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Chapter Law Content

Chapter 6 Probation
Article 64
Probation, upon the situation, shall be executed by the police agency, autonomy organization, charity organization, the closed relatives or family members of the person under imprisonment, or other appropriate persons that are located in or outside of the place where the person under imprisonment is.
The ministry of Justice may establish a probation officer at the prosecutors office at the district court to take charge of the probation affairs ordered to execute by the prosecutors.
Article 65
With regard to the probation officer, the prosecutor shall be responsible for inspection and supervision at anytime. When deemed necessary, a warning may be given or another person may be additionally appointed to execute the probation.
Article 65-1
The prosecutor shall inform the person subject to probation to abide by and designate a date for him/her to report to the person that enforce the probation.
When the prosecutor orders the action referred to in the preceding paragraph, he/she shall provide the written judgment, life investigation, and other documents related to the person subject to the probation to the probation officer. The probation officer shall immediately report to the prosecutor upon the arrival of the person subject to the probation. When the person subject to probation fails to report on the designated date, the prosecutor shall also be informed.
Article 66
The probation officer may order the person subject to the probation to comply with certain affairs. When failing to comply, the probation officer may issue a warning or apply to the prosecutor who orders the execution for proper handling. When deemed necessary, the freedom of the person subject to the probation may be restricted.
Article 67
If the probationer moves to other places or has other reasons not to execute the duty, he/she shall report to the prosecutor to additionally appoint an officer in advance.
Article 68
The probation officer shall report the execution situations regarding the person subject to the probation to the prosecutor monthly.
If any subparagraph prescribed under Article 74-2 hereof is violated, the probation officer shall state the facts and report to the prosecutor immediately.
With the person subject to the probation who is currently under the parole, if the prosecutor deems that he/she violates any subparagraph of Article 74-2 hereof, he/she shall immediately inform the warden of the served prison.
Article 69
When the person subject to the probation escapes, dies, or commits other crimes, the probation officer shall immediately report to the prosecutor. With regard to those who are currently under the parole, the prosecutor shall immediately inform the warden of the served prison.
Where the person subject to the probation is called for military service, the preceding paragraph shall apply mutatis mutandis.
Article 69-1
When the residence or domicile of the person subject to the probation changes, he/she shall report to the prosecutor for approval through the probation officer. The prosecutor shall submit the conditions and documents of the execution by letter to the prosecutor of the competent court in the location where the person under imprisonment is moving in and request him/her to additionally appoint a new probation officer to continue the unfinished period of probation.
Article 70
Where reformatory education is replaced with probation the aptitude, personality, and living habits of the person subject to the probation shall be aware of.
Article 71
Where custody is replaced with probation, the person subject to probation shall be caused to continue and complete the treatment, psychological guidance or other appropriate treatment measures, and attention shall be paid to his mental and physical conditions, actions, and convalescence.
The probation officer may transfer the person subject to custody replaced with probation to appropriate group or institution.
Article 72
Where the disposition of abstention is replaced with probation, the abstention and treatment of the person subject to the probation shall be urged and supervised at any time. When necessary, the police agencies may be request for assistance.
Article 73
Where the disposition of compulsory work is replaced with probation, the person subject to the probation shall be advised and guided through appropriate work and shall be inspected.
Article 74
With regard to those that are subject to the probation during the probation or parole, his/her daily actions and people he/she is in contact with shall be aware of.
Article 74-1
With regard to those foreigners who are subject to probation may be deported instead.
Chapter 8 hereof shall apply mutatis mutandis with regard to the deportation referred to in the preceding paragraph.
Article 74-2
The person subject to the probation shall comply with the following affairs during the period of probation
1. Marinating good behaviors and staying out of contact with those with bad behaviors;
2. Complying with the orders given by the prosecutor and the probation officer;
3. Shall not offend the victim, complainant, or informer;
4. Reporting his/her physical health, living conditions, and working environment to the probation officer at least once a month; and
5. Unless approved by the probation officer, he/she shall not leave the location of probation. An approval of the prosecutor shall be acquired if leaving more than ten (10) days.
Article 74-3
When the person subject to the probation seriously violates any of the subparagraphs of the preceding article, the prosecutor may apply for the revocation of the declaration regarding the probation or probation.
With regard to those that are under the parole, if the situation prescribed in the preceding paragraph occurs, the warden may apply for the revocation of the parole.
Article 75
With those whose execution of probation has been over one (1) year, if the prosecutor deems that it is unnecessary to carry on the execution after deliberating the monthly reports and inquiring the opinion of the probation officer, the prosecutor shall apply to the court for ruling to exempt the execution.
Article 76
With those whose execution of probation has passed nine-tens (9/10), if the prosecutor deems that it is necessary to carry on the execution after deliberating the monthly reports and inquiring the opinion of the probation officer, the prosecutor shall apply to the court for ruling to extend the execution.
Article 77
The probation officer may report to the prosecutor to make the applications prescribed in the preceding two articles.
Article 77-1
The probation officer shall report to the prosecutor upon the expiry of the probation.
With regard to those that are under the parole, the prosecutor shall also inform the warden of the served prison.