Glossary of South Korean Criminal Law Terms

Introduction

This glossary defines key terms used in South Korean criminal law and procedure, which are governed by the Criminal Code (형법) and the Criminal Procedure Code (형사소송법). The terminology combines German doctrinal precision with Korean procedural innovations.

Key Terms

Arrest Warrant (체포영장)

A judicial authorization for the arrest of a criminal suspect. Article 12(3) of the Constitution requires a warrant issued by a judge upon a prosecutor’s request. Exceptions exist for flagrant offenders (현행범) and emergency arrests (긴급체포).

Detention Warrant (구속영장)

A judicial authorization for pre-trial detention of a suspect. The court reviews whether detention is necessary (flight risk, evidence destruction) and must issue the warrant within 48 hours of arrest.

Confession Rule (자백의 증명력)

The principle that a confession alone is insufficient for conviction — corroborating evidence (보강증거) is required (Article 310 of the Criminal Procedure Code). This rule prevents convictions based solely on confessions.

Prosecution Indictment (기소)

The formal charging decision by a prosecutor. South Korea follows the principle of prosecutorial discretion (기소편의주의) — prosecutors may decline to indict even where sufficient evidence exists, based on public interest considerations.

Trial (공판)

The main criminal trial proceeding before a judge or panel. Korea does not have jury trials for criminal cases (except limited advisory jury participation in some serious cases since 2008).

Appeal (항소)

The first level of appeal from a District Court criminal judgment to a High Court. The appeal reviews findings of fact and law.

Appeal to the Supreme Court (상고)

The final appeal from a High Court criminal judgment to the Supreme Court. The Supreme Court reviews only legal errors.

Sentencing (양형)

The court’s determination of punishment. Sentencing considers statutory ranges, aggravating and mitigating factors, and sentencing guidelines established by the Sentencing Committee (양형위원회, established 2007).

Suspended Sentence (집행유예)

A sentence of imprisonment that is suspended for a probationary period (1–5 years), subject to conditions. If the offender commits no further offenses during this period, the sentence is not executed.

*Nullum Crimen Sine Lege* (죄형법정주의)

The principle of legality: no crime and no punishment without law. Codified in Article 1 of the Criminal Code, this principle prohibits retroactive criminal laws, analogy, and vague or unclear criminal provisions.

Intent (고의)

The mental element (mens rea) required for most criminal offenses. Korean criminal law distinguishes between dolus directus (direct intent), dolus indirectus (indirect intent), and dolus eventualis (conditional intent).

Negligence (과실)

The mental state where the actor fails to exercise the required standard of care, resulting in harm. Negligence is punishable only where the Code specifically provides (Article 14 of the Criminal Code).

Self-Defense (정당방위)

A justification defense available when a person uses reasonable force to defend against an imminent unlawful attack (Article 21 of the Criminal Code). The defense requires proportionality.