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ENFORCEMENT DECREE OF THE ACT ON THE PERFORMANCE OF DUTIES BY POLICE OFFICERS

Wholly Amended by Presidential Decree No. 10346, jun. 11, 1981

Amended by Presidential Decree No. 12555, Dec. 19, 1988

Presidential Decree No. 12641, Mar. 7, 1989

Presidential Decree No. 15136, Aug. 8, 1996

Presidential Decree No. 16601, Nov. 27, 1999

Presidential Decree No. 19563, jun. 29, 2006

Presidential Decree No. 23488, Jan. 6, 2012

Presidential Decree No. 25189, Feb. 18, 2014

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 27233, jun. 21, 2016

Presidential Decree No. 28215, Jul. 26, 2017

 Article 1 (Purpose)
The purpose of this Decree is to prescribe such matters as may be necessary for the implementation of the Act on the Performance of Duties by Police Officers (hereinafter referred to as the "Act").
 Article 2 (Provisional Custody)
When a national police officer provisionally keeps weapons or lethal weapons, etc., in custody pursuant to the provisions of Article 4 (3) of the Act, the chief of the competent national police agency (including the chief of a regional coast guard agency; hereinafter the same shall apply) shall deliver a certificate of provisional custody in accordance with the attached Form 1 to a person who possessed the weapons. <Amended by Presidential Decree No. 15136, Aug. 8, 1996; Presidential Decree No. 19563, Jun. 29, 2006; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017>
 Article 3 (Notification to Take Over Rescues)
Notification to the heads of public health medical facilities and public relief agencies or their supervisory administrations, by the chief of a police station or coast guard station pursuant to the provisions of Article 4 (6) of the Act to take over the respective health and relief facilities thereof, shall be allowed in accordance with the attached Form 2. <Amended by Presidential Decree No. 15136, Aug. 8, 1996; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 12641, Mar, 3. 1989]
 Article 4 (Prohibition and Restriction of Access to Fields of Counter-Espionage Operations)
When the chief of a national police agency restricts or prohibits access to or passage in the counter-espionage operations area pursuant to the provisions of Article 5 (2) of the Act, except in compelling cases for the sake of national security purposes, he shall announce without delay the duration, places and other necessary matters, by appropriate means of broadcasting, wall posters, warning boards, dispersion of bills and so on. The same shall also apply when he lifts the restrictions. <Amended by Presidential Decree No. 19563, Jun. 29, 2006>
 Article 5 (Certificate Establishing Identification)
A Certificate establishing police officers' identification pursuant to Articles 3 (4) and 7 (4) of the Act, shall a identification card of national police officers. <Amended by Presidential Decree No. 12641, Mar. 7, 1989; Presidential Decree No. 19563, Jun. 29, 2006>
 Article 6 (Written Demand for Attendance)
A written demand for attendance as provided in Article 8 (2) of the Act shall be followed in accordance with the attached Form 3.
 Article 7 (Report)
When a national police officer takes the following measures, he shall report them to the chief of a national police agency: <Amended by Presidential Decree No. 19563, Jun. 29, 2006>
1. When asking a person to accompany him pursuant to the provisions of Article 3 (2) of the Act;
2. When asking for an emergency rescue or takes emergency protective steps pursuant to the provisions of Article 4 (1) of the Act;
3. When keeping a provisional custody pursuant to the provisions of Article 4 (3) of the Act;
4. When preventing a crime pursuant to the provisions of Article 6 (1) of the Act;
5. Deleted; <by Presidential Decree No. 12641, Mar. 7, 1989>
6. When accessing or searching a place where many people are entering and exiting pursuant to the provisions of Article 7 (2) and (3) of the Act;
7. When substantiating the facts of a matter pursuant to the provisions of the proviso of Article 8 (1) of the Act;
8. and 9. Deleted. <by Presidential Decree No. 16601, Nov. 29, 1999>
 Article 8 (Processing Sensitive Information and Personally Identifiable Information)
Where it is inevitable to perform the duties as police officers under Article 2 of the Act, State police officials may process the data that contains health information under Article 23 of the Personal Information Protection Act, any information constituting criminal history data under Article 18-2 of the Enforcement Decree of the Personal Information Protection Act, and resident registration numbers, passport numbers, driver’s license numbers or alien registration numbers under Article 19 of the Enforcement Decree of the Personal Information Protection Act.
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
 Article 9 (Standards for Indemnification for Loss and Indemnifications)
(1) Where articles are destroyed or damaged and then indemnification for loss is made pursuant to Article 11-2 (1) of the Act, indemnifications shall be based on the following standards:
1. Where an article that is damaged can be repaired: An amount equivalent to repair charges;
2. Where an article that is damaged cannot be repaired: An amount equivalent to the exchange price as at the time the article is damaged;
3. Where a businessman cannot carry on business due to the repair or replacement of an article that is damaged: An amount equivalent to the business gains that would otherwise have been made while carrying on the business is impracticable.
(2) Any economic loss other than loss from the destruction or damage of an article, shall be indemnified within the extent of a probable causal relationship with the performance of duties.
[This Article Newly Inserted by Presidential Decree No. 25189, Feb. 18, 2014]
 Article 10 (Procedures and Methods for Payment of Indemnifications)
(1) A person who intends to be paid indemnifications occurring from the lawful performance of duties by a police officer pursuant to Article 11-2 of the Act shall submit a written request for indemnification in the attached Form 4 together with documents evidencing the amount of loss to the chief of a national police agency having jurisdiction over the place where the incident occurred, for which such indemnification is requested.
(2) The chief of a national police agency, in receipt of a request for indemnification pursuant to paragraph (1), shall send the request to the Commissioner General of the Korean National Police Agency, the Commissioner of the Korea Coast Guard, Commissioner of a provincial police agency, or the commander of a regional coast guard (hereinafter referred to as "Commissioner General of the Korean National Police Agency, etc.") in which a indemnification deliberation committee to deliberate on requests for indemnification for loss under Article 11 (1) is established. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017>
(3) The Commissioner General of the Korean National Police Agency, etc., in receipt of a written request for indemnification pursuant to paragraph (2), shall decide whether to make indemnification and the amount of indemnifications after deliberation by a indemnification deliberation committee; but if any of the following is applicable, they shall determine to decline such request:
1. Where an applicant has obtained determination whether to be paid indemnifications after making a request for indemnification on the same ground for a request: Provided, That where an applicant whose request has been declined expounds that any new evidence verifying loss is found, such case shall be excluded;
2. Where a request for indemnification for loss fails to meet any requirements or procedures: Provided, That where such reasons for ineligibility can be corrected, such case shall be excluded.
(4) The Commissioner General of the Korean National Police Agency, etc. shall state the details of determination in a notice classified as follows and notify an applicant thereof within ten days from the date of determination under paragraph (3):
1. Where a determination to pay indemnifications is made: A notice approving a request for indemnifications in the attached Form 5;
2. Where a determination to decline a request for indemnifications or not to pay indemnifications is made: A notice of dismissing or declining a request for indemnification in the attached Form 6.
(5) Except as otherwise expressly prescribed by other Acts, indemnification shall be paid in cash.
(6) Indemnifications shall be paid in a lump sum; but in special circumstances for which it is not to be paid in a lump sum, such as budget shortage, etc., it may be paid in installments with the consent of an applicant.
(7) Matters necessary for filing a request for indemnification and making payment for indemnifications other than matters prescribed in paragraphs (1) through (6) shall be determined by the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 25189, Feb. 18, 2014]
 Article 11 (Establishment and Organization of Indemnification Deliberation Committee)
(1) Pursuant to Article 11-2 (3) of the Act, a indemnification deliberation committee (hereinafter referred to as "committee") shall be established under the control of the Korea National Police Agency, the Korea Coast Guard, provincial police agencies and regional coast guards in order to deliberate on the cases of indemnification for loss arising from the performance of duties by affiliated police officers. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017>
(2) The committee shall consist of between five and seven members including a chairperson.
(3) The Commissioner General of the Korean National Police Agency, etc. shall appoint persons from among any of the following persons, as committee members. In such cases, persons other than police officers shall constitute a majority of the members:
1. Persons who have been working as a judge, public prosecutor, or attorney for at least five years;
2. Persons who have been in service in a school under Article 2 of the Higher Education Act as associate professors or higher specializing in jurisprudence or science of public administration;
3. Persons with abundant knowledge of and experiences in indemnification related to police duties.
(4) The term of office of a committee member shall be two years.
(5) An executive secretary shall be placed in the committee to handle the duties thereof, who shall be appointed by the Commissioner General of the Korean National Police Agency, etc. from among affiliated police officers.
[This Article Newly Inserted by Presidential Decree No. 25189, Feb. 18, 2014]
 Article 12 (Chairperson)
(1) The chairperson shall be appointed from among committee members by mutual vote.
(2) The chairperson shall represent the committee and have overall authority over the duties of the committee.
(3) Where the chairperson is unable to handle duties of the committee due to unavoidable circumstances, a member designated by the chairperson beforehand shall perform the duties as a proxy.
[This Article Newly Inserted by Presidential Decree No. 25189, Feb. 18, 2014]
 Article 13 (Operation of indemnification Deliberation Committee)
(1) The chairperson shall call a meeting of the committee and chair the meeting.
(2) The meeting of the committee shall begin its session with the presence of a majority of members on the register, and pass resolutions with approval from a majority of members present.
(3) Where needs arise for deliberation, the committee may request relevant public officials or relevant institutions to inspect the fact, submit data, etc., and request relevant experts to provide necessary information, state opinions, etc.
[This Article Newly Inserted by Presidential Decree No. 25189, Feb. 18, 2014]
 Article 14 (Exclusion, Challenge and Recusal of Members)
(1) Where a committee member falls under any of the following, he/she shall be excluded from deliberation and resolution by the committee:
1. Where a member, his/her current or formal spouse is an applicant for a case to be deliberated;
2. Where a member is a current or former relative of an applicant for a case to be deliberated;
3. Where a member gives testimony, makes a statement, provides advice or service, or makes an appraisal concerning an item of deliberation;
4. Where a member or a juristic person with which a member is affiliated is a current or former agent of an applicant for a case to be deliberated;
5. Where a member is an executive of a juristic person which is an applicant for a case to be deliberated.
(2) Where any circumstance makes it impracticable to expect a member make a unbiased deliberation and resolution, an applicant may file an application for challenge to the committee and the committee shall make a determination thereon by a vote. In such cases, a member being the object of an application for challenge shall not participate in the vote.
(3) Where a member falls under a reason for exclusion under paragraph (1), he/she shall personally abstain from the deliberation of relevant item of agenda and decision-making thereon.
[This Article Newly Inserted by Presidential Decree No. 25189, Feb. 18, 2014]
 Article 15 (Dismissal of Members)
Where a commissioner falls under any of following subparagraphs, the Commissioner General of the Korean National Police Agency, etc. may dismiss him/her:
1. Where he/she is unable to perform any of his/her duties due to mental disorder;
2. Where he/she is deemed unfit as a member due to negligence in duties, injury to dignity or other reasons;
3. Where he/she fails to abstain from deliberation and resolution despite the fact that he/she falls under any of the subparagraphs of Article 14 (1);
4. Where he/she divulges classified information that he/she has become aware of in the course of performing his/her duties, in violation of Article 16.
[This Article Newly Inserted by Presidential Decree No. 25189, Feb. 18, 2014]
 Article 16 (Prohibition against Divulging Classified Information)
No person who participates in a meeting of the committee shall divulge classified information he/she has become aware of in the course of performing his/her duties.
[This Article Newly Inserted by Presidential Decree No. 25189, Feb. 18, 2014]
 Article 17 (Matters Necessary for Operation, etc. of Committee)
Matters necessary for the operation, etc. of the committee other than the matters prescribed in Articles 11 through 16 shall be determined by the Commissioner General of the Korea National Police Agency or the Commissioner of the Korea Coast Guard. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 25189, Feb. 18, 2014]
 Article 18 (Recipients of Rewards)
“Any other persons prescribed by Presidential Decree” under Article 11-3 (1) 4 of the Act shall mean any of the following persons:
1. A person who provides information that can identify the offender;
2. A person who submits evidence of criminal facts;
3. Of persons who have cooperated with police investigation in connection with arrest of an offender, any other person who is deemed by the reward review committee under Article 11-3 (2) of the Act to be eligible for reward.
[This Article Newly Inserted by Act No. 27233, Jun. 21, 2016]
 Article 19 (Composition of, and Matters to Be Deliberated by, Reward Review Committee, etc.)
(1) The chairperson of the reward review committee established under the Korean National Police Agency pursuant to Article 11-3 (2) of the Act shall be appointed by the Commissioner General of the Korean National Police Agency from among police officers of director level or higher at the Korean National Police Agency.
(2) Paragraph (1) shall apply mutatis mutandis to the reward review committees established under district police agencies and police stations in accordance with Article 11-3 (2) of the Act. In such cases, the “Korean National Police Agency” shall be deemed a “provincial police agency” or a “police station”, and the “Commissioner General of the Korean National Police Agency” shall be deemed a “commissioner of a provincial police agency” or a “chief of a police station”, respectively.
(3) The reward review committee prescribed in Article 11-3 (2) of the Act (hereinafter referred to as “reward review committee”) shall review and resolve the following:
1. Whether a person is eligible for reward;
2. The amount of reward;
3. Whether to recoup the reward;
4. Other matters necessary for payment or recovery of the reward.
(4) The meeting of the reward review committee shall resolve with the concurrent vote of a majority of all the members of the committee.
[This Article Newly Inserted by Act No. 27233, Jun. 21, 2016]
 Article 20 (Standards for Payment of Rewards)
The maximum amount of reward under Article 11-3 (1) of the Act shall be 500 million won, and the detailed criteria for the payment of reward shall be determined and publicly notified by the Commissioner General of the Korean National Police Agency.
[This Article Newly Inserted by Act No. 27233, Jun. 21, 2016]
 Article 21 (Procedures for Payment of Rewards)
(1) If any reason arises to pay reward, the Commissioner General of the National Police Agency, a commissioner of a provincial police agency, or a chief of a police station shall pay reward after review and resolution by the relevant reward review committee, at the request of the person who desires the reward or ex officio.
(2) The reward review committee shall review and resolve on the amount of reward in conformity with the reward payment criteria determined and publicly notified by the Commissioner General of the National Police Agency under Article 20. In such cases, the reward review committee may determine the amount of reward by taking into account the following:
1. The level of contribution to preventing terror crime;
2. The size of criminal injury;
3. The difficulty of the activity eligible for reward, such as report on an offender;
4. Whether the person eligible for reward is entitled to receive reward under any other Act;
5. Circumstances surrounding the arrest of the offender.
(3) The Commissioner General of the National Police Agency, a commissioner of a provincial police agency, or a chief of a police station may request the person eligible for reward and relevant public officials or institutions to conduct a fact-finding investigation or to submit materials, etc.
[This Article Newly Inserted by Act No. 27233, Jun. 21, 2016]
 Article 22 (Matters Necessary for Payment, etc. of Rewards)
Other matters necessary for payment, etc. of rewards, other than those prescribed in Articles 18 through 21, shall be determined and publicly notified by the Commissioner General of the National Police Agency.
[This Article Newly Inserted by Act No. 27233, Jun. 21, 2016]
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 12555, Dec. 19, 1988>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
Forms prepared and being used under the former provisions before this Decree enters into force shall continue to be used, but a blank deleted pursuant to this Decree shall not be filled in.
ADDENDUM <Presidential Decree No. 12641, Mar. 7, 1989>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 15136, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 16601, Nov. 27, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 19563, Jun. 29, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 25189, Feb. 18, 2014>
This Decree shall enter into force on April 6, 2014.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended part of Presidential Decree that was promulgated before this Decree enters into force but the enforcement date of which has not yet arrived, among Presidential Decree amended pursuant to Article 5 of this Addenda, shall enter into force on the enforcement date of respective Presidential Decree.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 27233, Jun. 21, 2016>
This Decree shall enter into force on July 28, 2016.
ADDENDA <Presidential Decree No. 28215, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.