ENGLISH

- The “Review on Legality of Confinement/Custody” refers to the court screening the legality of the confinement of the suspect. If deeming the confinement of the suspect illegal or unjust, the court commands the confined suspect to be released (Collection of Legal Terms and Cases, By the Ministry of Government Legislation and Korea Legislation Research Institute, 2003).

- The following parties may claim the competent court to review the legality of confining the suspect: the confined suspect or his/her attorney, legal representative, spouse, lineal relative, sibling or a family member, housemate, or employer (Article 214-2, paragraph 1 of the Criminal Procedure Act).

- The prosecutor or judicial police officer who confined the suspect shall notify the confined suspect and review the claimant nominated by the suspect that they may claim the review on confinement legality (Article 214-2, paragraph 2 of the Criminal Procedure Act).

- Supposethe court requested to review the legality of confinement determines that therequest has no justifiable reason after interrogating the confined suspectwithin 48 hours after receiving the application and inspecting the relatedx-documents and evidence. In this case, the court may dismiss the request.However, the court will release the suspect if deciding the request has ajustifiable reason (Article 241-2(4) of the Criminal Procedure Act).

- If the request falls under any of the cases below, the court may decide to dismiss the request of confinement legality review without an interrogation (Article 214-2, paragraph 3 of the Criminal Procedure Act).

- An appeal shall not be made on the court’s decisions above (Article 214-2, paragraph 8 of the Criminal Procedure Act).

- If the confined suspect is not assigned with an attorney, the court will designate an account-appointed defense attorney for the suspect (Article 214-2, paragraph 10 of the Criminal Procedure Act).

- Unless the suspect escaped or destroyed evidence for the crime after being released according to the court’s decision, the suspect shall not be re-confined for the same crime (Article 214-3, paragraph 1 of the Criminal Procedure Act).

- Unlessthe suspect released under the condition of paying guarantee falls under any ofthe cases below, the suspect shall not be re-confined for the same crime (Article214-3(2) of the Criminal Procedure Act).

- The prosecutor or judicial police officer shall notify the suspect on the following matters before starting the interrogation (Article 244-3, paragraph 1 of the Criminal Procedure Act).

- The prosecutor or judicial police officer shall interrogate matters required for the criminal fact and extenuating circumstances. Moreover, he/she shall give the suspect an opportunity to make advantageous and factual statements (Article 242 of the Criminal Procedure Act).

- The prosecution investigation officer or secretary shall participate when the prosecutor interrogates the suspect. Judicial police officials shall be present when the judicial police officer questions the suspect.

- The statement of the suspect shall be stated in the examination record (Article 244, paragraph 1 of the Criminal Procedure Act), and the statement may be video recorded if priorly notified to the suspect. In this case, the entire interrogation process, from its initiation to termination, shall be recorded to objectively view the situation (Article 244-2, paragraph 1 of the Criminal Procedure Act).

- While interrogating the suspect, the interrogator may confront the testifier (Article 245 of the Criminal Procedure Act), or the Professional Investigation Advisory Commissioner may participate in providing professional information or present opinions (Article 245-2 of the Criminal Procedure Act).