The costs of appeal are assessed against the defendant.

1. Article 28 of the Constitution provides, “When a person detained as a criminal suspect or a criminal defendant receives a non-prosecution disposition or a verdict of innocence as determined by Act, he/she may claim due compensation from the State, under the conditions as determined by Act.”

Accordingly, the Criminal Compensation and Restoration of Honor Act (hereinafter “Criminal Compensation Act”) stipulates methods, procedures, etc. for criminal compensation and restoration of honor in order to contribute to the legitimate compensation and actual restoration of the reputation of a person who has received a verdict of 'not guilty' in criminal proceedings.

Article 2(1) of the Criminal Compensation Act provides, “When a defendant in a case finalized by a verdict of not guilty in the general procedure, retrial or extraordinary appeal procedure under the Criminal Procedure Act has been placed under detention without conviction, he/she may claim compensation for such detention to the State in accordance with this Act.”

Article 7 of the Criminal Compensation Act provides, “The claim for compensation shall be made against the court which has rendered a judgment of not guilty,” and Article 17(1) provides, “When a claim for compensation is well-grounded, a decision on compensation shall be made.” Article 21(1) provides, “Any person who intends to make a claim for compensation shall submit a written claim for payment of compensation to the prosecutor’s office corresponding to the court which has rendered the decision on compensation” and Article 21(2) provides, “The written request for compensation shall be accompanied by the court’s decision on compensation.”

In light of the above provisions of the Constitution and the Criminal Compensation Act, a claimant for criminal compensation may claim payment of compensation upon receiving a written claim for compensation from the court which rendered a judgment of not guilty according to the procedure stipulated in the Criminal Compensation Act and submitting the written claim for compensation to the prosecutor's office corresponding

. In such cases.