Minor Offences Act

The Minor Offences Act (경범죄처벌법/輕犯罪處罰法) is a statute which provides for types of minor offences or misdemeanor, and resultant punishment, outside of the Criminal Act.

Once this Act was enacted in 1954, the Japanese-made Regulation for Punishment of Security Violations of 1912 was finally repealed.

Under the authoritarian regime in the 1970s and 1980s, the Act was occasionally invoked to discipline citizens in violation of basic social order and customs such as hippie-style long hairs and indecently looking clothes like mini-skirts.

Key words
minor offence, police, security, basic social order, social attitude

Wholly Amended in line with Social Changes
Even though the penal provision remains in the Act, its violation and the resultant punishment depends on the prevailing social attitude.

Take an exaple of the previous misdemeanor "unauthorized secret dance", it was once subject to harsh criticism under the Authoritarian Regime in the 1970s and 1980s. But now social dance and sports dance are gaining popularity at home and abroad, and professional dancers are regarded as popular entertainers by the mass media. So this minor offence has hardly been enforced. Also the minor offence related pawnshop registry has never addressed by the police.

On the other hand, the Korea National Policy Agency has listed stalking (스토킹) as a minor offence in the Amendment to the Act in March 2012. It's because stalking amounts to a criminal act when it harasses targeted victims by following them for too long or bombarding them with telephone calls and e-mails.

And the winos and drunkards who used to take too much and wield violence at the police station shall be punished under the newly amended Act.

Minor Offences
The Act, wholly amended on March 21, 2012 by Act No. 11401, and effective on March 22, 2013, stipulates the minor offences subject to punishment as follows:

Type A
Any person who committed any of the followings shall be punished by fine of 100 thousand won or less, detension less than 30 days or minor fine. Article 3 (1).
 * 1) Squatting in empty houses, etc.;
 * 2) Concealed possession of lethal weapon;
 * 3) Violences, etc. in preparation;
 * 4) Fraudulent report of crime or natural disater to the public employee;
 * 5) On-the-spot alteration of a corpse;
 * 6) Failure to report to the authorities concerned a person in great need of help;
 * 7) Impersonation of official titles;
 * 8) Coerced sale of goods, or noisy solicitation of customers;
 * 9) Posting of advertisements without permission;
 * 10) Disturbance of drinking waters;
 * 11) Leaving trash and wastes in public places;
 * 12) Urination on the street;
 * 13) Interruption of ceremonies;
 * 14) Solicited admission to organizations;
 * 15) Destruction of nature e.g., by engraving letters on trees and rocks;
 * 16) Unauthorized operation of other's animal or machine;
 * 17) Interference of waterways;
 * 18) Begging and unjust enrichment;
 * 19) Making unrest and anxiety;
 * 20) Drunken disturbances;
 * 21) Neighborhood disturbances;
 * 22) Reckless playing with embers;
 * 23) Throwing away of dangerous things;
 * 24) Negligent management of artificial structures;
 * 25) Negligent feeding of dangerous animals;
 * 26) Using violence by means of animals;
 * 27) Unauthorized extinction of lights;
 * 28) Negligent security measures of public passages;
 * 29) Denial of public employee's request of help;
 * 30) Fraudulent filling-up of name and address;
 * 31) Superstitious therapy;
 * 32) Violation of curfew hours;
 * 33) Over-exposure of a human body by exposing his/her privy parts in the public places;
 * 34) Unauthorized denial of fingerprinting;
 * 35) Collection of occupancy charge in public places;
 * 36) Jump in the queue;
 * 37) Trespassing of private premises;
 * 38) Mischievous manipulation of guns or explosives;
 * 39) Free ride and jumping on restaurant bills;
 * 40) Mischievous calling, or sending SMS, e-mail, etc.; and
 * 41) Continuous harassment or stalking.

Type B
Any person who committed any of the followings shall be punished by fine of 200 thousand won or less, detension or minor fine. Article 3 (2).
 * 1) Inappropriate publishing of controversial content;
 * 2) Fraudulent advertisement;
 * 3) Hindrance of other's business; or
 * 4) Sale and purchase of scalper's tickets.

Type C
Any person who took too much and wield violence at the pulbic administrative office shall be punished by fine of 600 thousand won or less, detension or minor fine. Article 3 (3).

Minor offences repealed in the 2012 Amendment
Owing to decreased punishability
 * Fraudulent filing with pawnshop registry; and
 * Unauthorized secret dance school and provision of dance floors.

Owing to existence of other penal provisions
 * Negligent operation of machinery;
 * Negligent care of lunatics;
 * Display of snakes and other disgusting things; and
 * Smoking at the non-smoking zone.

Punishment
In implementing this Act, law enforcement is not allowed to infringe upon fundamental rights of citizens in an improper manner, and prohibited from applying this Act for other purpose than the original one. Article 2.

The culprit may be exempted from punishment in consideration of specific situation and circumstances, or subject to fine as well as detention at the same time. Article 5.

The head of the competent police station, maritime police station, the governor of Jeju Special Provice or the Railway Police may order the payment of fine by notice except that the violation is habitual; the detention is appropriate in view of the motivation, means and results; there is a victim; or the violator is under 18 years of age. Articles 6 (1) and (2).

When the violator pays the fee within a certain period time upon receipt of such notice, he or she shall not be indicted. Article 8 (3).

However, the violator refuses to accept the police notice, personal identification or address is not secure, or it is difficult to give the fine-payment notice, or he/she fails to pay the fine, the violator shall be summoned to the summary judgment by the head of competent police station or maritime police station. If the violator refuses to accept summary judgment, he/she may apply for formal judgment. Article 8.