Criminal Compensation Act Article 2

(Scope of criminal compensation (2))In cases that are accepted in accordance with the preceding article, the victim may also seek state compensation pursuant to the Act under any of the following circumstances:1. A person who has been in detention, detained for expert examination or accommodated before the ruling of " not to prosecute " is rendered other than the reason that the act is not punishable or the suspicion of an offense having been committed is insufficient, or withdrawal of a prosecution, and if there is sufficient evidence proving that if there is no such cause and thus such an act shall not be punishable or the suspicion of an offense having been committed is insufficient. 2. A person who has been in detention, detained for expert examination or accommodated before the judgment of "exempt from the prosecution" or "case not entertained" is rendered and becomes final, and if there is sufficient evidence proving that if there is no such cause of "exempt from prosecution" or "case not entertained" then a judgment of not guilty will be rendered.3. A person who has been in detention, detained for expert examination or accommodated, the execution of the punishment for an offense or execution of correction which puts restrictions on personal freedom before the judgment of "exempt from prosecution" or "case not entertained" is rendered and becomes final under the proceeding of the retrial or extraordinary appeal, and if there is sufficient evidence proving that if there is no such cause of "exempt from prosecution" judgment or cause of "case not entertained" then the judgment of not guilty will be rendered.4. A person who has been in detention, detained for expert examination or accommodated before the "prosecution being initiated again for the same case" or the ruling of "not to prosecute" due to the judgment having been rendered and having become final, "exempt from prosecution" or the judgment of "case not entertained" being rendered and having become final, and the same case has been rendered the judgment of guilty and becomes final.5. A person who has been in detention, detained for expert examination or accommodated, punished by sentences, the execution of the punishment for an offense or execution of correction which puts restrictions on personal freedom due to the "prosecution being initiated again for the same case" or "having been rendered a judgement which became final"before a judgment of "exempt from prosecution" or judgment of "case not entertained" being rendered and having become final under the proceeding of the retrial or extraordinary appeal, and the same case has been rendered a judgment of guilty and becomes final. 6. A person who has been detained for expert examination or accommodated before the ruling of "not to hear the case" or "no reasons for protective measures" is rendered and becomes final due to death or the cause under Paragraph 1, Article 19 of the Criminal Code, and if there is sufficient evidence proving that if there is no such cause, then there shall be no reason for protective measures.