"In criminal cases, mitigation education and submitting a certificate of completion are now a must, not a choice."
This is a promotional phrase used on a site that offers so-called "recidivism prevention lectures." Recently, defendants indicted in criminal cases have been paying to take these online lectures and then submitting certificates to the court along with letters of remorse, saying they "completed recidivism prevention education."
Each site promotes them by saying they "are reflected in sentencing." But sitting judges noted, "Submitting these documents does not help with sentencing, and not having them does not hurt," adding, "What matters more is reaching a settlement with the victim and making restitution."
◇ Opinion letters from psychological counselors and even attorneys issued
According to legal sources, as of the 12th, companies offering recidivism prevention education linked with law firms or psychological counseling centers have sprung up rapidly. These companies issue various certificates of completion and evaluation reports, saying they can be submitted to investigative agencies or courts as sentencing materials if one takes the so-called "recidivism prevention education" online. They claim these documents "can have a positive impact on the court's sentencing decision."
One company sells education products tailored to crime types, including drunk driving, violence, drugs, sex crimes, property crimes, and obstruction of official duties. The products are divided into four price tiers: 65,000 won, 120,000 won, 199,000 won, and 350,000 won. The higher the price, the more types of certificates and documents are provided.
The cheapest basic course consists of only two lectures: recidivism prevention education and cognitive behavior improvement training. The so-called "all-in-one set," priced at 350,000 won, provides 28 types of materials, including a petition stamped with the company seal, customized ghostwritten remorse letter materials, and a recidivism prevention action plan.
Some companies advertise that they are run directly by a representative attorney of a law firm. This company promotes that it provides not only certificates of course completion but also opinion letters written by an attorney and a professional psychological counselor. The company explains that "submitting the course completion certificate and expert opinion together can show the court that the defendant is remorseful and making efforts to prevent reoffending, which can work favorably in sentencing."
◇ After taking the lectures firsthand... nine certificates issued in five minutes with fast-forwarding
On the 9th, this reporter purchased and took the so-called "basic sex crime prevention set," priced at 100,000 won, from one company.
The core course, sex crime recidivism prevention education, was 16 minutes and 55 seconds long. It did not feature an attorney or an expert in the field appearing directly to explain. It was a video with captions and narration added to illustrated screens. Some expressions in the lecture were unclear in meaning. For example, "They may hide expressions of refusal, wrap them in a smile, and be placed in a situation where they have no choice but to endure the pain."
After finishing the core course, one could take cognitive behavior improvement training (7 minutes and 44 seconds) and law-abiding awareness education (9 minutes and 16 seconds). The three lectures totaled 33 minutes and 55 seconds. However, by quickly skipping through the playback sections, all lectures were marked as completed in less than five minutes.
After completing all the lectures, various completion and evaluation documents could be downloaded immediately. The documents this reporter received totaled nine, including a certificate of completion for sex crime recidivism prevention education, a certificate of completion for cognitive behavior improvement training, a certificate of law-abiding awareness education, and a recidivism risk management evaluation report. Documents said to be eligible for court submission were issued all at once just by skimming through the videos for a few minutes.
It was not possible to take the lectures multiple times. After the certificates were issued, all lectures disappeared. In effect, "review" was impossible.
According to this company, by paying an additional expense, one can also receive an opinion letter written by a professional psychological counselor and submit it to the court. When this reporter directly asked the company, "Could the comprehensive opinion in the psychological counseling report come out unfavorably?" a counseling staffer answered, "The opinion letter is prepared to allow only positive points."
◇ "Settlement with the victim is more important... it could even backfire"
It is true that "sincere remorse" is one of the sentencing factors. According to the "2026 sentencing guidelines," sincere remorse is considered a favorable factor, and "no remorse," which means showing no regret or guilt when considering a suspended sentence, is considered an unfavorable factor.
There have been cases where completion of recidivism prevention education was considered one of the favorable sentencing elements for a defendant. In Jan. 2023, the Busan District Court, Dongbu Branch, in a case charging a defendant with forcible molestation of a child, took into account as favorable circumstances that the person "was a first-time offender, was remorseful about the crime, and voluntarily completed sex crime prevention education to prevent reoffending," and sentenced the person to two years and six months in prison, suspended for three years.
Companies also promote this point. A company representative said, "There are users who thanked us in their reviews, saying they received suspended sentences after using our services."
But sitting judges said it is hard to conclude there was an actual mitigation effect solely because the judgment mentioned course completion.
A judge with extensive experience in criminal cases said, "Courts determine sentences by comprehensively considering various circumstances such as the circumstances of the crime, the degree of harm, whether there is a prior record, and whether there is remorse," adding, "Course completion is merely mentioned as one favorable circumstance among many, and it is hard to see it as having lowered the sentence on its own."
A Director General judge at the Seoul area district court also said, "In sentencing, a settlement with the victim is far more important," adding, "If you submit only these materials without efforts to make restitution, it could even backfire." Another judge said, "Submitting a certificate of completion for a recidivism prevention lecture does not help with sentencing, and not having it does not hurt."