ENGLISH

- “Summary judgment” refers to the district court penalizing pecuniary punishment, such as fine, penalty, confiscation, etc., through summary proceedings without a trial. A summary order may impose additional collection and other miscellaneous costs (Collection of Legal Terms and Cases, By the Ministry of Government Legislation and Korea Legislation Research Institute, 2003).

- Suppose the prosecutor considers that the crime of violence or injury should be punished with a fine, penalty, or confiscation, and therefore, deems a summary judgment more appropriate than taking trial procedures. In this case, the prosecutor shall request for a summary judgment in writing while filing the prosecution to the district court (Article 448, paragraph 1, and Articles 449 and 450 of the Criminal Procedure Act).

- However, the district court requested to fulfill a summary judgment will make a ruling through trial if it considers a summary judgment impossible or inappropriate (Article 450 of the Criminal Procedure Act).

- Suppose the district court deems it necessary to implement a summary judgment as requested by the prosecutor. In this case, the district court shall proceed with the summary judgment within 14 days after the claim (Article 171 of the Regulation on Criminal Procedure). A summary judgment specifies that an official trial may be requested within seven days after notification of the crime information, principal penalty, collateral measures, and summary judgment (Article 451 of the Criminal Procedure Act).

- The summary judgment is notified to the prosecutor and defendant through a written judgment (Article 452 of the Criminal Procedure Act).

- The summary judgment is as effective as the final ruling in the following cases: ① If the period of requesting a formal trial has passed, ② If the withdrawal of the formal trial request has been confirmed, and ③ If the dismissal of the formal trial request has been finalized (Article 457 of the Criminal Procedure Act).