Overview
Under Article 59 of Korea’s Criminal Act, when the sentence would be imprisonment (with or without labour) of up to one year, suspension of qualifications or a fine, a court may defer pronouncing it if the defendant shows evident remorse, unless they have a prior sentence of suspension of qualifications or heavier. After two years the case is deemed dismissed (Art. 60); probation may be ordered (Art. 59-2); conviction of a qualifying sentence during the period revokes it (Art. 61). It is more lenient than suspended execution and differs from prosecutorial suspension of indictment.
This article is general information based on Korean statutes and case law, not legal advice. For a specific case, consult a lawyer or the Korea Legal Aid Corporation (132). Check law.go.kr for current law.
Frequently asked questions
- Does it apply to fines?
- Yes.
References
- 「형법」 제51조, 제59조(선고유예의 요건), 제59조의2(보호관찰), 제60조(선고유예의 효과), 제61조(선고유예의 실효). 국가법령정보센터.
- 「형의 실효 등에 관한 법률」. 국가법령정보센터.
- 신동운. 『형법총론』. 법문사.