If you cannot pay a fine, do you go straight to a workhouse?

Once a fine becomes final through a summary order (약식명령) or a judgment, a payment notice arrives some time later. Quite a few people sigh as soon as they see the amount. Money is already tight for living expenses, and now they are told to pay several million won at once; some even say they would rather serve it off in a workhouse.

Before deciding that, there are things you should know. The period for requesting a formal trial in objection to a summary order is seven days from the day you received notice of it (Article 453(1) of the Criminal Procedure Act), and this article concerns what happens after that period has passed and the fine has become final.

How confinement in a workhouse is decided

A fine must be paid within 30 days from the day the judgment becomes final (Article 69(1) of the Criminal Act). If it is not paid, you are confined in a workhouse (노역장 유치) for a period of one day to three years (paragraph (2) of the same Article), and the number of days it converts into is set when the fine is imposed (Article 70(1)). This is the sentence in the judgment or summary order stating how much one day is worth. If you have paid even part of the fine, the days of confinement are reduced in proportion to the amount paid (Article 71 of the Criminal Act).

If you simply leave the notice alone, procedures to enforce the sentence go ahead, and a sentence execution warrant may be issued and you may be taken into custody (Articles 473 and 492 of the Criminal Procedure Act). This is why some people end up being taken to a workhouse straight from a routine police check. You would suddenly be out of contact with your work and family, so if you cannot pay, you should actually act first.

You can pay in installments or defer payment

If you are in financial difficulty, you can apply to the enforcement department of the Public Prosecution Office (공소청) for installment payment or deferral of payment. The basis for this is Article 12 of the Rules on the Enforcement of Property Penalties by the Public Prosecution Office. Eligible people include recipients of basic livelihood benefits, some near-poverty households, persons with disabilities, recipients of unemployment benefits, people who have received a decision to commence individual rehabilitation, and people who themselves, or whose household members, need medical treatment for a month or more, and the prosecutor grants permission after considering your circumstances and ability to pay.

If permission is granted, you are given a deadline of up to six months, which can be extended up to twice, by three months each time, if the grounds remain. If you fail to pay twice without a justifiable reason, the permission may be revoked, so keep to the agreed schedule. When applying, submit documents showing your circumstances, such as a certificate of benefit receipt or a medical certificate.

For fines of 5 million won or less, community service is also possible

If a fine of 5 million won or less has become final and you cannot pay it, you can apply to have it converted to community service instead of the workhouse (Article 4(1) of the Act on Special Cases Concerning the Execution of Community Service by Persons Who Fail to Pay Fines, and Article 2 of its Enforcement Decree). You apply to a prosecutor at the district public prosecution office with jurisdiction over your place of residence within 30 days of the prosecutor's payment order, and if you have received permission for installment payment or deferral, you can also apply within that deadline.

There are cases in which you cannot apply, such as when you were sentenced to both imprisonment and a fine, so check in advance. Whichever route you choose, the one thing to avoid is putting the notice in a drawer and letting the deadline pass.