The nature of additional collection under the Customs Act

Since the collection under the Customs Act is one disciplinary measure against the violation of the Customs Act, if there are many persons, the court shall order each offender to collect the whole price, and if any person among the offenders pays the whole price, all the offenders shall be exempted from the execution of the collection, but if they are unable to pay in full, they shall follow the execution of the collection for each offender. Therefore, the principle of division under the Civil Act cannot be applied, and it is distinguished from the collection under the Criminal Act.

Defendant

Seoul Criminal Court Decision 76No1639 delivered on June 3, 1976

The appeal is dismissed.

Judgment on the Defendant’s ground of appeal

The collection under the Customs Act shall be one disciplinary measure against the violation of the Customs Act. If there are several persons, the court shall order each offender to collect the entire price, and if a certain person among the offenders pays the whole price, all offenders shall be exempted from the execution of the collection, but if it is not possible to pay the whole price, it shall be subject to the execution of the collection for each offender. Therefore, the collection under the Customs Act shall not be subject to the principle of division under the Civil Act in relation to claims between the majority parties, and it is distinct from the collection under the Criminal Act for the purpose of deprivation of profits (see Supreme Court Decision 73Do150 delivered on August 31, 1973).

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Han-jin (Presiding Justice)