Criminal
Death penalty retained in law but unused since 1997
The Criminal Act retains capital punishment, but no execution has been carried out since December 1997, making Korea abolitionist in practice. Jury-style participation exists only in an advisory form.
Key rules
- Jurisdiction — District courts at first instance, high courts on appeal, Supreme Court on final appeal.
- Deadline — Detention without a warrant limited to 48 hours
- Deadline — Appeal within seven days of the judgment
Governing law
- Criminal Act of Korea
- Criminal Procedure Act
- Act on Citizen Participation in Criminal Trials2008
Penalties and consequences
- Death penalty on the statute book but not carried out since 1997
- Imprisonment with or without labour, fines, and suspension of qualifications
In practice
Citizen participation trials, available for serious offences at the defendant's request, produce a verdict that the judge may depart from with reasons, so it is advisory rather than binding. The 2020-2021 reforms transferred primary investigative authority from the prosecution to the police for most offences and created a separate agency for senior-official corruption, materially reducing prosecutorial control. Defence access to counsel applies from arrest, and interrogation recording is standard.