meaning of a person who has served more than five years in total under Article 5 (1) 1 of the Social Protection Act;

A person whose total term of punishment is at least five years under Article 5 (1) 1 of the Social Protection Act refers to a person whose total term of punishment is at least five years. Thus, even if the person who filed an application for reduction of punishment is exempted from partial execution of sentence determined as a special amnesty and actually has served for less than five years, even if the period of punishment is less than five years, he/she is a person whose total term of punishment is at least five years.

Article 5 (1) 1 of the Social Protection Act

Supreme Court Decision 83Do113 Decided June 28, 1983

Applicant for Custody

Applicant for Custody

Attorney Kim Tae-tae

Seoul High Court Decision 86No1884,86No193 Decided September 4, 1986

The appeal is dismissed.

We examine the grounds of appeal by the requester for custody.

A person whose total term of punishment is not less than five years under Article 5 (1) 1 of the Social Protection Act refers to a person whose total term of punishment is not less than five years, as determined by the first instance court, so long as the defendant for whom a warrant of custody was served more than five years, as determined by the first instance court, the defendant for whom a warrant of custody was served shall be exempted from the execution of a part of the sentence finalized by a special amnesty, such as a lawsuit, and even if the period of his/her actual reinstatement is less than five years, the defendant for whom a warrant of custody was served shall be a person whose total term of punishment is not less than five years under Article 5 (1) 1 of the Social Protection Act. Furthermore, as long as he/she meets the requirements for protective custody under the Social Protection Act, the court shall be subject to protective custody, and the period of protection shall be determined by law, and the court

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

Justices Lee Jae-hee (Presiding Justice)