The purpose of this study suggests systemic improvements to fully realize the right to formal trial claim of prisoners who have received a summary order, not to be misused or abused for other purposes expect for the right to a trial of prisoners. In this study, ‘the statistics related to prisoners appearance in other courts’ and ‘cases related to the formal trial claim of the prisoner’ are analyzed, in addition, ‘in-depth interview of 6 prisoners’ are used to understand the real situation.

This study findings can be summarized as follows:
First, the prisoners claiming formal trial have very high ratio of economic crimes such as fraud, embezzlement, theft, etc., and also high ratio of crimes of violence, the ratio of serious violent crimes such as murder and robbery is outstandingly low. They generally have more experiences of entering prison than average prisoners .
Second, in 134 prisoner cases sentenced penalty of formal trial, the penalty differences between summary order and formal trial are as follows: 46.7% (43 prisoners) showed no difference between the two, and about 53%, the rest of total, demonstrated decrease in penalty; 18.5% (17 prisoners), 26.1% (24 prisoners), and 8.7% (8 prisoners) of the formal trial cases have respectively decreased under KRW 500,000, KRW 500,000 to 2,000,000, and over KRW 2,010,000.
Third, the prisoners motives for claiming formal trial are mainly divided into two types, ① the motive to transfer to a different prison (1) to transfer to a desired prison, 2) to avoid being transfered to an undesired prison), and ② the motive for economic profit (1) to reduce the penalty of the summary order, 2) to delay the appointed date of payment of penalty).
Fourth, the following these are necessary to improve the formal trial claim system on summary order of the prisoners. First of all, active cooperation among the prisons, the prosecution, and the court is most effective in order to prevent the misuse or abuse of the right to a trial expect to realize the right to formal trial claim of prisoners. Second, most of the prisoners claiming formal trial have received the public notice on summary order. If the delivery system of the summary order improves, the number of claims of prisoners shall be highly decreased. Third, it is required to prevent the long distance movement for the appearance in other court of prisoners due to many abused cases for individual interest. Because the prisoners have to appear in the original court issued in the summary order even if they are subject to other prison area, many long distance movement of the prisoners claiming a formal trial leads to waste of correctional manpower and budget.