Administrative Penalty Act Article 26

If one and single act constitutes simultaneously a criminal offense or offenses as well as a breach of duty under administrative law, it shall be punishable under the criminal law. However, an administrative penalty may be additionally imposed in the case that the act is punishable by any other types of administrative penalty or that no forfeiture is pronounced by the court over the things that may be forfeited because of the act.In the case of an act described in the preceding paragraph over which a final decision of non-prosecution or deferred prosecution is made, or over which a final judgment of acquittal, exemption from prosecution, lack of jurisdiction, not to be put on trial, not placed under protective measures, exemption from punishment or reprieve from punishment is pronounced, penalty may be imposed under the provisions with respect to breach of duty under administrative law.Where the act described in paragraph 1 over which a final decision of deferred prosecution or a judgment of reprieve from punishment is pronounced with an order to pay a specific sum of money or to provide labor to specified public interest groups, local autonomous bodies, governmental agencies, governmental agencies, administrative legal persons, communities or other institutions or groups serving public interests, the money paid or labor provided by the party subject to the act described in paragraph 1 shall be deducted from the fine imposed under the provision set forth in the preceding paragraph.The amount of labor described in the preceding paragraph to be deducted from the fine imposed shall be calculated under the basic wage per hour multiplied by the labor hour(s) obliged by the initial penalty imposed.Under one of the following circumstances, the penalty imposed under paragraph 2 shall be annulled by the competent authority upon the application of the party punished or in its discretion and the fine paid returned with no interested accrued:a. Where the penalty had been imposed upon a final decision of deferred prosecution and that decision of deferred prosecution was subsequently annulled and, in its place, a guilty judgment was made and the conviction was not conditioned by an exemption or reprieve from punishment.b. Where the penalty had been imposed upon a final decision of reprieve from punishment and that decision of reprieve from punishment was subsequently revoked by a final decision of a court.