
Legal Q&A
Q
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I work at an elderly care facility, and I have heard that there is a high possibility of a fine being imposed at the first-instance trial for a violation of the Welfare of Senior Citizens Act. The fine itself is only at the level of a few million won, but I am told that if a criminal record from a fine remains, I will not be able to work at elderly welfare facilities and the like. This is what I have trained for, and I cannot switch to another occupation at this point, so I would like to conclude the matter, as far as possible, without a criminal record remaining.
Fine
Sentence of a fine
Criminal record
Criminal record from a fine
Answer
Published:
Author : DongIl PARK
If a sentence of a fine becomes final, it remains on your criminal record.
Strictly speaking, a criminal record is a matter that can be checked for life.
Under the Criminal Act, a fine is an amount of 50,000 won or more, and regardless of the amount, if you are sentenced to a fine, a criminal record remains.
If you received a punishment such as the death penalty, imprisonment, imprisonment without labor, loss of qualifications, or suspension of qualifications, it will be checked for life whenever your criminal record is searched.
The register of convicted persons listing those who received a sentence of suspension of qualifications or heavier is managed by the prosecutors' office and the military prosecutors' office, and the convicted-person record card is managed by the si, gu, eup, or myeon office of the convicted person's registered domicile.
However, in the following situations, it is recorded only as investigation history data with a retention period of 5 to 10 years.
Therefore, it may be deleted afterward.
1) A judicial police officer's decision of non-referral
2) A prosecutor's non-prosecution disposition
3) A court's final judgment of acquittal, exemption from punishment, or dismissal of prosecution (2 years after a suspension of sentencing)
4) A court's final decision to dismiss the prosecution
5) A decision of non-disposition or a decision not to commence a hearing by the juvenile division of a family court or the like
If a criminal record remains, it causes inconvenience in daily life, such as disqualification from appointment as a public official, the inability to work at kindergartens, security companies, or elderly care facilities, or disadvantages regarding overseas travel, so we recommend obtaining, as far as possible, the police's decision of non-referral and the prosecutor's non-prosecution disposition.

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DongIl PARK
T. 070-5221-3616
Attorney Qualified as a Foreign Legal Consultant in Singapore · International Litigation/School Violence/Evidence Investigation Law Attorney

HyeonSu KIM
T. 070-7510-2018
Officer at Seongseo Police Station, Daegu Metropolitan Police Agency Experience as an Investigation Officer at the Seoul Metropolitan Government Audit Commission
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