Duties, obligations and rules of community service


Commuted punishment to community service is still a kind of punishment. When a community service undertaker applies for commuting the punishment to community service, he/she is also required to undertake the corresponding obligations and the disbenefit of community service, for example, physical labor, time commitment, change of life arrangement…, etc. Execution of community service requires the cooperation and mutual coordination of the three parties of the Prosecutors Office, community service execution institution and community service undertaker. Community service undertakers opting for commutation to community service are also required to take responsibility for their own choice.


Notes and rules on performance of community service
1. For performance of community service, the performer should report to the specified execution institution at the date and location specified by the probation officer.


2. When performing community service, the performer should obey the order of the execution officer, and complete the specified hours of service within the performance period. Failure to perform the community service involving a serious case of violation without a proper reason, or failure to complete the specified hours of community service by the end of the performance period may lead to annulment of the community service order in accordance with the law. The originally sentenced imprisonment, detention or penal servitude shall be executed except when the fine in a case involving a fine is paid in full one-off or an application is accepted for commuting punishment to a fine and the fine is paid in full one-off.


3. Any one of the following situations is considered “failure to perform community service without a proper reason” involving a serious case of violation, and thus the community service order may be annulled:
◎Failure to report duty upon three notices or above by the probation officer or execution institution.
◎ A service performer designated to work at a place who is late or leaves early (considered failure to perform) for three times or more. If the performer asks for leave with a proper reason and supporting document, which is approved by the prosecution authority and execution institution, this rule does not apply.
◎A service performer designated to work at a place who refuses to accept the allocated work, or fails to finish the specified work because of laziness in three instances or more.
◎ A service performer designated to work at a place who arrives at the workplace with a smell of drunkenness and refuses to make rectification after being advised, or whose improper behavior affects the progress of work or management of the institution in three instances or more.
◎ A service performer designated to work at a place who is involved in verbal humiliation, harassment, provocation or physical violence against the institution, execution officer or other laborers.
◎A service performer designated to work at a place who is found to be an imposter or has tampered with the working hours.
◎ Those who express the unwillingness to perform the labor explicitly.


4. During the period of performing community service, all relevant expenses such as transportation, meals, and insurance premium other than safety and accident insurance shall be borne by the community service undertaker himself/herself. In case he/she has caused harm to the execution institution, he/she shall be held responsible for compensation for the loss.


5. When performing community service, the community service undertaker is prohibited to bring along another person, or perform the community service with companion.


6. During the period of performing community service, the execution institution cannot be changed without the prosecution authority’s permission.


7. In the event that a community service undertaker fails to complete the “Basic Information Form for Applicant of Commutation to Community Service” honestly or fails to submit a health examination report leading to difficulty in judging the existence of conditions where “the execution of community service is manifestly difficult because of health reasons”, and subsequently suffers physical or mental harm due to the performance of community service, he/she shall be held responsible for his/her own harm.