The Supreme Court of Korea has ruled that even if a fine is paid due to an error by investigative agencies applying the wrong law, the individual cannot be criminally charged again for the same act. This upholds the principle of prohibition of double jeopardy, meaning once a fine for a certain offense is paid, the matter is considered settled, and no additional criminal charges can be pursued for the same incident.
In this case, individual A was fined after refusing to submit to a breathalyzer test. It was later discovered by the police that the vehicle involved was misclassified and the fine, therefore, was based on mistaken application of the relevant law. However, after A paid the fine, the incident was deemed concluded, and A cannot face further prosecution for the refusal to comply with the breathalyzer test.
Both the first and second trial courts ruled in favor of A, affirming that the payment of the fine had the effect of a final judgment, thus preventing any double jeopardy. The prosecutor appealed this decision, arguing that no legitimate sanction arises from fines paid due to erroneous legal application. Nonetheless, the Supreme Court upheld the lower courts’ decisions, stating there was no error in the courts’ understanding of the principle of res judicata or in the application of the law regarding the effect of a paid fine.