Ministry of Justice Requests Supreme Court to Establish Sentencing Guidelines for Serious Accidents Punishment Act
Reported at the Sentencing Commission Meeting on August 11
The Ministry of Justice has requested that the Supreme Court Sentencing Commission establish sentencing guidelines for the Serious Accidents Punishment Act.
According to the legal community on August 11, the Sentencing Commission received an official document from the Ministry of Justice last week stating the need to establish sentencing guidelines for the Serious Accidents Punishment Act. This was reported at the 140th meeting of the Sentencing Commission held on the same day.
Previously, Minister of Justice Jung Seongho stated at a Cabinet meeting on July 29, "Because the courts do not have sentencing guidelines for the Serious Accidents Punishment Act, we are strongly requesting the Sentencing Commission to establish such guidelines."
Sentencing guidelines are recommended sentencing ranges determined by the Supreme Court for each type of crime. While they are not legally binding, they carry advisory authority. The guidelines are only applied to crimes explicitly designated as subjects of the guidelines, and currently, the Serious Accidents Punishment Act is not included.
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The current Sentencing Commission did not include the Serious Accidents Punishment Act among the categories of crime for which sentencing guidelines would be established or revised during its two-year term that began in June. This is reportedly due to the fact that the constitutionality of certain provisions of the Act is currently under review.
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