Principle to the effect that “one shall not be punished twice for the same event” adopted to criminal penalties and administrative penalties

Subsequent to the Grand Justice’s interpretation of the protection of human rights with regard to police’s duty to perform provisional inspection, the Ministry of Justice (“MOJ”) also made a crucial resolution to protect people’s legal benefits while enacting the draft of the Administrative Penalty Act.  That is, the principle to the effect that “one shall not be punished twice for the same event” should be adopted if an act violates the Criminal Law and the Administrative Law concerning obligations simultaneously.  This is the first time that the judicial administrative organization of this country gave an important legal opinion on the issue about conflict of laws that stride over different domains of legal interest (criminal penalties and administrative penalties).

After it decided that the aforementioned principle should reach different domains of legal interest, the MOJ made Article 25 of the draft of the Administrative Law. Paragraph 1 of this article provides that “If a person’s act violates the Criminal Law and the Administrative Law concerning obligations simultaneously, the person shall be punished in accordance with the Criminal Law.  However, if the person’s act should be imposed on other types of administrative penalties or the goods which may be confiscated are not pronounced confiscated by the court, an administrative decision may also be rendered at this point.”  Paragraph 2 of this article provides that “If the person is not sentenced to criminal penalties for the act specified in the preceding paragraph, an administrative decision may be rendered on the person in accordance with the provisions of the Administrative Law concerning obligations violated by the person.