Criminal Law and Criminal Procedure Law
What the exam tests
Korean substantive criminal law (형법) and criminal procedure (형사소송법), with emphasis on the powers and limits of Coast Guard judicial police officers.
Core rules
- 죄형법정주의: no crime or punishment without a clear statute. Analyze 구성요건, 위법성, and 책임 in that order.
- Defenses: 정당방위 requires a present, unlawful attack and a proportionate response; 긴급피난 requires unavoidable danger.
- Arrest: a warrant is the rule. A flagrant offender (현행범인) may be arrested without a warrant, and an emergency arrest (긴급체포) is allowed only for specified serious crimes and flight or evidence-destruction risk.
- After arrest, the suspect must be informed of the right to counsel and the reason for arrest. If not released, a warrant must be sought within 48 hours.
- Illegally obtained evidence is generally excluded.
Worked example
A Coast Guard officer sees a fisherman assault a crew member on a dock. The assault is in progress, so the fisherman is a 현행범인. The officer may arrest without a warrant, must inform him of the facts and rights, and must seek a detention warrant within 48 hours if custody continues. If the officer searches a locked cabin without consent or warrant, the seized item may be excluded.
Traps
Do not treat emergency arrest as available for any crime. Do not confuse the 48-hour arrest limit with the later detention period. Do not assume a voluntary statement is admissible without checking the suspect's rights.