Persons subject to probation
- Persons subject to probation are as follows (Article 3(1) of the Act on Probation):
· A person under a suspended sentence on condition of probation
· A person under a suspended execution on condition of probation
· A person released on parole or provisionally released on condition of probation
· A person subject to a protective disposition under the short or long term probation of a probation officer in accordance with the Juvenile Act
· A person subject to probation in accordance with other statutes
Probation disposition imposed upon a suspended sentence or suspended execution
- The court shall issue a probation order when suspending a sentence for a minor under 19 years of age who has committed a sex offense against a child or youth (Article 21(1) of the Act on the Protection of Children and Youth Against Sex Offenses).
- When the court suspends the execution of a sentence for a person who has committed a sex offense against a child or youth, it may concurrently issue either of probation order or community service order, or both orders within the period of suspended execution in addition to an order to attend education (Article 21(4) of the Act on the Protection of Children and Youth Against Sex Offenses).
Commencement of probation
- Probation commences when the court’s ruling or decision becomes final and conclusive, or when an inmate is paroled or provisionally released (Article 29(1) of the Act on Probation).