police stations; and 3,389
police branch offices across the country.  The
Korean Police has its own chain of command
independent of the Army.  There are no local
municipal police systems or state police
departments like those in many western nations. 

2. Resources. 

*Expenditures. Annual expenditure on policing in
1994 was 609.5 billion Won(which is roughly
equivalent to 760 million U.S. dollars). 

*Number of police.  As of 1993, there were 90,108
police officers.  In addition, there are some
23,325 riot police and 32,838 temporary-service
police who substitute police service for military
service. These temporaries help and support the
regular policemen. 

3. Technology. 

*Availability of police automobiles.  As of 1993,
there were 7,703 police automobiles, including;
4,891 police cars, 1,685 police pick- ups, 765
police trucks, and 865 special-mission vehicles. 
There were also 9,181 police motorcycles.

*Electronic equipment.  A wide variety of
electronic equipment is used, including facsimile
machines and many types of radio communication
systems.  To ensure effective and prompt response
to citizen's urgent calls, there are many computer
systems for reception, processing and dispatching
of information.  In several metropolitan areas
throughout the country, Automatic Vehicle Number
Identification systems have been employed.  There
has also been experimental use of Automatic
Vehicle Location Systems and Mobile Data Terminals
with the hope of their adoption in the near
future. 

*Weapons.  Several types of weapons are used, but
only under very limited circumstances.  Bullet
proof vests are rarely used and usually only by
members of special task force teams such as an
anti-terrorist force. 

4. Training and Qualifications.    
     Depending on the type and nature of education
program, the amount of time required for training
varies.  But in general, 4 years of training for
students of the National Police College, 1
additional year for candidates for executive
positions, 24 weeks for new recruits, 12 weeks for
marine police, and 4 weeks for riot police and
temporary-service police are required.    
     Depending on the kind of training needed,
police training is available at several
institutions: The National Police College, Police
Administration School, Central Police School,
Training Institute for Police Investigation, and
the Training Institute for Security Personnel.
     Except in the case of the National Police
College, there is no particular educational
background required for new recruits.  Anyone with
a healthy mind and body can be appointed as a new
recruit after passing the specified examination
and completing the education program. 

5. Discretion
 
*Use of force.  The police may use force only to
the extent necessary and after a reasonable
judgment of the situation where: 1) there is
probable cause to believe that it is necessary to
arrest a suspect who has committed a crime subject
to capital punishment, life imprisonment, or more
than 3 years of imprisonment or confinement, 2) to
prevent escape, 3) to protect the life and body of
the officer or other persons, and 4) to deter any
protest against official routine police work.   
     Police may use weapons under the same
circumstances that they may use any other force. 
Police in Korea usually carry only batons but may
carry guns as well. 

*Stop/apprehend a suspect.  Upon observing
suspicious behavior or after a reasonable judgment
of the situation, police may stop a suspect when
there is probable cause to believe that he/she has
committed or is about to commit a crime.  Police
may apprehend a suspect when there is probable
cause to believe that he/she committed a crime and
1) when he/she has no permanent residence, or 2)
when the officer is afraid that evidence may be
destroyed, or 3) when the officer is afraid that
he/she may flee. 
     In accordance with the laws concerning
less-serious offenses, police may release suspects
on their own recognizance when the offense is
subject to temporary detention or fine. 

*Decision to arrest.  Police may arrest a suspect
only after obtaining a warrant except in the case
of an urgent arrest or the arrest of the suspects
on the scene.    
     In general, the police make a decision to
arrest after the necessary investigation and
interrogation.  Once a decision not to arrest is
made, the suspect should be released immediately. 
When the police decide to arrest, they should
complete the investigation and forward to the
prosecutor the investigation records and relevant
evidence within 10 days. 

*Search and seizure.  Police may search or seize
when the evidence or materials subject to
forfeiture are believed to be significantly
related to the crime under suspicion and when they
are essential to the investigation. 

*Confessions.  For confessions made in front of
police to be used as evidence of guilt, there must
be a showing of (1) the voluntary nature of the
confession, (2) that due process was followed in
obtaining the confession, (3) the establishment of
the truth of the documents, (4) the reliability of
the confession, and (5) existence of supporting
evidence. 

6. Accountability. 
     For those who have a complaint against a
police disposition or decision, opportunities are
provided for legitimately raising objections.  For
example, requests for reinvestigation of the case
under question or for solution through regular
trial are available.

PROSECUTORIAL AND JUDICIAL PROCESS

1. Rights of the Accused. 

*Rights of the accused at trial.  There are many
rights of the accused, such as the right to
counsel of either a private attorney or public
defender, the right to bail, the right to request
preservation of the evidence, the right to confess
or avoid confession, the right to avoid a
particular judge, the right to request
investigation of the evidence, the right to make
a final oral statement, the right to trial by a
judicial panel, and the right to appeal.

*Assistance to the accused.  Private attorneys are
usually preferred for the defense.  For those who
cannot afford to hire private attorneys,
state-appointed counsel programs are available. 
The right to state-appointed counsel is allowed in
only very limited circumstances.  Those
exceptional situations may be when the suspect
applies for review of the appropriateness of
apprehension and when he/she is a juvenile, is
over 70 years old, is a deaf-mute, is believed to
be physically or mentally handicapped, or cannot
afford to hire an attorney due to poverty or other
reasons.  Other criteria concerning the level of
income, type of occupation, or welfare status also
apply to eligibility. 

2. Procedures. 

*Preparatory procedures for bringing a suspect to
trial.  The most important procedure before the
trial process begins is the investigation.  The
initial investigation is done by the police under
the direction of the prosecutors.  Based on the
result of this investigation, the prosecutor
determines whether to indict.  
     There are no preliminary hearings or juries
in Korea.  The cases which have been investigated
are either indicted, suspended, or not indicted. 
The decision to indict, suspend indictment, or not
to indict is made by a prosecutor who is generally
supervised by the Supreme Public Prosecutor
through the organizational chain of command.

*Official who conducts prosecution.  The
prosecution of the accused is conducted by a
prosecutor who belongs to the Ministry of Justice
and is appointed by the government. 

*Alternatives to trial.  For most juvenile cases,
other kinds of protective or rehabilitative
dispositions are considered rather than criminal
sanctions.  There is no supervised or unsupervised
treatment available at this stage.  For juvenile
cases, classification of the cases by the Juvenile
Classification Center or a judge's discretionary
disposition is also available. 

*Proportion of prosecuted cases going to trial. 
For the year 1992, 8.1% of all prosecuted
persons(1,579,797) went to trial: of these
persons, 14.7% had violated criminal laws; 7.4%
had violated special laws.  

*Pre-trial incarceration conditions.  Based on the
principle of presumption of innocence, deprivation
of the liberty of the accused is strictly limited. 
There are only three conditions where
incarceration before or awaiting trial can be
allowed under the Criminal Procedure Law.  This
can occur 1)  when there is probable cause to
believe that the accused committed a crime or 2)
when there is no permanent residence of the
accused or 3) when elimination of evidence or
flight by the accused is probably imminent. 

*Bail procedure.  The procedures for the accused
or defendant to be free from incarceration are: 
1) for the accused, application to the court for
review of the appropriateness of the pre-trial
incarceration, 2) for the defendant, application
for bail procedure, and 3) for both the accused
and defendant, application limiting the duration
of incarceration.    
     There are two kinds of bail programs in
Korea: bail on application and bail ex officio. 
In the former case, bail could be allowed upon the
defendant's application with some limitations.  In
the latter case bail could be allowed by the court
ex officio or upon application of the defendant.

*Proportion of pre-trial offenders incarcerated. 
No information available.

JUDICIAL SYSTEM

 1. Administration.  The hierarchy of courts and
appellate processes can be described in the
following diagram.

Hierarchy of Courts 
Supreme Court     Appellate Jurisdiction Only
                  Petit Benches(3) or Grand Bench

High Court        Appellate Jurisdiction 
                  Collegiate Court  (3 Judges)
District          Appellate Jurisdiction
Court             Collegiate Court (3 Judges) 
& Family Court    Single-Judge Court
                  Collegiate Court  (3 Judges)

2. Judges. 

*Number of judges.  As of Nov. 11, 1993, the total
number of judges was 1,130.  This breaks down into
one Chief Justice and 13 other Justices in the
Supreme Court, 251 judges in the 5 Higher Courts,
and 865 judges in the 13 District Courts across
the country.  There are 46 female judges.  All
these judges are Korean. 

*Appointment and qualifications.  The Chief
Justice of the Supreme Court is appointed by the
President with the consent of the Congress.  The
other Supreme Court Justices are appointed by the
President upon recommendation of the Chief Justice
with the consent of the Congress.  Other judges
are generally appointed by the Chief Justice of
the Supreme Court. 
     To become judges, candidates must pass the
National Judiciary Examination and then complete a
2-year judicial training course. 

3. Special Courts. There is only one family court,
located in Seoul.  It is basically equivalent to
the District Court and mainly deals with
family-related cases and juvenile cases.  In other
areas the District Courts also perform the role of
the family court. 
     The Constitution of Korea stipulates a
establishment of the Military Court as a sole
special court.  The highest appellate court for
the military court is the Supreme Court.

PENALTIES AND SENTENCING

1. Sentencing Process. 

*Who determines the sentence?  The judges
determine the sentence of the convicted. 

*Is there a special sentencing hearing?  The
procedures for fact- finding and sentencing are
not separated.  Despite a strong prevailing
opinion in favor of separation it has not yet been
institutionalized. 

*Which persons have input into the sentencing
process?  There is no investigation by the court
before sentencing adult offenders.  For juveniles,
judges may order the investigating officer
belonging to the court to conduct an investigation
and also listen to psychiatrists, psychologists,
social workers, education specialists and other
professionals when necessary. 

2. Types of Penalties. 

*Range of penalties.  There are nine types of
criminal penalties: capital punishment,
imprisonment, penal servitude, revocation of
qualification, suspension of qualification, fines,
jails, minor fines, and forfeiture. 
     The most frequently used type of punishment
is a fine followed by imprisonment and penal
servitude.  Fines are typically imposed for less
serious offenses. 

*Death penalty.  Capital punishment is imposed for
16 types of crimes, including murder cases, crimes
of seduction and crimes of insurrection.  In the
draft of the revised criminal law, the scope of
capital punishment is set to be reduced.  In
reality, those who are sentenced and subject to
execution are typically murderers and serious
rapists committing robbery simultaneously.    
     The methods of execution are hanging and
firing squad. The latter is prescribed only in the
military criminal law.

PRISON

1. Description 

*Number and type of prisons.  There are a total of
39 correctional facilities: 26 prisons, 2 juvenile
prisons, 1 women's prison, 1 open prison, 5
detention houses, 2 social protection houses, 1
branch prison and 1 branch detention house
(Correction Bureau,1993). 

*Number of prison beds.  In Korea, beds in prison
are not typical. 

*Average daily/number of prisoners.  For the year
1992, the daily average population was 55,159,
which included 31,169 convicted prisoners and some
219 others under penal servitude.  At the end of
1992, male prisoners were 97.2% and females 2.8%
of the total. Only 0.3% of the prison population
were of foreign origin. (White Paper on Crime,
1993) 

*Number of annual admissions.  For the year 1992,
the number of admissions was 27,799 persons
(Correction Bureau, various years). 

*Actual or estimated proportions of inmates
incarcerated.  The detailed breakdown of actual
proportions of inmates incarcerated by crime type,
annual admissions or daily average is not readily
available.  However, among 31,499 prisoners in
1992 the highest proportion (23.6%) were serving
time for theft, the next highest for robbery
(17.1%). The third highest group were those
violating the Special Laws Concerning the
Punishment of Violent Behaviors, (12.8%). 

2. Administration. 

*Administration.  All the prisons are centrally
administered and controlled by the
Director-General of the Correction Bureau under
the Minister of Justice. 

*Prison guards.  As of December 31, 1992, there
were 10,515 correctional staff personnel.  This
provides for an inmate to staff ratio of about 1
to 5.  Almost all of staff members are Korean and
male. 

*Training and qualifications.  Correctional
officials are appointed according to the procedure
for new employment, promotion and transfer
prescribed in the State Civil Service Law and its
Decree.  The guards at the lowest level are
appointed through open competitive examinations
prescribed in the State Civil Service Appointment
Ordinance and its Enforcement Decree. 
     For newly appointed correctional officials,
both general training programs and the on-the-job
training are provided by the Ministry of Justice,
which usually takes 6 to 20 weeks. 

*Expenditure on the prison system.  The
correctional administration budget for FY 1993
amounted to a total of some 276 billion Won
(approximately equivalent to 337 million dollars)
(Correction Bureau, 1993). 

*Number of prisoners awaiting trial.  As of
December 1992, about 21,700 prisoners were
awaiting trial. 

3. Prison Conditions. 

*Remissions.  Good behavior is rewarded in many
ways.  Release on parole is a good example.  In
general those who are eligible for parole release
are convicted prisoners who have shown clear signs
of rehabilitation and have passed one third of the
sentenced term with good behavior. 
     Parole is extensively granted to vocational
trainees whose employment has been assured and
those who have obtained qualified certification as
skilled workers and winners of skill contests.
     General parole is granted each month and the
number of those released on parole has increased. 
In the past, special parole and some remissions
were granted twice a year on National Liberation
Day and Christmas Day.  The frequency of special
parole has increased to five times a year on
Independence Movement Day, Buddha's Birthday,
National Liberation Day, National Foundation Day
and Christmas Day. 

*Work/education.  Depending on the type of
punishment, many inmates are required to work,
attend classes and do other things.  But not all
inmates are required to do so.

*Amenities/privileges.  Inmates may take many
kinds of correctional education programs, such as
living guidance education, moral training, and
academic education programs.  The prison terms are
divided into several phases to gradually allow
improved treatment, depending on the degree of the
inmate's determination for self-improvement. 
Thus, following the notion of progressive
treatment, inmates are expected to earn
responsible credit points which may determine the
level of various standards of progressive
treatment for each inmate.  In particular, to
promote return to society, those who are eligible
by relevant criteria are provided many kinds of
privileges, such as treatment in open facilities,
work release programs, furloughs for certain
periods, and study tours in society.

EXTRADITION AND TREATIES

*Extradition.  Since the enactment of the
Extradition Law on Aug. 5, 1988, criminals or
suspects who are under investigation or undergoing
trial for crimes subject to extradition may
be extradited to or from other countries. 
     Korea has extradition treaties with Australia
and the Philippines.  However, countries that have
no treaty with Korea may extradite when a mutual
guarantee is secured. 

*Exchange of prisoners.  It is not legally
possible to transfer prisoners either as a means
of domestic enforcement of foreign trial or as
foreign enforcement of domestic trial. 

*Specific conditions.  There are several
conditions which specify the type of crimes,
possible reasons for denial, and exceptional
cases.

SOURCES

Correction Bureau, 1993, Correctional
     Administration in Korea 1993, Ministry of
     Justice, Seoul, Korea. 
*_____, various years, Correction Bureau
     Statistics, Ministry of Justice, Seoul,
     Korea. 
Korean Institute of Criminology, 1992, A
     Victimization Survey in Seoul, Seoul, Korea.
*_____, 1994, A Victimization Survey in Korea,
     Seoul, Korea. (in press) 
Legal Training and Research Institute, 1994, White
     Paper on Crime 1993, Ministry of Justice,
     Seoul, Korea. 
Supreme Public Prosecutor's Office 1993, 
      Analytical Report on Crime, 1993, Seoul,
      Korea. 
*_____,  1994, White Paper on Drug-related Crime
      1993, Seoul, Korea. 

*(Author's name withheld by request)