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ACT ON PROBATION, ETC.

Wholly Amended by Act No. 5178, Dec. 12, 1996

Amended by Act No. 5453, Dec. 13, 1997

Act No. 7078, Jan. 20, 2004

Act No. 7796, Dec. 29, 2005

Act No. 8722, Dec. 21, 2007

Act No. 8723, Dec. 21, 2007

Act No. 8728, Dec. 21, 2007

Act No. 9168, Dec. 26, 2008

Act No. 9748, May 28, 2009

Act No. 10220, Mar. 31, 2010

Act No. 12590, May 20, 2014

Act No. 12888, Dec. 30, 2014

Act No. 13712, Jan. 6, 2016

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to instruct, take care of and assist criminal offenders deemed to require systematic treatment in society, such as probation, community service, undergoing education, and rehabilitation, for the prevention of recidivism, thereby promoting their sound rehabilitation to the society, and promote the welfare of individuals and the public and protect the society by carrying out efficient activities to prevent crimes.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 2 (Cooperation from Nationals)
(1) All nationals shall cooperate to achieve the purposes under Article 1, according to their status and capabilities.
(2) The State and local governments shall have a responsibility to promote projects to protect and guide criminal offenders for their sound rehabilitation to the society.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 3 (Persons Subject to Probation)
(1) A person subject to probation (hereinafter referred to as "person subject to probation") shall be as follows:
1. A person under a suspended sentence on condition of probation under Article 59-2 of the Criminal Act;
2. A person under a suspended execution on condition of probation under Article 62-2 of the Criminal Act;
3. A person released on parole or provisionally released on condition of probation under Article 73-2 of the Criminal Act or Article 25 of this Act;
4. A person subject to a protective disposition under Article 32 (1) 4 and 5 of the Juvenile Act;
5. A person prescribed to be put on probation under this Act by other Acts.
(2) A person obliged to provide community service or undergo education (hereinafter referred to as "person obliged to provide community service or undergo education") shall be as follows:
1. A person under a suspended execution on condition of providing community service or undergoing education under Article 62-2 of the Criminal Act;
2. A person ordered to provide community service or undergo education under Article 32 of the Juvenile Act;
3. A person prescribed by other Acts to provide community service or undergo education under this Act.
(3) A person on whom criminal punishment or a protective order is imposed, who is deemed in need of protection, such as providing room and board for rehabilitation through self-reliance, housing support, business start-up assistance, vocational training, or support for employment, shall be a person eligible for rehabilitation (hereinafter referred to as "person eligible for rehabilitation"). <Amended by Act No. 12590, May 20, 2014>
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 4 (Operative Standards)
Probation, community service, undergoing education or rehabilitation shall be offered within a necessary and appropriate scope for the education and betterment of the relevant subjects or the prevention of crimes, and it shall be offered in the most appropriate manner, by considering their age, experiences, physical and mental conditions, home surroundings, friendships, and other circumstances.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
CHAPTER II PROBATION AGENCY
Section 1 Probation Review Commissions
 Article 5 (Establishment)
(1) There shall be established Probation Review Commissions (hereinafter referred to as "Review Commission") under the jurisdiction of the Minister of Justice, so as to review and decide on matters concerning probation.
(2) Review Commissions shall be established in areas prescribed by Presidential Decree, such as areas in which High Public Prosecutor's Offices are located.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 6 (Jurisdictional Duties)
Each Review Commission shall review and decide on the following matters under this Act:
1. Matters concerning parole and the revocation thereof;
2. Matters concerning provisional release, the revocation thereof and the release of protected juveniles (hereinafter referred to as "release") under Article 43 (3) of the Act on the Treatment of Protected Juveniles, etc.;
3. Matters concerning the provisional removal of probation and the revocation thereof;
4. Matters concerning the suspension of probation and the revocation thereof;
5. Matters concerning the termination of the indeterminate sentence of persons on parole;
6. Matters prescribed by this Act or other statutes, as jurisdictional duties of a Review Commission;
7. Matters concerning subparagraphs 1 through 6, that a Chairperson tables at a meeting for review.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 7 (Organizational Structure)
(1) Each Review Commission shall be comprised of at least five, but not more than nine members, including a Chairperson.
(2) Each Chairperson of a Review Commission shall be appointed by the Minister of Justice, from among the chief public prosecutor or prosecutors of a High Public Prosecutor's Office.
(3) Members of a Review Commission shall be appointed or commissioned by the Minister of Justice, from among judges, prosecutors, attorneys-at-law, the head of a probation office, the head of a local correctional office, the head of a correctional institution, the head of a juvenile correctional institute and persons with considerable knowledge and experience in probation.
(4) Not more than three standing members shall be appointed, from among members of the Review Commission.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 8 (Terms of Members)
The term of office of a member shall be two years; such term may be renewed consecutively: Provided, That the term of office of a non-standing member, who is a public official, shall be the period during which he/she holds his/her official position.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 9 (Dismissal of Members)
When members fall under any of the following subparagraphs, they may be dismissed:
1. When deemed impossible or practically difficult for them to perform their duties due to mental disability;
2. When deemed inappropriate for them to perform their duties as members due to the delinquency of duties, injury to dignity or other grounds.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 10 (Status, etc. of Members)
(1) Standing members shall be selected from among public officials in general service who are members of the Senior Civil Service or Grade IV public officials appointed as public officials in a fixed term position under Article 26-5 of the State Public Officials Act. <Amended by Act No. 12189, Jan. 7, 2014>
(2) Members, other than standing members, shall hold an honorary position: Provided, That they may be given travelling expenses or other allowances, as prescribed by Ordinance of the Ministry of Justice, within budgetary limits.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 11 (Review)
(1) Each Review Commission shall review the matters referred to in Article 6, based upon review materials.
(2) A Review Commission may summon persons subject to probation or other related persons to crossexamine them or order standing members or probation officers to investigate necessary matters, when deemed necessary for review.
(3) A Review Commission may request the State, public institutions or other organizations to undertake fact-finding activities or submit related materials, when deemed necessary for review.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 12 (Resolution and Decision)
(1) Meetings of a Review Commission shall be convened with the attendance of a majority of all incumbent members and the resolution of a meeting shall require the consent of a majority of those present.
(2) Notwithstanding paragraph (1), in extenuating circumstances prescribed by Presidential Decree, such as where a Review Commission has insufficient time to hold a meeting, a resolution may be passed in writing. In such cases, resolutionsshall be passed with concurrent vote of a majority of all incumbent members.
(3) No matters discussed at a meeting of a Review Commission, shall be disclosed.
(4) Each Review Commission shall issue a written decision in which the grounds are specified and to which members who have participated in review, state their names and affix their signatures or seals.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 12-2 (Persons Deemed to be Public Officials for Purposes of Penalty Provisions)
For the purposes of Articles 127 and 129 through 132 of the Criminal Act, non-public official members of a Review Commission shall be deemed to be public officials.
[This Article Newly Inserted by Act No. 13712, Jan. 6, 2016]
 Article 13 (Name, Jurisdictional Area, Operation, etc.)
Matters necessary for the operation of a Review Commission, such as name; jurisdictional area; scope of duties; and appointment or dismissal of members, shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
Section 2 Probation Office
 Article 14 (Establishment of Probation Office)
(1) A probation office shall be established under the control of the Minister of Justice, so as to take charge of probation, community service, undergoing education or rehabilitation.
(2) The branch of a probation office may be established in a district under its jurisdiction, so as to perform part of the duties of a probation office.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 15 (Jurisdictional Duties of Probation Office)
A probation office (including the branch of a probation office; hereinafter the same shall apply) shall exercise general control over the following duties:
1. Probation or the execution of an order to provide community service or undergo education;
2. Rehabilitation;
3. Duties of guidance entrusted by prosecutors who have suspended prosecution on condition that probation officers offer guidance;
4. Education and training, and work guidance, of volunteer members for crime prevention under Article 18;
5. Activities to prevent crimes;
6. Matters prescribed as duties under the jurisdiction of a probation office by this Act or other Acts and subordinate statutes.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 16 (Probation Officers)
(1) A probation office shall have probation officers to perform duties under the subparagraphs of Article 15.
(2) Probation officers shall have knowledge of criminal policy, penology, criminology, social work, pedagogy, psychology or other specialized knowledge necessary for probation.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 17 (Titles of Probation Offices)
The title, jurisdictional district, organization of a probation office, the fixed number of probation officers and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 18 (Volunteers for Crime Prevention)
(1) A probation office may have volunteers for crime prevention (hereinafter referred to as "volunteers for crime prevention") to conduct activities to prevent crimes and support probation and rehabilitation.
(2) The Minister of Justice shall appoint volunteers for crime prevention, as prescribed by Ordinance of the Ministry of Justice.
(3) The honor of volunteers for crime prevention and their activities under this Act shall be respected.
(4) Volunteers for crime prevention shall hold an honorary position and they may be given the whole or part of expenses incurred in performing their duties, within budgetary limits.
(5) Appointment or dismissal of volunteers for crime prevention, the fixed number of volunteers for crime prevention, details of their duties, their organization, payment of expenses and other necessary matters shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
CHAPTER III PROBATION
SECTION 1 Investigation Conducted before Judgement
 Article 19 (Investigation Conducted before Ruling)
(1) The court may request the head of a probation office having the jurisdiction over the location of the court or the domicile of defendants to investigate matters concerning defendants, including crime motives, occupations, living environment, friendships, family backgrounds and whether they have recovered from damage, when deemed necessary for ordering defendants to be put on probation, provide community service, or undergo education under Articles 59-2 and 62-2 of the Criminal Act.
(2) The head of a probation office upon receipt of a request under paragraph (1), shall conduct an investigation, without delay, and notify the competent court of such fact in writing. In such cases, he/she may summon defendants or other related persons to crossexamine them or order probation officers under his/her control to investigate necessary matters, when deemed necessary.
(3) The court may request the head of a probation office upon receipt of a request under paragraph (1) to report the progress of the investigation.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 19-2 (Investigations Conducted before Determination)
(1) The court may request the head of a probation office having the jurisdiction over the court or the domicile of juveniles to investigate matters concerning such juveniles, including their behaviors, experiences, home environment or other circumstances, when deemed necessary for the investigation or examination of juvenile protection cases under Article 12 of the Juvenile Act.
(2) Upon receipt of a request under paragraph (1), the head of a probation office shall conduct an investigation, without delay, and notify the competent court of such fact in writing, and may summon juveniles or other related persons to cross-examine them or order subordinate probation officers to investigate necessary matters, when necessary for an investigation.
[This Article Newly Inserted by Act No. 9168, Dec. 26, 2008]
SECTION 2 Suspension of Sentence, Suspension of Execution and Probation
 Article 20 (Notification, etc. of Ruling)
(1) The court shall send certified copies of written ruling and documents in which matters to be observed are stated, to the head of a probation office having the jurisdiction over the domicile of defendants, within three days after a ruling ordering probation is issued under Articles 59-2 or 62-2 of the Criminal Act.
(2) In cases under paragraph (1), the court may attach opinions or additional materials for reference.
(3) The court may request the head of a probation office upon receipt of a notification under paragraph (1), to report the progress of probation.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
SECTION 3 Parole and Provisional Release
 Article 21 (Statutory Notice by Prison Heads)
(1) When a period specified in Article 65 of the Juvenile Act elapses for juveniles punished by imprisonment or imprisonment without labor, (hereinafter referred to as "juvenile inmates"), the head of a prison, detention center or juvenile prison shall notify a Review Commission having jurisdiction over the location of the relevant prison, detention center or juvenile prison of such fact.
(2) When six months elapse after protected juveniles are imprisoned, the head of a juvenile correctional institute shall notify a Review Commission having jurisdiction over the location of the juvenile correctional institute of such fact.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 22 (Requests for Parole, Release and Provisional Release)
(1) The head of a prison, detention center, juvenile prison or juvenile correctional institute (hereinafter referred to as "correctional institution"), may request the competent Review Commission to review the parole, release or provisional release of juvenile inmates or protected juveniles in prison, for whom a period specified in Article 65 of the Juvenile Act elapses, as prescribed by Ordinance of the Ministry of Justice.
(2) When the head of a correctional institution files a request under paragraph (1), he/she shall consider the findings of background investigations or the outcomes of environment improvement programs notified under Article 26 or 27.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 23 (Review and Determination of Parole, Release and Provisional Release)
(1) Upon receipt of requests under Article 22 (1), a Review Commission shall review whether the parole of juvenile inmates, or the release or provisional release of protected juveniles is appropriate, and make a decision thereon.
(2) Even though no request is made under Article 22 (1), a Review Commission may, upon acting ex officio, review whether the parole, release or provisional release of persons notified under Article 21 is appropriate, and make a decision thereon.
(3) When a Review Commission review whether the parole of a juvenile inmate is appropriate under paragraphs (1) and (2), it shall make a decision based on necessity of probation.
(4) When a Review Commission conducts a review or makes a decision under paragraphs (1) through (3), it shall consider all circumstances, such as the character of juvenile inmates, results of their correction, occupations, their attitude toward life, family relationship and the chances of recommitting crimes.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 24 (Review and Determination on Probation of Adult Inmates)
(1) Each Review Commission shall review whether probation is necessary for parolees under Article 122 of the Administration and Treatment of Correctional Institution Inmates Act, and make a decision thereon.
(2) When a Review Commission reviews probation under paragraph (1), it shall consider the outcomes of probation investigation referred to in Article 28.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 25 (Permission from Minister of Justice)
When a Review Commission decides that the parole of juvenile inmates, or the release or provisional release of protected juveniles is appropriate in the course of review referred to in Article 23, and that probation is unnecessary in the course of review referred to in Article 24, it shall submit a written decision accompanied by related documents to the Minister of Justice, to obtain permission for such decision; and when the decision by a Review Commission is deemed reasonable, the Minister of Justice may grant permission for such decision.
[This Article Wholly Amended by Act No. 9168, Dec. 26, 2008]
SECTION 4 Background Investigations and Environment Improvement Programs
 Article 26 (Background Investigations)
(1) Where a correctional institution, hospital, or facility for medical protection of juveniles under the Act on the Treatment of Protected Juveniles, etc., accommodates a juvenile inmate or a person sentenced by any of the protective dispositions under Article 32 (1) 7, 9 and 10 of the Juvenile Act (hereinafter referred to as "potential juvenile inmates"), the head of such institution, etc. shall, without delay, send a background checklist to the head of a probation office having jurisdiction over the place in which the person is expected to reside and request him/her to conduct a background investigation. <Amended by Act No. 12888, Dec. 30, 2014>
(2) Upon receipt of a request to conduct a background investigation under paragraph (1), the head of a probation office shall investigate motives for crimes or misdeeds of potential juvenile inmates, their previous occupations, living environment, friends, family backgrounds, whether they have recovered from harm, how they make a living, and other matters, and notify the head of a correctional institution of the findings thereof. In such cases, he/she may interview potential juvenile inmates, summon related persons to question them, or order probation officers under his/her jurisdiction to investigate necessary matters, when deemed necessary.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 27 (Environment Improvement Programs)
(1) The head of a probation office may improve the environment of inmates by receiving their consent or obtaining cooperation from their family members or related persons, when deemed necessary to promote the sound reentry of inmates to society in the course of a background investigation referred to in Article 26.
(2) The head of a probation office may request the head of a correctional institution to provide cooperation, such as interviewing inmates, when deemed necessary to implement environment improvement programs referred to in paragraph (1).
(3) The head of a probation office shall notify the head of a correctional institution and a Review Commission having jurisdiction over the location of a correctional institution of the outcomes of environment improvement programs referred to in paragraph (1).
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 28 (Investigations for Probation of Adult Inmates)
(1) Where the head of a prison, detention center or juvenile prison requests a Parole Review Committee to review whether the adults, who have been sentenced to imprisonment, imprisonment without prison labor or heavier punishment (hereinafter referred to as "adult inmates"), are eligible for parole under Article 121 of the Administration and Treatment of Correctional Institution Inmates Act, he/she shall send the lists of persons subject to review of eligibility for parole and a written investigation into their personal matters, to a Review Commission having jurisdiction over the location of the relevant prison, detention center or juvenile prison, when making such request.
(2) Where a Review Commission receives the lists of persons subject to review of eligibility for parole and a written investigation into their personal matters from the head of a prison, detention center or juvenile prison, it may interview the relevant adult inmates to directly investigate the matters referred to in Article 26 (2), the risk of recidivism of adult inmates after release and the adaptability to society (hereinafter referred to as "investigation for probation"); or request the head of a probation office having the jurisdiction over the location of a prison, detention center or juvenile prison or a place, in which the relevant adult inmates, etc. are expected to reside, to conduct an investigation for probation by sending relevant materials to him/her.
(3) The head of a probation office in receipt of a request to conduct an investigation for probation referred to in paragraph (2), shall conduct such investigation, without delay, and notify the Review Commission of the outcomes thereof.
(4) Where a Review Commission or the head of a probation office requests the head of a prison, detention center or juvenile prison to provide necessary cooperation, such as interviewing adult inmates, for investigation for probation, the head of the prison, detention center or juvenile prison shall comply with such request.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
SECTION 5 Probation
 Article 29 (Commencement and Reports of Probation)
(1) Probation shall commence when the ruling or decision of the court is finalized or inmates are paroled or provisionally released.
(2) Persons subject to probation shall report their residence, occupations, life plans and other necessary matters to the head of the competent probation office, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 30 (Period of Probation)
Each person subject to probation shall be put on probation for any of the following periods:
1. A person who has been issued a suspended sentence of imprisonment on condition of probation: One year;
2. A person who has been issued a suspended execution of imprisonment on condition of probation: A period of the suspended execution: Provided, That when the court separately determines a period of probation, such period;
3. A parolee: A period provided for in Article 73-2 of the Criminal Act or Article 66 of the Juvenile Act;
4. A provisionally-released person: A period prescribed by a Review Commission, within at least six months but not more than two years from the date of provisional release;
5. A person subject to a protective disposition under Article 32 (1) 4 and 5 of the Juvenile Act: A period prescribed by the Juvenile Act;
6. A person on probation prescribed by this Act under any other Act: A period prescribed by the relevant Act.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 31 (Persons in Charge of Probation)
Probation officers belonging to a probation office having the jurisdiction over the location of persons subject to probation shall take charge of probation.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 32 (Matters to be Observed by Persons on Probation)
(1) Persons on probation shall observe orders under the guidance and surveillance of probation officers and endeavor to become normal members of society on their own.
(2) Persons on probation shall observe the following matters:
1. They shall live in a residential area and have an occupation;
2. They shall quit bad habits leading to crimes and perform good deeds; and shall not acquaint or socialize with persons likely to commit a crime;
3. They shall observe the guidance and surveillance of probation officers and meet and talk with probation officers visiting them;
4. They shall report to probation officers in advance, when they change their residence or take a trip at home or abroad for at least one month.
(3) The court and/or Review Commission may order persons on probation to especially observe the following matters by determining a period within the period of probation, when necessary, in light of the details and types of crimes and their characteristics, other than matters to be observed under paragraph (2), when it declares a ruling or notifies decisions:
1. They shall abide to a curfew, including at night, likely to create an opportunity or impulse to repeat violations;
2. They shall not access specific regions or places, likely to create an opportunity or impulse to repeat violations;
3. They shall refrain from contact with specific potential victims of crimes;
4. They shall endeavor to recover damage from crimes;
5. They shall live at a directed place;
6. They shall refrain from engaging in speculative activities;
7. They shall not consume alcoholic beverages in excess of a specific amount;
8. They shall not use addictive substances, such as narcotics;
9. They shall undergo tests on whether they have injected, smoked or taken narcotics specified in the Act on the Control of Narcotics, etc.;
10. Other matters prescribed by Presidential Decree as deemed necessary to prevent persons on probation from repeating violations.
(4) A court may fully or partially add or revise matters to be observed under paragraph (2) or (3) upon request of the head of a probation office or prosecutors, and a Review Commission may fully or partially add or revise such matters upon request of the head of a probation office, if a person on probation fails to observe such matters; or if there exists any change in extenuating circumstances.
(5) Matters to be observed under paragraphs (2) through (4) shall be notified in writing.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 33 (Guidance and Surveillance)
(1) Probation officers shall offer guidance and conduct surveillance necessary to prevent reoffending by persons subject to probation and promoting their sound rehabilitation to the society.
(2) The methods of guidance and surveillance under paragraph (1) shall be as follows:
1. To maintain close contact with persons subject to probation to observe their behaviors and environment;
2. To offer guidance suitable for implementing matters to be observed under Article 32 to persons subject to probation;
3. To take necessary measures for sound rehabilitation into society, of persons subject to probation.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 33-2 (Assorted Treatment)
(1) The head of a probation office shall provide assorted treatments in accordance with the methods and standards of guidance and surveillance to persons subject to probation, by considering their individual characteristics, such as the details of crimes and the risks of reoffending.
(2) Necessary matters concerning assorted treatments under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9748, May 28, 2009]
 Article 34 (Relief)
(1) When persons subject to probation make self-help efforts, probation officers shall provide appropriate relief deemed necessary for their betterment and self-reliance.
(2) The methods of relief under paragraph (1) shall be as follow:
1. Offering accommodation and providing them with vocational guidance;
2. Providing them with vocational training;
3. Improving their environment;
4. Offering assistance necessary for the sound rehabilitation to the society of persons subject to probation.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 35 (Emergency Relief)
The head of a probation office may offer necessary relief to persons subject to probation, as prescribed by Presidential Decree, when they suffer injuries or diseases, or there exist other urgent grounds.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 36 (Assistance and Cooperation from Rehabilitative Business Operators)
The head of a probation office may request the State, or public institutions, persons permitted to engage in a rehabilitative business under Article 67 (1), the Korea Rehabilitation Agency under Article 71, or other organizations to provide accommodation or other appropriate assistance and cooperation, when necessary for relief under Article 34 and emergency relief under Article 35. In such cases, expenses incurred shall be reimbursed by the State, within budgetary limits.
[This Article Wholly Amended by Act No. 9168, Dec. 26, 2008]
 Article 37 (Investigation of Persons Subject to Probation)
(1) The head of a probation office may summon persons subject to probation or other related persons to crossexamine them or order probation officers under his/her control to investigate necessary matters, when deemed necessary for probation.
(2) The head of a probation office may request the State or public institutions or other organizations to verify facts, allow him/her to read related materials or provide other cooperation, when deemed necessary for probation.
(3) Persons in charge of duties under paragraphs (1) and (2) shall ensure the security of any confidential information they become aware of in the course of their performance of duties, respect the human rights of persons subject to probation and related persons and make sure that nothing obstructs the sound rehabilitation to the society of persons subject to probation.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 38 (Warnings)
When persons subject to probation violate matters to be observed under Article 32 or there exist reasonable grounds to believe that they are likely to violate such matters, the head of a probation office may urge them to observe such matters and warn them that they may receive unfavorable treatment, such as punishment.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 39 (Arrest)
(1) Where persons subject to probation have violated matters to be observed under Article 32 or there exist reasonable grounds to believe that they have violated such matters and there are reasons falling under any of the following subparagraphs, the head of a probation office may receive arrest warrant from judge of the competent local court, upon the request of prosecutor, after asking prosecutors of the competent district public prosecutor's office to do so, and arrest persons subject to probation:
1. When they have no permanent address;
2. When they fail to comply with summons under Article 37 (1);
3. When they have escaped or are likely to escape.
(2) Arrest warrants under paragraph (1) shall be executed by probation officers under the guidance of prosecutors: Provided, That when it is difficult for probation officer to execute arrest warrant, they may allow judicial police officer to execute such warrant.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 40 (Immediate Arrest)
(1) Where a person subject to probation who has failed to observe the matters referred to in Article 32 falls under Article 39 (1) and it is impracticable to issue arrest warrants under Article 39 due to urgency, the head of a probation office may arrest the person subject to probation without arrest warrants by giving notice to him/her. In such cases, urgency means the lack of time to issue arrest warrants, such as where he/she finds persons subject to probation accidentally.
(2) Where the head of a probation office arrests a person subject to probation under paragraph (1), he/she shall prepare an immediate arrest warrant and obtain approval from a prosecutor of the competent district public prosecutor's office, without delay.
(3) Where the head of a probation office fails to obtain approval under paragraph (2), he/she shall release a person subject to probation, without delay.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 41 (Period of Arrest)
When the head of a probation office arrests persons subject to probation under Article 39 or 40, he/she shall release them within 48 hours from the time of arrest, except where he/she makes a request for permission for detention pursuant to Article 42: Provided, That where he/she fails to obtain permission for detention under Article 42 (2), he/she shall, immediately, release the persons subject to probation. <Amended by Act No. 12888, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 42 (Detention)
(1) The head of a probation office may detain persons subject to probation, who are arrested under Article 39 or 40, in correctional institutions or a juvenile classification review institute, when deemed necessary to file the following requests:
1. Request to invalidate a suspended sentence or the revocation of a suspended execution, on condition of probation under Article 47;
2. Request to revoke parole or provisional release under Article 48;
3. Request to revise probation under Article 49.
(2) Where the head of a probation office intends to detain persons subject to probation pursuant to paragraph (1), he/she shall file a request with a prosecutor and obtain permission from the judge of a competent local court at the request of the prosecutor. In such cases, the prosecutor shall file a request for permission for detention within 48 hours from the time the persons subject to probation are arrested. <Amended by Act No. 12888, Dec. 30, 2014>
(3) The head of a probation office shall file a request pursuant to paragraph (1), within 24 hours after he/she obtains permission for detention.
(4) When a prosecutor in receipt of a request under paragraph (1) 1 from the head of a probation office deems that grounds for such request are reasonable, he/she shall file a request with the competent local court to invalidate a suspended sentence or revoke a suspended execution on condition of probation within 48 hours after receiving such application.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 43 (Period of Detention)
(1) A period of detention referred to in Article 42 shall be 20 days from the date an arrest is made pursuant to Article 39 (1) or 40 (1). <Amended by Act No. 12888, Dec. 30, 2014>
(2) In cases of an application made under Article 42 (1) 1 or 3, the court may extend a period of detention only once by up to 20 days by instance, when deemed necessary for examination.
(3) In cases of an application made under Article 42 (1) 2, the head of a probation office may extend a period of detention only once by up to 10 days, by filing an application with a prosecutor and obtaining permission from the judge of the competent local court at the request of the prosecutor, when necessary for examination by the examination committee.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 44 (Cancellation of Detention)
The head of a probation office shall cancel detention and release persons on probation, without delay, in any of the following cases:
1. Where a prosecutor dismisses an application submitted by the head of a probation office under Article 47 (1);
2. Where the court dismisses a request from a prosecutor under Article 47 (1);
3. Where a Review Commission dismisses an application submitted by the head of a probation office under Article 48;
4. Where the Minister of Justice does not permit an application submitted by a Review Commission under Article 48;
5. Where the court dismisses an application submitted by the head of a probation office under Article 49.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 45 (Including Detention Period in Term of Punishment)
When a suspended sentence is invalidated or suspended execution or parole is revoked, on condition that persons detained under Article 42 be put on probation, the period of detention shall be included in the term of punishment.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 45-2 (Use of Protection Outfits)
(1) Public officials belonging to a probation office may use the following protection outfits in performing their lawful duties against persons subject to probation, when justifiable grounds exist deemed necessary for preventing escape, restraining a protest or preventing harm done to the life or body of such public officials or others:
1. Handcuffs;
2. Ropes;
3. Electronic shock machines;
4. Gas guns.
(2) Public officials shall use protective outfits to the minimum extent necessary and avoid using protection outfits, without delay, when they do not need such outfits.
(3) When public officials intend to use protective outfits under paragraph (1), they shall issue a prior warning to relevant persons subject to probation: Provided, That the same shall not apply to cases where they have insufficient time to issue a prior warning to them due to the urgent situation.
(4) Necessary matters concerning procedures for the use of protection outfits shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Newly Inserted by Act No. 9748, May 28, 2009]
 Article 46 (Provisions Applicable Mutatis Mutandis)
The provisions of Articles 72, 75, 82, 83, 85 (1), (3) and (4), 86, 87, 89, 204, 214-2 and 214-3 of the Criminal Procedure Act shall apply mutatis mutandis to the arrest or detention of persons subject to probation.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
SECTION 6 Termination of Probation
 Article 47 (Invalidating Suspended Sentence or Revoking Suspended Execution on Condition of Probation)
(1) Upon receipt of a request from the head of a probation office, each prosecutor shall request a court to invalidate a suspended sentence under Article 61 (2) of the Criminal Act and revoke a suspended execution under Article 64 (2) of the same Act.
(2) The provisions of Article 335 of the Criminal Procedure Act shall apply mutatis mutandis to procedures for invalidation and revocation under paragraph (1).
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 48 (Revocation of Parole and Provisional Release)
(1) When persons released on parole or provisionally released fail to observe the matters referred to in Article 32 during the period of probation and it is deemed inappropriate to keep them on probation due to their gross violations, a Review Commission may review and determine the revocation of parole and provisional release, either ex officio or upon request of the head of a probation office.
(2) Where a Review Commission makes a decision that the revocation of parole or provisional release is appropriate in the course of review under paragraph (1), it shall request the Minister of Justice to permit such decision by attaching related documents to a written decision; and where the Minister of Justice deems that decision by a Review Commission is reasonable, he/she may permit such decision.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 49 (Revision of Protective Disposition)
(1) When persons, who are put on probation in accordance with a protective disposition under Article 32 (1) 4 or 5 of the Juvenile Act, violate matters to be observed under Article 32 during the period of probation and it is deemed inappropriate to keep them on probation due to their gross violations, the head of a probation office may request the court having the jurisdiction over the location of a probation office to revise a protective disposition.
(2) When a protective disposition under paragraph (1) is revised, the provisions of protection cases under Chapter II of the Juvenile Act shall apply to cases where a person subject to a request is aged 19 or more years, notwithstanding the provisions of Articles 2 and 38 (1) of the Juvenile Act.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 50 (Termination of Indeterminate Sentence)
(1) When a short term sentence elapses for a person on parole after being sentenced under Article 60 (1) of the Juvenile Act, and the purposes of probation are deemed achieved, a Review Commission may determine that the execution of sentence is complete, either ex officio or upon request of the head of a probation office, even before a period determined under Article 66 of the same Act.
(2) When the period of probation elapses for persons provisionally released and provisional release is not revoked, they shall be deemed to be released.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 51 (Termination of Probation)
When a person on probation falls under any of the following subparagraphs, such probation shall be terminated: <Amended by Act No. 12888, Dec. 30, 2014>
1. When the period of probation expires;
2. When a suspended sentence on condition of probation is invalidated under Article 61 of the Criminal Act, or when a suspended execution on condition of probation is invalidated or revoked under Article 63 or 64 of the same Act;
3. When parole or provisional release is invalidated or revoked under Article 48 or other Acts;
4. When a protective disposition is revised under Article 49;
5. When a decision is made to terminate an indeterminate sentence under Article 50;
6. When they are sentenced to imprisonment without prison labor or heavier punishment during the period of probation;
7. When persons provisionally released, for whom probation is suspended under Article 53, reach the age referred to in Article 43 (1) of the Act on the Treatment of Protected Juveniles, etc.;
8. When probation is revised, revoked or terminated under other Acts.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 52 (Temporary Revocation)
(1) When a person on probation obtains good records, the Review Commission may temporarily revoke his/her probation, either ex officio or upon request of the head of a probation office.
(2) No person shall be put on probation during the period of temporary revocation: Provided, That persons on probation shall continue to observe orders.
(3) When it is deemed appropriate to put persons, for whom a decision has been made to temporarily revoke probation, on probation again, the Review Commission may cancel the decision of temporary revocation, either ex officio or upon request of the head of a probation office.
(4) When the decision of temporary revocation is cancelled under paragraph (3), the period of temporary revocation shall be included in the period of probation.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 53 (Suspension of Probation)
(1) When it is impracticable to keep a person, released on parole or provisionally released, on probation due to a lack of information about their whereabouts, a Review Commission may make a decision to suspend probation, either ex officio or upon request of the head of a probation office (hereinafter referred to as "decision to suspend probation").
(2) When a Review Commission becomes aware of the whereabouts of persons, for whom probation is suspended under paragraph (1), it shall make a decision to revoke such suspension (hereinafter referred to as the "decision to revoke the suspension of probation"), without delay.
(3) When persons, for whom probation is suspended, are arrested under Article 39 or 40, a decision to revoke the suspension of probation is deemed to be made from the date on which they are arrested.
(4) A period of punishment and a period of probation shall be suspended from the date on which a decision to suspend probation is made and resume from the date on which a decision to revoke the suspension of probation is made.
(5) When the whereabouts of persons on probation are unknown due to any cause not attributable to persons on probation, such as natural disasters or other extenuating circumstances, after a decision to suspend probation is made under paragraph (1), a Review Commission shall revoke such decision. In such cases, the decision to suspend probation shall be deemed nonexistence.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
Section 7 Transfer of Probation Cases
 Article 54 (Confidential Information and Refusal to Give Testimony)
When former or current employees of a Review Commission or probation office, are questioned as witnesses under other Acts, they may refuse to testify confidential information of a third party, which they become aware of in the course of their performance of duties: Provided, That the same shall not apply where the relevant third parties give their consent or where necessary for the significant public interest.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 55 (Transfer of Probation Cases)
When a person subject to probation has relocated his/her domicile, the head of the competent probation office may transfer the probation case to the head of a probation office having the jurisdiction over his/her new domicile.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 55-2 (Receipt of Donations)
(1) The head of a probation office may receive money and goods voluntarily donated to the probation office by institutions, organizations, or individuals for the relief of persons subject to probation.
(2) Issuance of receipts to donors, designation of use of donations, perusal of books, and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 12189, Jan. 7, 2014]
 Article 55-3 (Notification of Termination, etc. of Probation)
(1) Where deemed necessary to prevent recidivism by a parolee who committed any of the following crimes when the probation of such parolee is terminated, the head of a probation office may notify the head of a police agency having jurisdiction over the parolee's dwelling, of the termination of his/her probation, etc.:
1. A sexual assault under subparagraph 2 of Article 2 of the Act on the Probation and Electronic Monitoring of Specific Criminal Offenders, murder under subparagraph 3-2 of the same Article and robbery under subparagraph 3-3 of the same Article;
2. Any of the following crimes:
(a) A crime defined under Article 287 (Kidnapping or Abduction of Minors), Article 288 (Kidnapping, Abduction, etc. for Purpose of Indecent Acts), Article 289 (Trafficking in Persons), Article 290 (Inflicting or Causing Another's Bodily Injury while in Kidnapping, Abduction, Trafficking in Persons, Transportation, etc.), Article 291 (Killing Another or Causing Death of Another while in Kidnapping, Abduction, Trafficking in Persons, Transportation, etc.), Article 292 (Receiving, Harboring, etc. of Person Kidnapped, Abducted, Trafficked or Transported) and Article 294 (Attempts) among the crimes of kidnapping, abduction and trafficking in persons under Chapter XXXI of Part II of the Criminal Act; a crime defined under Article 324-2 (Coercion by Hostage) and Article 324-3 (Injury by Hostage) among the crimes of obstructing another from exercising his/her right under Chapter XXXVII of Part II of the same Act; and a crime defined under Article 336 (Robbery by Hostage) among the crimes of larceny and robbery under Chapter XXXVIII of Part II of the same Act;
(c) A crime defined under item (a) or (b), punishable cumulatively pursuant to other Acts;
4. Any of the following crimes:
(a) A crime defined under Article 164 (Arson of Existing Residential Building, etc.), Article 165 (Arson of Public Structures, etc.), Article 166 (Arson of Other Structures, etc.), Article 167 (Arson of General Goods), Article 168 (Spread of Fire), Article 172 (Burst of Explosive Substances), Article 172-2 (Discharge of Gas, Electricity, etc.), Article 173 (Obstruction to Supply of Gas, Electricity, etc.) and Article 174 (Attempts) among crimes of arson and accident fires under Chapter XIII of Part II of the Criminal Act;
(c) A crime defined under Article 53 (Penal Provisions) of the Forest Protection Act (excluding a crime under paragraph (4) of the same Article);
(d) A crime defined under items (a) through (c), punishable cumulatively pursuant to other Acts;
5. A crime defined under Article 58 (Penal Provisions), Article 59 (Penal Provisions) and Article 60 (Penal Provisions) of the Act on the Control of Narcotics, etc. (excluding a crime defined under Article 59 (1) 3, 5, 9 and 12; a crime of giving and receiving, holding, possessing, using, controlling, preparing, dosing, supplying psychotropic drugs; or a crime of issuing a prescription of psychotropic drugs, among crimes under Article 60 (1) 2); a crime defined under Article 6 (Illegal Importation, etc. for Business Purposes), Article 7 (Concealment and Disguise of Illegal Profits, etc.), Article 8 (Acceptance of Illegal Profits, etc.) and Article 9 (Importation, etc. of Goods Recognized as Narcotics, etc.) of the Act on Special Cases concerning the Prevention of Illegal Trafficking in Narcotics, etc.; and a crime defined under Article 11 (Aggravated Punishment of Narcotic Offender, etc.) of the Act on the Aggravated Punishment, etc. of Specific Crimes;
(2) Matters to be notified by the head of a probation office pursuant to paragraph (1) shall be as follows:
1. Name;
2. Resident registration number;
3. Address;
4. Name of crime;
5. Details of judgment;
6. Date of termination of probation.
(3) Matters necessary for the procedures, etc. of notification under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 12888, Dec. 30, 2014]
 Article 56 (Exceptions to Persons Subject to Military Act)
This Act shall not apply to persons falling under any of the subparagraphs of Article 2 (1) of the Military Court Act.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 57 (Application Mutatis Mutandis of Criminal Procedure Act)
The Criminal Procedure Act shall apply mutatis mutandis to probation to the extent not contrary to the nature, unless special provisions exist to the contrary in this Act.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 58 (Partially Excluding Application of Administration and Treatment of Correctional Institution Inmates Act)
The provisions of Articles 119 through 122 of the Administration and Treatment of Correctional Institution Inmates Act shall not apply to parole under this Act (excluding Article 28).
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
CHAPTER IV PROVIDING COMMUNITY SERVICE AND UNDERGOING EDUCATION
 Article 59 (Scope of Orders to Provide Community Service and Undergo Education)
(1) Each court, which issues an order to provide community service under Article 62-2 of the Criminal Act or an order to undergo education, shall determine a period of providing community service by up to 500 hours and a period of undergoing education by up to 200 hours, respectively: Provided, That when other Acts expressly provide otherwise, it shall be governed by the relevant Acts.
(2) In cases falling under paragraph (1), the court may designate the types, places, etc. of community service or education.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 60 (Notification, etc. of Ruling)
(1) The court shall send the certified copies of written rulings and documents, in which matters to be observed are written, to the head of a probation office having the jurisdiction over the domicile of defendants, within three days after a ruling issuing an order to provide community service or undergo education under Article 62-2 of the Criminal Act is finalized.
(2) The court may attach its opinions or other reference materials necessary for the execution of an order to provide community service or undergo education to documents, etc. under paragraph (1).
(3) The court or the head of the court may request the head of a probation office notified under paragraph (1) to report the execution of orders to provide community service or undergo education.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 61 (Persons in Charge of Execution of Orders to Provide Community Service or Undergo Education)
(1) Each probation officer shall execute orders to provide community service or undergo education: Provided, That a probation officer may fully or partially entrust such execution to the State or public institutions and other organizations.
(2) When probation officers entrust the execution of orders to provide community service or undergo education to the State or public institutions and other organizations, they shall notify the court or the head of the court of such fact.
(3) The court may order public officials under its jurisdiction to investigate and report whether community service, education facilities or education are appropriate for the correction and betterment of persons obliged to provide community service or undergo education, as well as the operation thereof, and may revoke the entrustment of execution of orders to provide community service or undergo education, when deemed unsuitable.
(4) Probation officers may request the State or public institutions or other organizations to provide cooperation, when deemed necessary for the execution of orders to provide community service or undergo education.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 62 (Matters to be Observed by Persons Obliged to Provide Community Service or Undergo Education)
(1) Persons obliged to provide community service or undergo education shall report their residence, occupations and other necessary matters to the head of the competent probation office, as prescribed by Presidential Decree.
(2) Persons obliged to provide community service or undergo education shall observe the following matters:
1. They shall follow instructions concerning execution by probation officers;
2. They shall report to probation officers in advance, when they relocate domicile or take a trip at home or abroad for not less than one month.
(3) The court may separately require persons obliged to provide community service or undergo education to observe matters in particular, other than matters to be observed under paragraph (2), in consideration of the characteristics of persons, within the scope prescribed by Presidential Decree, when it pronounces a sentence.
(4) Matters to be observed under paragraphs (2) and (3) shall be notified in writing.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 63 (Completion of Providing Community Service or Undergoing Education)
When a person ordered to provide community service or undergo education falls under any of the following cases, such community service or education shall be terminated: <Amended by Act No. 12888, Dec. 30, 2014>
1. When the execution of orders to provide community service or undergo education is complete;
2. When the period of a suspended execution expires;
3. When a sentence of probation on condition of providing community service or undergoing education expires, or is revoked pursuant to Article 63 or 64 of the Criminal Act;
4. When they are punished by imprisonment without prison labor or heavier punishment, during the period for execution of orders to provide community service or undergo education;
5. When an order of providing community service or undergoing education is revised, revoked or terminated pursuant to other Acts.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 64 (Provisions to be Applied Mutatis Mutandis)
(1) The provisions of Articles 34 through 36, 54, 55, 56, and 57 shall apply mutatis mutandis to persons ordered to provide community service or undergo education. <Amended by Act No. 12888, Dec. 30, 2014>
(2) The provisions of Articles 37 through 45, 45-2, 46, 47 and 49 shall apply mutatis mutandis to warning, arrests, detention, revocation of a suspended execution, or revision of a protective disposition, due to violation of orders or compliances by persons ordered to provide community service or undergo education.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
CHAPTER V REHABILITATION
Section 1 Methods and Commencement of Rehabilitation
 Article 65 (Methods of Providing Rehabilitation Services)
(1) Rehabilitation services shall be provided by any of the following methods: <Amended by Act No. 12590, May 20, 2014>
1. Providing room and board;
2. Housing support;
3. Business start-up assistance;
4. Vocational training or job placement services;
5. Counseling services prior to the release of prisoners;
6. Support for family members of persons eligible for rehabilitation;
7. Psychologic counseling and psychotherapy;
8. Follow-up management;
9. Other support for the self-reliance of persons eligible for rehabilitation.
(2) Details about the matters referred to in the subparagraphs of paragraph (1) shall be prescribed by Presidential Decree.
(3) The Korea Rehabilitation Agency under Article 71 or any person permitted to engage in a rehabilitative business under Article 67 may establish and operate facilities for rehabilitation under the subparagraphs of paragraph (1).
(4) Standards for rehabilitation facilities referred to in paragraph (3) shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 66 (Application for Rehabilitation and Measures)
(1) Persons eligible for rehabilitation and related institutions may apply for rehabilitation to the head of a probation office, a person who has obtained permission to engage in a rehabilitative business under Article 67 (1) or the Korea Rehabilitation Agency under Article 71.
(2) Any person upon receipt of an application under paragraph (1) shall determine whether rehabilitation is necessary, without delay, and determine the methods of rehabilitation, when he/she has decided to provide rehabilitation.
(3) When any person upon receipt of an application under paragraph (1) determines to provide rehabilitation under paragraph (2), he/she shall take necessary measures for rehabilitation, without delay.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
Section 2 Rehabilitative Business Operators
 Article 67 (Permission for Rehabilitative Business)
(1) Any person who intends to conduct a rehabilitative business shall obtain permission from the Minister of Justice, as prescribed by Ordinance of the Ministry of Justice. The same shall apply to revisions to permitted matters.
(2) The Minister of Justice may determine the scope of business and the period of permission or attach other necessary conditions, when he/she grants permission to engage in a rehabilitative business.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 68 (Standards of Permission)
The Minister of Justice shall not grant permission to engage in a rehabilitative business, to any applicant for permission to engage in a rehabilitative business who fails to satisfy any of the following standards:
1. They shall have economic capacity necessary for a rehabilitative business;
2. They shall have social confidence;
3. The organization of a rehabilitative business and the standards of accounting shall be disclosed.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 69 (Duties to Report)
Any person who has obtained permission to engage in a rehabilitative business (hereinafter referred to as "business operator") shall report business plans of the next year, the accounting of the previous year and business performance to the Minister of Justice, as prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 70 (Revoking Permission for Rehabilitative Business)
When a business operator falls under any of the following circumstances, the Minister of Justice may revoke business permission or order them to fully or partially suspend business for a prescribed period of up to six months: Provided, That in cases falling under subparagraph 1 or 4, such permission shall be revoked:
1. When he/she has obtained permission to engage in rehabilitative business by fraudulent means;
2. When he/she has violated any of the conditions of permission to engage in rehabilitative business;
3. When he/she operates business, other than target business;
4. When he/she fails to commence rehabilitative business within six months after he/she obtains permission to engage in rehabilitative business, or he/she has no record of performance of rehabilitative business for at least a year without just cause;
5. When he/she has falsely filed a report under Article 69;
6. When he/she has violated this Act or an order issued under this Act.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 70-2 (Hearings)
Where the Minister of Justice intends to revoke or suspend permission for rehabilitative business pursuant to Article 70, he/she shall hold a hearing. <Amended by Act No. 12590, May 20, 2014>
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
Section 3 Korea Rehabilitation Agency
 Article 71 (Establishment of Korea Rehabilitation Agency)
There shall be established the Korea Rehabilitation Agency (hereinafter referred to as the "Agency") to efficiently promote rehabilitative projects.
[This Article Wholly Amended by Act No. 9168, Dec. 26, 2008]
 Article 72 (Corporate Entity)
The Agency shall be a corporate entity.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 73 (Offices)
(1) The location of the main office of the Agency shall be prescribed by the articles of association.
(2) The Agency may establish its branch offices wherever necessary under the articles of association.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 74 (Articles of Association)
(1) The Agency's articles of association shall include the following matters:
1. Objectives;
2. Title;
3. Matters concerning its main office and branch offices;
4. Matters concerning funds;
5. Matters concerning executives and employees;
6. Matters concerning the board of directors;
7. Matters concerning duties;
8. Matters concerning assets and accounting;
9. Matters concerning notification;
10. Matters concerning revision to the articles of association;
11. Matters concerning enactment, revision or repeal of internal regulations.
(2) When the Agency intends to revise the articles of association, it shall obtain authorization from the Minister of Justice.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 75 (Registration)
The Agency shall be duly formed by effecting registration at the registry for the area in which its main office is located.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 76 (Executives and their Terms of Office)
(1) The Agency shall have up to 15 directors, including a chief director, and two auditors. <Amended by Act No. 12590, May 20, 2014>
(2) The chief director shall be appointed by the Minister of Justice and his/her term of office shall be three years, renewable for further terms: Provided, That the chief director whose term of office has expired shall perform his/her duties until his/her successor is appointed. <Amended by Act No. 12590, May 20, 2014>
(3) Directors shall be appointed or commissioned by the Minister of Justice, at the recommendation of the chief director, from among persons of learning and high moral repute, who have enthusiasm for rehabilitative projects, and their terms of office shall be three years, renewable for further terms: Provided, That the terms of office of public-official directors shall be the period during which they hold their official positions.
(4) An auditor shall be appointed by the Minister of Justice, upon the recommendation of the chief director, and his/her term of office shall be two years, renewable for further terms.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 77 (Duties of Executives)
(1) The chief director shall represent the Agency and exercise the overall control of its affairs.
(2) An auditor shall audit the duties and accounting of the Agency.
(3) Directors, other than the chief director, and an auditor may work part time.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 78 (Grounds for Disqualification of Executives)
No one falling under any of the following subparagraphs shall be the executive of the Agency:
1. Non-national of the Republic of Korea;
2. Person falling under any of the subparagraphs of Article 33 of the State Public Officials Act.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 79 (Dismissal of Executives)
(1) When any executive falls under any of the subparagraphs of Article 78, he/she shall retire from his/her office.
(2) When any executive falls under any of the following subparagraphs, the Minister of Justice may dismiss him/her:
1. When he/she is deemed to have no enthusiasm for rehabilitative projects;
2. When he/she violates any of his/her duties or he/she is negligent in performing his/her duties;
3. When he/she is deemed to be ineligible to serve as an executive due to other grounds.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 80 (Board of Directors)
(1) The board of directors shall be established under the control of the Agency, so as to deliberate on and pass resolutions on major matters concerning the duties of the Agency.
(2) The board of directors shall consist of the chief director and directors.
(3) The chief director shall convene the board of directors and become its chairperson.
(4) An auditor may attend meetings of the board of directors to state his/her opinions.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 81 (Appointment or Dismissal of Employees)
The employees of the Agency shall be appointed or dismissed by the chief director under the articles of association.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 82 (Projects of Agency)
The Agency shall implement the following projects to achieve its objectives:
1. Rehabilitation;
2. Investigation, research, dissemination and publicity of the rehabilitation system;
3. Profit-making businesses for rehabilitative projects;
4. Projects necessary for achieving the purposes of the Agency.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 83 (Assets of Agency)
The following property shall be the assets of the Agency:
1. Real estate owned by the Agency and other property;
2. The state subsidies;
3. Proceeds generated from assets;
4. Other revenues.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 84 (Business Plans, etc. of Agency)
(1) The fiscal year of the Agency shall coincide with that of the Government.
(2) The Agency shall submit its business plans and budget for the next fiscal year to the Minister of Justice before each fiscal year commences, as prescribed by Ordinance of the Ministry of Justice, and obtain approval from him/her. The same shall apply to revisions to such plans.
(3) The Agency shall submit details of its business performance and final accounts of the previous year to the Minister of Justice after each fiscal year ends, as prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 85 (Receipt of, and Reports on, Donations)
(1) The Agency may receive money and articles voluntarily donated by institutions, organizations, or individuals for rehabilitative projects.
(2) The Agency shall report to the Minister of Justice, the receipt and handling of all donations received pursuant to paragraph (1).
(3) The issuance of a receipt to donors, designation of the appropriation of donations, perusal of books, and other necessary matters, shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 12888, Dec. 30, 2014]
 Article 86 (Establishment of Rehabilitation Fund)
There shall be established the Rehabilitation Fund (hereinafter referred to as the "Fund") under the control of the Agency, so as to secure financial resources necessary for promoting rehabilitative projects.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 87 (Financial Resources of Fund)
The Fund shall be constituted of the following financial resources:
1. Profits generated from the operation of the fund;
2. Revenues generated from the projects of the Agency;
3. Donations under related Acts and subordinate statutes.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 88 (Operation and Management of Fund)
(1) The Fund shall be operated and managed by the Agency.
(2) Necessary matters concerning the operation and management of the fund shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 89 (Use of Fund)
The Fund shall be used for projects falling under any subparagraph of Article 82.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 90 (Borrowing Funds)
The Agency may borrow funds at the expense of the Fund, after obtaining approval from the Minister of Justice, when deemed necessary for the operation of the Fund.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 91 (Handling Profits)
When profits arise as the result of settlement of accounts for each business year, the Agency shall appropriate such profits for the supplementation of the loss brought forward and save the remainder for the Fund.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 92 (Provisions Applicable Mutatis Mutandis)
The provisions of the Civil Act concerning an incorporated foundation shall apply mutatis mutandis to the Agency, except as otherwise provided for in this Act.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 93 (Deemed Public Officials for Purposes of Penal Provisions)
The executives and employees of the Agency shall be deemed public officials for the purposes of penal provisions under the Criminal Act and other Acts.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
Section 4 Support and Supervision of Rehabilitative Projects
 Article 94 (Subsidies)
The State or local governments may subsidize business operators and the Agency.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 95 (Tax Reduction or Exemption)
Any national tax or local tax may be reduced or exempted for rehabilitative projects by the State or local governments under the Restriction of Special Taxation Act or the Restriction of Special Local Taxation Act. <Amended by Act No. 10220, Mar. 31, 2010>
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 96 (Profit-making Business)
(1) When a business operator or the Agency intends to conduct a profit-making business for rehabilitative projects, he/she or it shall obtain approval from the Minister of Justice for each profit-making business. The same shall apply to revisions to such business.
(2) When a business operator or the Agency engaged in a profit-making business uses profits therefrom for a non-rehabilitative project, the Minister of Justice may issue an order to correct or suspend such profit-making business.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 97 (Supervision)
(1) The Minister of Justice shall command and supervise business operators and the Agency.
(2) The Minister of Justice may order business operators and the Agency to report matters concerning their duties and submit data, etc. or have public officials under his/her control investigate matters concerning the operation of business operators and the Agency, when necessary for supervising business operators and the Agency.
(3) Public officials conducting an investigation under paragraph (2) shall carry a certificate indicating their authority and present it to relevant persons.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 98 (Prohibition against Using Similar Names)
(1) No person, other than the Agency under this Act, shall use the phrase "the Korea Rehabilitation Agency" in its name or similar names.
(2) No person, other than a business operator under this Act, shall use the phrase "rehabilitation committee" in its name or similar names.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
CHAPTER VI PENAL PROVISIONS
 Article 99 (Penal Provisions)
Any of the following persons shall be punished by imprisonment for not more than one year, or by a fine not exceeding ten million won: <Amended by Act No. 12189, Jan. 7, 2014>
1. A person who engages in profit-making activities under the pretext of conducting rehabilitative business, without obtaining permission for rehabilitative business;
2. A person who engages in profit-making activities in violation of the purposes of rehabilitative business, by exploiting permission to engage in rehabilitative business;
3. A person who violates a suspension order under Article 70;
4. A person who violates an order under Article 96 (2).
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
 Article 100 (Joint Penal Provisions)
Where a representative of a corporation, or an agent, employee or other servant of the corporation or an individual commits an offence under Article 99, in connection with business of the corporation or the individual, not only shall such offender be punished accordingly, but the corporation or the individual also shall be punished by a fine under each relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation.
[This Article Wholly Amended by Act No. 9168, Dec. 26, 2008]
 Article 101 (Administrative Fines)
(1) Any person who violates Article 98 shall be punished by an administrative fine not exceeding two million won.
(2) Administrative fines referred to in paragraph (1) shall be imposed and collected by the Minister of Justice, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9168, Dec. 26, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1997.
Article 2 (Transitional Measures concerning Guiding Members and Rehabilitation Members)
Guiding members and rehabilitation members under the previous provisions, as at the time this Act enters into force, shall be deemed crime-prevention members under this Act.
Article 3 (Transitional Measures concerning Rehabilitative Business Operators)
Rehabilitative business operators, who have obtained permission under the previous provisions, at the time this Act enters into force, shall be deemed to have obtained permission under this Act.
Article 4 (Transitional Measures concerning Korea Rehabilitation Corporation)
The Korea Rehabilitation Corporation, at the time this Act enters into force, shall be deemed the Korea Rehabilitation Corporation under this Act.
Article 5 Omitted.
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 7078, Jan. 20, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8722, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8723, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8728, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 9168, Dec. 26, 2008>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) Omitted.
ADDENDUM <Act No. 9748, May 28, 2009>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 10220, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 12189, Jan. 7, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 55-2 shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Change in Status of Standing Members of Probation Review Commission into Public Officials in Fixed Term Positions)
A standing member of a Probation Review Commission in active service as at the time this Act enters into force shall be deemed appointed as a public official in a fixed term position under Article 26-5 of the State Public Officials Act on the date this Act enters into force. In such case, his/her term of office shall be the remaining term of office as at the time of appointment as a standing member.
ADDENDA <Act No. 12590, May 20, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Term of Office of Chief Director)
Former provisions shall apply to the term of office of the chief director in active service as at the time this Act enters into force, notwithstanding the amended provisions of Article 76 (2).
ADDENDA <Act No. 12888, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 55-3 and 85 shall enter into force six months after the date of its promulgation.
Article 2 (Applicability concerning Request for Background Investigation)
The request for a background investigation under the amended provisions of Article 26 (1) shall begin to apply to a person on whom protective disposition under Article 32 (1) 7 of the Juvenile Act is imposed after this Act enters into force.
Article 3 (Applicability concerning Notification of Termination, etc. of Probation of Parolees)
Notification of termination, etc. of probation of a parolee pursuant to the amended provisions of Article 55-3 shall begin to apply to the termination of probation of a parolee who committed a crime falling under the subparagraphs of paragraph (1) of the amended provisions aforementioned after the amended provisions aforementioned enter into force.
Article 4 (Transitional Measures concerning Release and Detention of Arrested Persons subject to Probation, Request for Permission for Detention and Period of Detention)
Notwithstanding the amended provisions of Articles 41 through 43, the former provisions shall apply to the release and detention, request for permission for detention and period of detention of persons subject to probation who are arrested pursuant to Article 39 or 40 before this Act enters into force.
ADDENDUM <Act No. 13712, Jan. 6, 2016>
This Act shall enter into force on the date of its promulgation.