COVID-19 Prolongation... Prosecution Expands Suspended Sentences for Fines Considering 'Payment Ability'

[Asia Economy Reporter Baek Kyunghwan] The Supreme Prosecutors' Office has decided to introduce a flexible fine system during the investigation and trial stages, considering the prolonged economic hardships faced by the public due to COVID-19. They will apply the ability to pay fines as a sentencing factor or utilize probation for fines, expanding the criteria for substituting unpaid fines with community service for those unable to pay.

On the 26th, the Supreme Prosecutors' Office announced that while maintaining the purpose of punishment, it will temporarily implement a plan to operate the "fine system at investigation, trial, and execution stages" flexibly with a "citizen-centered" approach, adapting to the current era.

First, at each stage of investigation, trial, and execution, they will reduce the economic burden on citizens in difficult situations by adjusting fines, requesting probation, allowing installment payments, and deferring payments.

During the investigation stage, under certain conditions, the ability to pay fines will be considered as a sentencing factor to adjust fines, or the probation system for fines will be actively utilized. Since the 2018 revision of the Criminal Act allows probation for fines under 5 million KRW, they plan to actively request probation for fines in cases where exemption from payment is necessary.

At the trial stage, if economic deterioration due to COVID-19 occurs after indictment, this will be reflected in sentencing investigations, and the prosecution may reduce the amount requested or utilize probation requests for fines.

At the execution stage, where fines have already been confirmed, the criteria for applying for community service will be significantly relaxed, allowing applicants to substitute fines with community service. Unpaid fines under 5 million KRW for those without economic ability can be substituted with community service upon court approval following the prosecutor's request. Notably, the criteria for substituting unpaid fines with community service for those without economic ability will be expanded from 30% to 50% of the median income. For a four-person household, the monthly income threshold changes from 1,462,887 KRW or less to 2,438,145 KRW or less.

Additionally, the system for installment payments or deferral of fines will be expanded. Even for wanted persons with unpaid fines, if they are unable to pay due to financial hardship, they will be allowed installment payments or deferral without partial payment conditions, followed by lifting the warrant and suspending forced execution to provide opportunities for economic participation. A Supreme Prosecutors' Office official stated, "We will continue to prepare improvement plans to ensure that prosecutorial duties such as investigation, prosecution, maintenance of public prosecution, and execution of sentences are operated rationally with a citizen-centered approach."

This content was produced with the assistance of AI translation services.