When you receive a summary order imposing a fine

If the prosecutor considers a fine appropriate, they request a summary order (약식명령) instead of a formal trial. Without holding a hearing, the court looks only at the record, sets a fine, a petty fine or confiscation, and sends out a summary order (Criminal Procedure Act (형사소송법) Article 448). If you leave it, it becomes final and you will have a criminal record for a fine. If the court considers a summary order inappropriate, it may send the case to a formal trial (Article 450). Because the decision is made without giving the defendant a chance to speak in court, the written opinions and materials submitted at the investigation stage are what the decision rests on.

The summary order states the charge, the criminal facts, the amount of the fine and the period of confinement in a workhouse (노역장 유치) if the fine is not paid. Write down the date you received it first.

The defendant can request a formal trial (정식재판) in writing from the court that issued the summary order within 7 days of being notified of it (Criminal Procedure Act Article 453). The period is counted from the day after you receive it, and if the last day is a Saturday or public holiday, it runs to the next weekday (Article 66). If a family member living with you received the post on your behalf, that day may count, so check your post right away.

In a formal trial, you are tried again in court. It makes sense if there are facts to dispute, or if you have new materials to submit, such as a settlement reached after the summary order.

In a case where the defendant requested a formal trial, the court cannot impose a heavier type of sentence than in the summary order, for example imprisonment instead of a fine (Criminal Procedure Act Article 457-2(1)). However, within the same fine, the amount can go up, and in that case the court must state the reasons in the judgment (same article, (2)).

So do not assume that requesting a formal trial will always reduce the fine. First work out what new materials you have and whether there are facts to dispute. A request for a formal trial can be withdrawn until the first-instance judgment is pronounced (Article 454); if you withdraw, the summary order becomes final as it is, and you cannot request again.

A formal trial takes time and money. If it is hard to decide, one option is to first inspect and copy the investigation record to see what evidence the criminal facts were based on, and then decide. Go through the points below one by one.

• Whether any of the criminal facts are written differently from what happened
• Whether a settlement or compensation has been made since the summary order
• Whether a fine affects your job or professional qualifications
• Whether you can take time to attend each hearing
• Whether disputing the case could bring new unfavourable facts to light

As a rule, a formal trial also requires the defendant to attend. If a defendant who requested a formal trial fails to appear on the hearing date, and again fails to appear without good reason on the new date set, the court can give judgment without the defendant's statement (Criminal Procedure Act Articles 458(2) and 365).

If something comes up that prevents you from attending, apply to the court in advance to change the date and submit supporting documents such as a medical certificate or proof of a business trip. If a settlement was reached after the summary order, submit the settlement agreement before the first hearing.

The fine must be paid within 30 days of the day the judgment becomes final (Criminal Act (형법) Article 69(1)). If paying in one go is difficult, apply to the execution department of the Public Prosecution Service for payment in instalments or a postponement (Public Prosecution Service Rules on the Execution of Property Penalties (재산형 등에 관한 공소청 집행사무규칙) Article 12). Those eligible include basic livelihood security recipients, some near-poverty households, people with disabilities, people receiving unemployment benefits, people with a decision to open individual rehabilitation, and people who themselves or whose household members need treatment for a month or more; the prosecutor decides based on their circumstances, the amount and whether they can actually pay. The period is up to 6 months and, if the reason continues, can be extended twice by 3 months each time.

If you cannot pay because of financial hardship, for a fine of 5 million won or less you can apply to do community service instead of workhouse confinement. Apply to the prosecutor at the District Public Prosecution Office with jurisdiction over your home within 30 days of the prosecutor's payment order; if you have permission to pay in instalments or postpone, you can apply within that permitted period (Act on Special Cases concerning Community Service for Persons Who Fail to Pay Fines (벌금 미납자의 사회봉사 집행에 관한 특례법) Article 4; Enforcement Decree Article 2). You cannot apply if you were sentenced to imprisonment along with the fine or are in custody for another case. If you never pay the fine, you may be confined in a workhouse for the period stated in the summary order (Criminal Act Articles 69(2) and 70).

At the consultation, we look at your summary order and tell you whether there is a reason to request a formal trial. If you request one, we apply to inspect and copy the investigation record to find what can be disputed, organise any new materials and prepare for trial. The 7-day deadline is short, so check the date you received the summary order and contact us through the chat on this page.