What is probation?
Probation is a community-based sanction in which an offender lives in the community, under the supervision and support of a probation officer, instead of serving time in prison. Its aims are to prevent reoffending and support reintegration.
- Korea’s basis
- Act on Probation and Parole, etc.; Criminal Act; Juvenile Act
- Start
- July 1, 1989 for juveniles
- Expansion
- January 1, 1997 to all adult offenders
- Related orders
- Community service, attendance (treatment) orders
Who is placed on probation?
In Korea, probation can attach to a suspended or deferred sentence, parole, or a juvenile protective disposition. Community service orders require unpaid public work, while attendance orders require completing programs such as substance-abuse or violence-prevention education.
Isn’t staying out of prison too lenient? Probationers must follow conditions such as living at a fixed address, working, and reporting moves or trips of a month or more. Violations can lead to warnings, detention and revocation of the suspended sentence or parole. Probation keeps control while avoiding prison’s criminogenic effects and labeling.
History
Probation began in 1841 when Boston shoemaker John Augustus stood bail for a man charged with drunkenness and supervised his reform. Massachusetts passed the first statute creating paid probation officers in 1878.
Korea, Japan and China
| Country | System | Features |
|---|---|---|
| Korea | Probation | Led by state probation officers, assisted by crime-prevention volunteers |
| Japan | Probation under the Offenders Rehabilitation Act (2008) | Probation officers work with volunteer hogoshi, about 46,000 as of January 2025 |
| China | Community correction (2020 law) | Covers public surveillance, suspended sentences, parole and temporary out-of-prison execution |
See also strain theory and restorative justice.
Frequently asked questions
- What is probation?
- A community-based sanction combining supervision and support instead of incarceration.
- When did Korea introduce probation?
- July 1989 for juveniles, extended to adults in January 1997.
- Who are Japan’s hogoshi?
- Volunteer probation officers appointed by the Minister of Justice who work alongside professional officers.
References
- 보호관찰법, 법률 제4059호(1988. 12. 31. 제정, 1989. 7. 1. 시행).
- 보호관찰 등에 관한 법률, 법률 제5178호(1996. 12. 12. 전부개정, 1997. 1. 1. 시행).
- 更生保護法（平成19年法律第88号、平成20年6月1日施行）.
- 法務省『令和7年版 犯罪白書』第2編第5章第6節.
- 《中华人民共和国社区矫正法》（2019年12月28日通过，2020年7月1日施行）.