KNPU Cadet First-Stage Exam flashcards

34 cards. Read the term and the definition here. The deck at the top of this page is optional.

Criminal incapacity age

Under Korean Criminal Act Article 9, a person under 14 years of age is not punishable for any act, regardless of intent or mental capacity.

Mental disorder defense

Article 10 provides that a person with impaired mental capacity due to mental disorder is punishable but may be mitigated, while a person with no such capacity is not punishable.

Self-defense requirements

Article 21 requires an imminent and unjust infringement of one's own or another's legal interest and an act that is reasonable to defend against it; excessive defense may be mitigated.

Necessity defense

Article 24 excuses an unavoidable act to avert imminent danger when the harm caused does not exceed the harm averted and the actor had no duty to bear the risk.

Impossible attempt

Article 27 provides that an attempt that cannot complete the crime due to mistake of means or object is punishable but may be mitigated or exempted by the court.

Co-principal liability

Article 30 provides that two or more persons who jointly commit a crime are each punished as principal offenders, regardless of the extent of each person's contribution.

Confiscation rule

Article 48 permits confiscation of goods used or produced in the crime or obtained through it, but only where not owned by a third party without fault; it is discretionary unless mandatory by statute.

Arrest warrant rule

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

48-hour judge review

Article 201-2 requires that a suspect arrested without a warrant be brought before a judge for pre-arrest interrogation within 48 hours, failing which the suspect must be released.

Detention warrant deadline

Article 214-2 requires the prosecutor to apply for a detention warrant within 48 hours of arrest, and the court must hold a detention hearing where the suspect requests it.

Complaint withdrawal effect

Article 232 allows a complaint to be withdrawn before the first-instance judgment; once withdrawn, the case cannot be prosecuted again for the same offense.

Hearsay admissibility

Article 312 admits hearsay where the maker is unavailable and the statement was made under circumstances showing special reliability; a suspect's interrogation record requires confirmation or special reliability.

Exclusionary rule

Article 308-2 excludes evidence obtained through illegal search or seizure where the illegality is substantial and admitting it would violate the right to a fair trial.

Retrial grounds

Article 420 permits retrial where newly discovered clear evidence exists, where the original judgment relied on forged or falsified evidence, or where a judge committed a crime in the case.

Popular sovereignty

Constitution Article 1 declares the Republic of Korea a democratic republic in which sovereignty belongs to the people and all state power derives from the people.

Restriction of rights

Article 37(2) allows fundamental rights to be restricted by law only when necessary for national security, public order, or public welfare, and never to the point of infringing essential content.

Equality clause

Article 11 guarantees equality before the law and prohibits discrimination on grounds of sex, religion, or social status, while permitting special treatment for veterans and the disabled.

Arrest rights

Article 12 requires a warrant for arrest, detention, search, or seizure, guarantees the right to counsel, and requires that a suspect be informed of the reason for arrest.

Constitutional Court jurisdiction

Article 111 grants the Constitutional Court jurisdiction over constitutionality of statutes, impeachment, dissolution of political parties, competence disputes, and constitutional complaints.

Six-justice rule

Article 113 requires the concurrence of at least six of the nine Constitutional Court justices for a decision of unconstitutionality, impeachment, or party dissolution.

Administrative litigation types

Administrative Litigation Act Article 3 lists revocation litigation, nullity confirmation litigation, and litigation for confirmation of illegality of omission as forms of administrative litigation.

Filing period

Article 4 requires revocation litigation to be filed within 90 days from the date the plaintiff knew of the disposition and within 1 year from the date of the disposition.

Standing requirement

Article 12 requires a plaintiff to have a legal interest directly affected by the disposition, meaning the disposition must affect the plaintiff's rights or legally protected interests.

Presumption of validity

Article 19 presumes an administrative disposition valid; the plaintiff bears the burden of proving illegality, while the defendant must prove the facts underlying the disposition.

Retroactive revocation

Article 27 provides that a revocation judgment voids the disposition from the outset, though the court may limit the effect where necessary to protect third parties.

Public welfare exception

Article 28 allows a court to declare a disposition unlawful without revoking it where revocation would cause serious harm to public welfare and the plaintiff's claim is otherwise meritorious.

Reasoned disposition

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

Prior hearing rule

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

Police duty scope

Police Act Article 2 requires police to protect citizens' lives, bodies, and property and maintain public order, and prohibits abuse of authority or interference with citizens' rights.

Political neutrality

Police Act Article 4 requires police officers to remain politically neutral and prohibits them from engaging in political activities or supporting any political party.

Confidentiality duty

Police Act Article 7 prohibits police officers from disclosing confidential information obtained in the course of duty, and Article 8 requires impartial and fair performance of duties.

Proportionate force

Police Act Article 11 permits force only where necessary and proportionate; excessive force constitutes a violation of duty and may lead to disciplinary action.

Disciplinary sanctions

Police Act disciplinary measures include reprimand, suspension, pay reduction, demotion, and dismissal; the limitations period is generally 3 years, or 5 years for serious misconduct.

2020 Police Act reform

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