When different kinds of penalties are determined as one penalty, the penalty which imposes the
heavier sanction is imposed and every 2 days of short-term labour is calculated as 1 day of
limited term of reform through labour.
Article 47 (Determination of Penalty for Crimes Committed before the End of a Penalty
and Hidden Crimes)
If a person who has been found guilty of a crime commits another crime after the finding of guilt
is finalised and before the end of the penalty imposed, or if a hidden crime comes to light, the
penalty according to that crime shall be determined and added to the remaining term of penalty.
Article 48 (Interpretation of “more than” and “less than”)
“More than” and “less than” referring to periods of penalties include the number concerned. The
period of penalty can be determined not just by years but also by months according to the degree
of dangerousness.
Article 49 (Calculation of Period of Penalty Execution)
The period of penalty execution shall be from the day the judgment is handed down to the day
the period of penalty ends. The period the criminal is detained will be included in the calculation
of the period of penalty execution according to Articles 30 and 31 of this law.
Article 50 (Conditions for Imposing Social Education Procedures)
Social education procedures may be imposed if it is recognised that a person who has committed
an ordinary crime can be corrected using social education methods, according to his or her
degree of rehabilitation and the degree of dangerousness of the crime.
Article 51 (Legal Effect of Social Education Procedures)
Criminal liability shall not be imposed for a crime for which a person has received social
education procedures if the person has not committed a new crime within the time fixed by the
law. However, if a person who has received social education procedures commits a new crime or
a hidden crime is revealed, a penalty shall be determined in relation to the crime for which he or
she received social education procedures and the whole or part of that penalty shall be added to
the penalty determined for the newly committed crime or the hidden crime.
Article 52 (Conditions for and Period of Suspension of Execution of Penalty)
If it is recognised in relation to a person who has received a term of reform through labour under
3 years that there is no need to execute the term of reform through labour by sending him or her
to a kyohwaso due to his or her degree of rehabilitation and the degree of dangerousness of the
crime a judgment may be handed down to suspend the execution of that penalty for between 3
years and 5 years.