KNPU Cadet First-Stage Exam cheat sheet

Korean Criminal Act Article 10: an act by a person with impaired mental capacity due to mental disorder is punishable but the punishment may be mitigated; a person with no such capacity is not punishable.

Korean Criminal Act Article 9: acts by persons under 14 years of age are not punishable (absolute criminal incapacity); Article 10 addresses mental disorder, not age.

Article 13: intent requires awareness of the facts constituting the crime; negligence under Article 14 is punishable only where the law specifically provides for it.

Article 15: mistake of fact is not punishable when the error is essential to the elements of the crime; mistake of law generally does not excuse unless the error is on a legitimate ground.

Article 21 (self-defense): an act to defend against an imminent and unjust infringement of one's own or another's legal interest is not punishable when it is reasonable; excessive defense may be mitigated or, for fear-based excess, not punished.

Article 24 (necessity): an act unavoidable to avert imminent danger to one's own or another's legal interest is not punishable when the harm caused does not exceed the harm averted and the actor had no duty to bear the risk.

Article 27: an impossible attempt (act that cannot complete the crime due to mistake of means or object) is punishable but may be mitigated or exempted.

Article 30: two or more persons acting jointly to commit a crime are each punished as principal offenders (co-principal); Article 31 distinguishes instigation and Article 32 aiding.

Article 48: confiscation may be imposed for goods used or produced in the crime or obtained through it, only where not owned by a third party without fault; it is discretionary unless the statute makes it mandatory.

Korean Criminal Procedure Act Article 200: arrest requires a warrant from a judge, except in flagrante delicto and quasi-flagrante cases under Articles 211-212.

Article 211: a flagrant offender is one who is caught in the act or immediately pursued after the act; Article 212 permits arrest without warrant for certain serious offenses when there is urgency.

Article 201-2: a suspect arrested without warrant must be brought before a judge for pre-arrest interrogation (영장실질심사) within 48 hours; if not, the suspect must be released.

Article 214-2: after arrest, the prosecutor must apply for a detention warrant within 48 hours; the court must hold a detention hearing under Article 214-2 where the suspect requests it.

Article 243-2: the prosecutor may not institute prosecution without a request from the victim for offenses for which the victim's complaint is a condition of prosecution (친고죄).

Article 232: a complaint may be withdrawn before the first-instance judgment; once withdrawn, the case cannot be prosecuted again.

Article 312: hearsay statements may be admitted where the maker is unavailable and the statement was made under circumstances showing special reliability; the suspect's interrogation record requires the suspect's confirmation or special reliability.

Article 308-2: evidence obtained through illegal search or seizure may not be admitted where the illegality is substantial and admitting it would violate the right to a fair trial (fruit of the poisonous tree).

Article 420: retrial may be requested for newly discovered clear evidence or where the original judgment was based on forged or falsified evidence, or where a judge committed a crime in the case.

Korean Constitution Article 1: the Republic of Korea is a democratic republic; sovereignty belongs to the people and all state power derives from the people.

Article 10: human dignity and value and the right to pursue happiness are inviolable; the state has a duty to protect fundamental rights.

Article 37(2): fundamental rights may be restricted by law only when necessary for national security, public order, or public welfare, and may not infringe on the essential content of the right.

Article 11: equality before the law; discrimination on grounds of sex, religion, or social status is prohibited; special treatment for veterans and the disabled is permitted as an exception.

Article 12: no person may be arrested, detained, searched, or have property seized except by law; warrant requirement applies, and a suspect has the right to counsel and to be informed of the reason for arrest.

Article 12(5): a person arrested or detained has the right to request a court review of the legality of the arrest (habeas corpus); Article 12(6) guarantees compensation for unlawful arrest.

Article 21: freedom of speech and the press; censorship and prior permission are prohibited, but standards for press and broadcasting facilities may be prescribed by law.

Article 111: the Constitutional Court has jurisdiction over constitutionality of statutes, impeachment, dissolution of political parties, competence disputes, and constitutional complaints; a statute is unconstitutional when it violates the Constitution.

Article 113: a decision of unconstitutionality requires the concurrence of at least six justices of the nine-member Constitutional Court.

Korean Administrative Litigation Act Article 3: administrative litigation includes revocation litigation, nullity confirmation litigation, and litigation for confirmation of illegality of omission.

Article 4: a revocation litigation must be filed within 90 days from the date the plaintiff knew of the disposition; a separate 1-year limit runs from the date of the disposition.

Article 12: a plaintiff must have legal interest in seeking revocation; standing requires that the disposition directly affect the plaintiff's rights or legally protected interests.

Article 19: an administrative disposition is presumed valid; the burden of proving illegality is on the plaintiff, while the defendant must prove the facts underlying the disposition.

Article 23: the court may not rule on the merits if the plaintiff lacks standing; standing is a prerequisite for a lawful claim.

Article 27: a revocation judgment has retroactive effect; the disposition becomes void from the outset, but the court may limit the effect where necessary to protect third parties.

Article 28: a court may reject a claim for revocation where the disposition is unlawful but revocation would cause serious harm to public welfare; the court may declare the disposition unlawful without revoking it.

Administrative Procedure Act Article 23: a disposition must be made in writing and state the facts, legal basis, and reasons; failure to state reasons may render the disposition unlawful.

Administrative Procedure Act Article 21: a hearing or opportunity to submit opinions must be given before a disadvantageous disposition; failure to do so renders the disposition unlawful unless the defect is minor.

Korean Police Act Article 2: the police must protect the lives, bodies, and property of citizens and maintain public order, and must not abuse their authority or interfere with citizens' rights.

Article 3: police duties include crime prevention and suppression, traffic control, and protection of public safety; the police may not intervene in private disputes absent a legal basis.

Article 4: police must be politically neutral and may not engage in political activities or support any political party.

Article 7: police officers must not disclose confidential information obtained in the course of duty; Article 8 requires impartial and fair performance of duties.

Article 11: a police officer must not use force except where necessary and proportionate; excessive force constitutes a violation of duty and may lead to disciplinary action.

Police ethics code: police must obey the law, respect human rights, maintain integrity, and avoid conflicts of interest; gifts or favors from persons under investigation are prohibited.

Disciplinary action under the Police Act includes reprimand, suspension, pay reduction, demotion, and dismissal; the statute of limitations for disciplinary action is generally 3 years, or 5 years for serious misconduct.

Police reform: the 2020 Police Act amendment transferred investigative authority from the police to the prosecution for certain serious crimes and established the National Police Agency's investigative review system.

Article 10: mental disorder may mitigate or exempt punishment; Article 9: persons under 14 are not punishable.

Article 21: self-defense requires an imminent and unjust infringement and reasonableness; excessive defense may be mitigated.

Article 24: necessity requires unavoidable danger and harm not exceeding the harm averted.

Article 30: co-principals are jointly punishable; Article 31 instigation and Article 32 aiding are distinct.

Article 27: impossible attempt is punishable but may be mitigated or exempted.

Article 48: confiscation is discretionary unless the statute makes it mandatory.

Article 200: arrest requires a warrant except in flagrante delicto under Articles 211-212.

Article 201-2: an arrested suspect must be brought before a judge within 48 hours.

Article 214-2: the prosecutor must apply for a detention warrant within 48 hours of arrest.

Article 232: a complaint may be withdrawn before first-instance judgment; withdrawal bars re-prosecution.

Article 308-2: illegally obtained evidence may be excluded where the illegality is substantial.

Article 420: retrial may be requested for newly discovered clear evidence.

Article 1: sovereignty belongs to the people; all state power derives from the people.

Article 37(2): rights may be restricted by law only when necessary and may not infringe essential content.

Article 11: equality before the law; discrimination on grounds of sex, religion, or social status is prohibited.

Article 12: warrant requirement and right to counsel apply to arrest and detention.

Article 111: the Constitutional Court has jurisdiction over constitutionality, impeachment, and constitutional complaints.

Article 113: unconstitutionality requires at least six justices.

Article 4: revocation litigation must be filed within 90 days of knowledge and 1 year of the disposition.

Article 12: standing requires a direct effect on the plaintiff's rights or legally protected interests.

Article 19: the disposition is presumed valid; the plaintiff bears the burden of proving illegality.

Article 27: a revocation judgment has retroactive effect from the outset.

Article 28: the court may declare a disposition unlawful without revoking it where public welfare requires.

Administrative Procedure Act Article 23: a disposition must state facts, legal basis, and reasons in writing.

Police Act Article 2: police must protect citizens' lives and property and must not abuse authority.

Article 4: police must be politically neutral and may not engage in political activities.

Article 7: police must not disclose confidential information obtained in the course of duty.

Article 11: force must be necessary and proportionate; excessive force is a violation of duty.

Disciplinary action includes reprimand, suspension, pay reduction, demotion, and dismissal.

The 2020 Police Act amendment adjusted investigative authority between police and prosecution.