Compensation from Korean Government for Malicious Prosecutions and Acquittals

The Korean Constitution provides the possibility of compensation for a “criminal suspect or an accused person” who was wrongfully detained and not indicted or was acquitted by a Korean court.

“In a case where a criminal suspect or an accused person who has been placed under detention is not indicted as provided by law or is acquitted by a court, he shall be entitled to claim just compensation from the State under the conditions as prescribed by law.” Article 28, Korean Constitution.

Compensation from Korean Government for Malicious Prosecutions & Acquittals

A recent case sheds light on the issue. A college student was convicted and sentenced to eight months in jail for deepfake pornography. However, after an appeal to the Supreme Court, the student was acquitted, since the law he could be convicted under ( Korea’s Act on Special Cases Concerning the Punishment of Sexual Crimes) was not enacted at the time of the act.

New York Attorney Sean Hayes is the only non-Korean to have worked as a government attorney for the Korean court system and one of the first non-Koreans to be a regular member of a Korean law faculty. He is rated as a Top Attorney by LawAsia and other publications. Schedule a call with Sean Hayes at: Schedule a Call.