IMMIGRATION CONTROL ACT [See entire ACT]
CHAPTER ⅩI Accusation and Notification Disposition
- SECTION 1 Accusation
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- Article 101 (Accusation)
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(1) No public prosecution may be instituted in any case regarding an immigration offender unless the head of the Regional Immigration Service lodges accusation thereof.
(2) If a criminal investigative agency, other than an immigration control official, has instigated for any case referred to in paragraph (1), the agency shall immediately transfer the case to the head of the competent Regional Immigration Service.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
Enforcement Ordinance
- Article 103 (Notification of Results of Dealing with Cases)
The head of an office, the head of a branch office or the head of a detention center shall notify the head of an agency that has transferred a case of the result of dealing with the case that he/she has taken over pursuant to Article 101 (2) of the Act in writing.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
- SECTION 2 Disposition of Notice
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- Article 102 (Disposition of Notice)
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(1) When the head of a Regional Immigration Service obtains positive evidence on a crime as a result of investigating an immigration offender, he/she may issue the immigration offender a written notice to pay an amount equivalent to a fine (hereinafter referred to as "penalty") at a designated place stating the grounds therefor.
(2) If a person in receipt of the written notice under paragraph (1) intends to pay the penalty provisionally, the head of the Regional Immigration Service may allow the person to do so.
(3) If it is deemed that the circumstances of a crime warrant sentencing to imprisonment without labor or heavier punishment as a result of an investigation, the head of the Regional Immigration Service shall immediately bring an accusation.
(4) Articles 47 through 50 shall apply mutatis mutandis to investigations of immigration offenders. In such cases, the interrogation record of suspects shall be deemed an interrogation protocol of suspects under Article 244 of the Criminal Procedure Act.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
Enforcement Ordinance
- Article 104 (Procedures for Disposition of Notice)
(1) When the head of an office, the head of a branch office, or the head of a detention center makes a disposition of notice pursuant to Article 102 (1) of the Act, he/she shall prepare a written decision on examination and a written notice under Article 72.
(2) The head of an office, the head of a branch office, or the head of a detention center shall enter the following matters in a written notice under paragraph (1) and sign and seal on it:
1. Name, gender, date of birth and domicile of a person to receive a disposition of notice;
2. The amount of the penalty;
3. An offence;
4. Applicable provisions of statutes;
5. Place of payment and deadline for payment;
6. Date of a disposition of notice.
(3) With respect to an immigration offender whose offence is clearly recognized by his/her passport, documents, etc. as a result of the investigation and from whose disposition no dispute arises, the head of an office, the head of a branch office, or the head of a detention center may prepare a written decision on examining the immigration offender in lieu of a report on the recognition of suspicion under Article 57, an interrogatory of a suspect under Article 59 (1), and a written decision on examination and a written notice under paragraph (1).
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
Enforcement Ordinance
- Article 105 (Procedures, etc. for Payment of Penalties)
(1) A person in receipt of a disposition of notice pursuant to Article 102 (1) of the Act shall pay a penalty to a national treasury bank, its branch or agency, or post office (hereinafter referred to as "receiving agency") designated by the head of an office, the head of a branch office or the head of a detention center by the payment deadline set under Article 105 of the Act.
(2) A receiving agency that has collected a penalty pursuant to paragraph (1) shall issue a receipt to a person who has paid the penalty.
(3) Upon issuing a receipt under paragraph (2), a receiving agency shall promptly forward a written notice confirming the receipt of a penalty to the head of an office, the head of a branch office or the head of a detention center who issued the written notice.
(4) No penalty shall be paid in installments.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
Enforcement Ordinance
- Article 107 (Provisional Payment of Penalties)
(1) A person who intends to pay a penalty provisionally pursuant to Article 102 (2) of the Act shall submit an application for provisional payment and pay the penalty to the head of an office, the head of a branch office or the head of a detention center.
(2) When the head of an office, the head of a branch office or the head of a detention center collects a penalty provisionally paid pursuant to paragraph (1), he/she shall promptly enter the receipt of the penalty in the provisional custody register of penalties, and issue a receipt of the provisionally paid penalty to the payer thereof.
(3) The head of an office, the head of a branch office or the head of a detention center shall transfer penalties provisionally paid pursuant to paragraph (2) to a receiving agency.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
Enforcement Ordinance
- Article 103 (Criteria, etc. for Determination of Penalties)
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(1) Criteria for the determination of penalties shall be prescribed by Ordinance of the Ministry of Justice.
(2) The Minister of Justice may exempt an immigration offender from the disposition of notice under Article 102 (1) in consideration of his/her age and background, the motive for and consequences of the offence in question, capacity to bear a penalty, and other circumstances.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
Enforcement Ordinance
- Article 104 (Method of Making Disposition of Notice)
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A disposition of notice shall be made through service of written notice.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
Enforcement Ordinance
- Article 106 (Service of Written Notice)
A written notice referred to in Article 104 of the Act shall be served, as prescribed in Article 91 of the Act.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
- Article 105 (Nonfulfillment of Disposition of Notice and Accusation)
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(1) An immigration offender shall pay the penalty within 15 days from receipt of a written notice.
(2) If an immigration offender fails to pay the penalty within the period referred to in paragraph (1), the head of a Regional Immigration Service shall bring an accusation against the immigration offender: Provided, That this shall not apply where the immigration offender pays it prior to the accusation.
(3) Notwithstanding the main sentence of paragraph (2), if a written order of deportation is issued to an immigration offender, no accusation shall be brought against the immigration offender.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
Enforcement Ordinance
- Article 105 (Procedures, etc. for Payment of Penalties)
(1) A person in receipt of a disposition of notice pursuant to Article 102 (1) of the Act shall pay a penalty to a national treasury bank, its branch or agency, or post office (hereinafter referred to as "receiving agency") designated by the head of an office, the head of a branch office or the head of a detention center by the payment deadline set under Article 105 of the Act.
(2) A receiving agency that has collected a penalty pursuant to paragraph (1) shall issue a receipt to a person who has paid the penalty.
(3) Upon issuing a receipt under paragraph (2), a receiving agency shall promptly forward a written notice confirming the receipt of a penalty to the head of an office, the head of a branch office or the head of a detention center who issued the written notice.
(4) No penalty shall be paid in installments.
[This Article Wholly Amended by Presidential Decree No. 23274, Nov. 1, 2011]
- Article 106 (Prohibition against Double Jeopardy)
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When an immigration offender pays the penalty as notified, he/she shall not be punished again for the same case.
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
