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PRESIDENTIAL SECURITY ACT

Act No. 1507, Dec. 14, 1963

Amended by Act No. 3358, Jan. 29, 1981

Act No. 6087, Dec. 31, 1999

Act No. 7388, Mar. 10, 2005

Act No. 8872, Feb. 29, 2008

Act No. 8857, Feb. 29, 2008

Act No. 10060, Mar. 12, 2010

Act No. 10603, Apr. 28, 2011

Act No. 11042, Sep. 15, 2011

Act No. 11296, Feb. 2, 2012

Act No. 11530, Dec. 11, 2012

Act No. 11689, Mar. 23, 2013

Act No. 12044, Aug. 13, 2013

Act No. 14839, Jul. 26, 2017

 Article 1 (Purpose)
The purpose of this Act is to provide for the organization of security service, the scope of duties, and other necessary matters in order to provide security service for the President and others efficiently.
[This Article Wholly Amended by Act No. 8872, Feb. 29, 2008]
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 11296, Feb. 2, 2012; Act No. 11689, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. The term "security service" means all safety activities for the protection of the life and property of a person eligible for security service, including the protection from, or the removal of, dangers to his/her health and the vigilance, patrol, and safeguard in a specific area;
2. The term "security zone" means an area in which public officials of the Security Service and those of related agencies who support security work perform activities for security service;
3. The term "public officials of the Security Service" means employees of the Presidential Security Service (hereinafter referred to as the "Security Service") and persons dispatched to the Security Service;
4. The term "related agencies" means state agencies, local governments, etc. that the Security Service requests support and cooperation necessary to perform security work.
[This Article Wholly Amended by Act No. 10603, Apr. 28, 2011]
 Article 3 (Chief of Presidential Security Service, etc.)
(1) The Chief of the Presidential Security Service (hereinafter referred to as the "Chief") shall be appointed by the President, and shall exercise overall control over the affairs of the Security Service and supervise the public officials of the Security Service. <Amended by Act No. 14839, Jul. 26, 2017>
(2) The Security Service shall have one Deputy Chief. <Amended by Act No. 14839, Jul. 26, 2017>
(3) The Deputy Chief shall be appointed from among Grade I security officers or state public officials in special service of the Senior Executive Service, and shall assist the Chief. <Amended by Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 11689, Mar. 23, 2013]
 Article 4 (Persons Eligible for Security Service)
(1) Persons eligible for security service by the Security Service shall be as follows: <Amended by Act No. 11689, Mar. 23, 2013; Act No. 12044, Aug. 13, 2013; Act No. 14839, Jul. 26, 2017>
1. The President and his/her family members;
2. The President-elect and his/her family members;
3. A former President in whose case ten years have not passed since he/she left office, only if the provision of security service is not against his/her will, and his/her spouse: Provided, That the security service period shall be five years if a President resigns from office before the end of his/her term of office or he/she dies in office, and the security service period shall be five years after he/she dies if he/she dies after he/she resigns from office, but shall not exceed ten years from the date of resignation;
4. An acting President and his/her spouse;
5. The head of the state or government of a foreign country visiting the Republic of Korea and his/her spouse;
6. Other domestic or foreign important figures for whom the Chief considers that security service is necessary.
(2) The extent of family members under paragraph (1) 1 or 2 shall be prescribed by Presidential Decree.
(3) Notwithstanding paragraph (1) 3, if requested by a former President or his/her spouse, the security service may be provided for a period exceeding the period prescribed in the same subparagraph by up to five years, if the Chief deems it necessary for reason of old age or the like. <Newly Inserted by Act No. 12044, Aug. 13, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 10603, Apr. 28, 2011]
 Article 5 (Designation, etc. of Security Zones)
(1) If the Chief considers it necessary for the provision of security service, he/she may designate a security zone. <Amended by Act No. 11296, Feb. 2, 2012; Act No. 11689, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The designation of a security zone under paragraph (1) shall be limited to the minimum extent necessary for accomplishing the purpose of security service.
(3) Public officials of the Security Service and those of related agencies who support security work may perform security activities necessary for the prevention of dangers, including the maintenance of order in a security zone, traffic control, inspections and searches, the control of entry and exit, the detection of hazardous substances, and safety measures, only where a reasonable ground exists to believe that such activities are inevitable for the purpose of security service. <Amended by Act No. 11296, Feb. 2, 2012>
(4) Deleted. <by Act No. 11689, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10603, Apr. 28, 2011]
 Articles 5-2 (Security and Safety Management in Multilateral Summit Meetings)
(1) A security and safety measure agency may be established under the President in order to protect the heads of foreign states or the foreign administrative heads and the heads of international organizations who attend multilateral summit meetings held in the Republic of Korea and to efficiently perform safety management in meeting venues.
(2) The Chief shall be the head of the security and safety measure agency. <Amended by Act No. 11689, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) The security and safety measure agency shall be composed of public officials of the Security Service and those of related agencies.
(4) The time of establishment, procedures of establishment and management, and other necessary matters for the security and safety measure agency shall be prescribed by Presidential Decree.
(5) When it is necessary for security and safety management of multilateral summit meetings, the head of the security and safety measure agency may deploy necessary personnel and operate devices in important national facilities and facilities which many and unspecified persons use under subparagraph 13 of Article 2 of the United Defense Act, for safety management in those facilities, after undergoing consultation with the heads of related agencies.
[This Article Newly Inserted by Act No. 11296, Feb. 2, 2012]
 Article 6 (Employees)
(1) The Security Service shall have security officers of Grade I through Grade IX, who shall be state public officials in special service, and state public officials in general service: Provided, That if it is considered necessary, part of the full number of security officers may be filled with state public officials in general service or state public officials in special civil service. <Amended by Act No. 11530, Dec. 11, 2012; Act No. 11689, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The name of each type of duty of security officers at each rank shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10603, Apr. 28, 2011]
 Article 7 (Authority for Appointment)
(1) Grade V and higher-ranking security officers and state public officials equivalent to or higher than Grade V in special civil service shall be appointed by the President on recommendation of the Chief: Provided, That affairs regarding transference, the leave of absence, the appointment to a concurrent office, the dispatch, the dismissal from a post, the suspension from office, and the reinstatement in the service shall be within the remit of the Chief. <Amended by Act No. 11689, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The Chief shall have the authority for the appointment of all security officers and state public officials in special civil service, except those specified in paragraph (1). <Amended by Act No. 14839, Jul. 26, 2017>
(3) Deleted. <by Act No. 11689, Mar. 23, 2013>
(4) As to the employment of new public officials in special service who belong to the Senior Civil Service, Article 28-6 (3) of the State Public Officials Act shall apply mutatis mutandis.
[This Article Wholly Amended by Act No. 10603, Apr. 28, 2011]
 Article 8 (Qualifications and Disqualifications for Appointment of Employees)
(1) Employees of the Security Service shall be appointed from among physically healthy and well-behaved persons with sound mind. <Amended by Act No. 11689, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) None of the following persons shall be appointed as an employee:
1. A person who has no Korean nationality;
2. A person who falls under any subparagraph of Article 33 of the State Public Officials Act.
(3) An employee who falls under any subparagraph of paragraph (2) (excluding those under subparagraph 5 of Article 33 of the State Public Officials Act) shall be discharged from office automatically.
[This Article Wholly Amended by Act No. 10603, Apr. 28, 2011]
 Article 9 (Duty of Confidentiality)
(1) No public official of the Security Service (including persons who retired or resigned from office and persons who returned to the institution to which they originally belonged; the same shall apply hereafter in this Article) shall divulge any confidential information which becomes known to him/her in the scope of his/her duties.
(2) If a public official of the Security Service intends to publish or otherwise disclose to the public any fact related to the duties of the Security Service, he/she shall obtain permission from the Chief therefor in advance. <Amended by Act No. 11689, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 10603, Apr. 28, 2011]
 Article 10 (Termination by Authority)
(1) The authority for appointment may terminate an employee (excluding State public officials in special civil service; the same shall apply hereafter in this Article) from service by exercising his/her authority, if the person falls under any of the following subparagraphs:
1. If a person is unable to continue to perform his/her duties for six or more months due to a physical or mental disorder;
2. If a person significantly lacks the capability of performance of his/her duties or has shown extremely bad attitude in service and thus he/she is found incompetent as an employee;
3. If a position is abolished or the number of employees exceeds the full number of staff due to a change or disbandment of the organization, abolition of the full number of staff or a reduction of budget;
4. If a person fails to resume his/her service without a justifiable ground even after a period of leave of absence ends or a cause for leave of absence terminates;
5. If a person was ordered to wait for assignment due to the lack of capability for performance of his/her duties or his/her extremely poor performance of service, as prescribed by Presidential Decree, and it is found during the period that it is difficult to expect that he/she can improve his/her capability or performance of service during the period;
6. If a person's qualification certificate or license necessary for the performance of his/her duties at the relevant class becomes ineffective or is cancelled and thus the person is unable to continue to perform his/her duties;
(2) Where a person falls under paragraph (1) 2 or 5 and is terminated from service, the termination shall obtain consent from the High Disciplinary Committee, as prescribed by Presidential Decree.
(3) As regards the termination from service under paragraph (1) 3, guidelines for the termination shall be prescribed, taking into consideration the form of appointment, results of performance, the capability for performance of duties, and record of disciplinary action taken. In such cases, a person terminated from service may be re-appointed preferentially to a vacancy whenever there is a vacancy.
(4) When it is intended to prescribe guidelines for the termination from service under paragraph (3) or determine a person subject to termination under paragraph (1) 3, a decision thereon shall be made through deliberation and resolution by the Personnel Committee, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10603, Apr. 28, 2011]
 Article 11 (Retirement Ages)
(1) The retirement age of security officers shall be classified as follows: <Amended by Act No. 12044, Aug. 13, 2013>
1. Retirement time in age:
(a) Grade V or higher: 58 years of age;
(b) Grade VI or lower: 55 years of age;
2. Retirement time in grade:
(a) Grade II: 4 years;
(b) Grade III: 7 years;
(c) Grade IV: 12 years;
(d) Grade V: 16 years.
(2) If a security officer is demoted, his/her period of service at the higher rank he/she held before demotion shall be included in the period of service at the demoted rank in calculating the period of service for the retirement time in grade under paragraph (1) 2.
(3) A security officer shall be automatically dismissed from service on June 30, if the date on which he/she attains the retirement age falls in the period between January and June, or on December 31, if the date on which he/she attains retirement age falls in the period between July and December.
(4) and (5) Deleted. <by Act No. 12044, Aug. 13, 2013>
[This Article Wholly Amended by Act No. 10603, Apr. 28, 2011]
 Article 12 (Disciplinary Action)
(1) The High Disciplinary Committee and the General Disciplinary Committee shall be installed in the Security Service in order to examine and resolve matters regarding disciplinary action against employees. <Amended by Act No. 11689, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) Each Disciplinary Committee shall be comprised of one chairperson and at least four, but not exceeding six, committee members.
(3) A disciplinary action against an employee shall be taken by the Chief through resolution by a Disciplinary Committee: Provided, That the expulsion or removal of a Grade V or higher-ranking employee shall be made by the President at the request of the Chief through resolution by the High Disciplinary Committee. <Amended by Act No. 14839, Jul. 26, 2017
(4) Matters necessary for the composition and operation of each Disciplinary Committee shall be prescribed by Presidential Decree.
 Article 13 (Compensation)
A person who resigns from service as an employee due to a wound or an injury inflicted while performing security service for a person eligible for security service under any subparagraph of Article 4 (1) or in connection with such security service, his/her family members and family members of a decedent who died while in such security service shall be entitled to the compensation under the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State or the Act on Support for Persons Eligible for Veteran’s Compensation, as prescribed by Presidential Decree. <Amended by Act No. 11042, Sep. 15, 2011>
[This Article Wholly Amended by Act No. 10603, Apr. 28, 2011]
 Article 14 (Relationship to the State Public Officials Act, etc.)
(1) Matters regarding the employment of new employees, the conduct of examinations, promotion, the evaluation of performance of service, remuneration, education, and training of employees shall be prescribed by Presidential Decree.
(2) Except as expressly provided for in this Act, the State Public Officials Act shall apply mutatis mutandis to employees.
[This Article Wholly Amended by Act No. 10603, Apr. 28, 2011]
 Article 15 (Request to State Agencies, etc. for Cooperation)
When the Chief considers it necessary for service, he/she may request the head of a state agency, a local government, or any other public organization to dispatch a public official or an employee under his/her control or to provide cooperation otherwise as may be necessary. <Amended by Act. No. 11296, Feb. 2, 2012; Act No. 11689, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 10603, Apr. 28, 2011]
 Article 16 (Committee on Measures for Security and Safety of President)
(1) In order to clarify responsibilities of related ministries and for related agencies to smoothly cooperate with one another in performing security service for persons eligible for the security service under subparagraphs of Article 4 (1), the Security Service shall have the Committee on Measures for Security and Safety of President (hereinafter referred to as the "Committee"). <Amended by Act. No. 11296, Feb. 2, 2012; Act No. 11689, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The Committee shall be comprised of up to 20 committee members, including one chairperson and one vice chairperson.
(3) The Chief shall serve as the chairperson, the Deputy Chief as the vice chairperson, and public officials of the related agencies prescribed by Presidential Decree as committee members. <Amended by Act. No. 11296, Feb. 2, 2012; Act No. 11689, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(4) The Committee shall take charge of the following matters:
1. Discussion about duties related to safety measures necessary for security service for the President;
2. Exchange and analysis of intelligence and information related to security service for the President;
3. Other matters deemed necessary for security service for persons eligible for the security service under the subparagraphs of Article 4 (1).
(5) Matters necessary for the composition and operation of the Committee shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10603, Apr. 28, 2011]
 Article 17 (Judicial Police Power of Security Officers)
(1) A security officer (referring to a security officer designated by the Chief Public Prosecutor of the Seoul Central District Public Prosecutors' Office at the request of the Chief; the same shall apply hereafter in this Article) may carry out duties as a judicial police officer within the extent necessary for urgent action in performing his/her duties or investigation with regard to a crime discovered in the course of performance of security service for persons eligible for the security service under the subparagraphs of Article 4 (1) and that is within the scope of his/her duties. <Amended by Act No. 11689, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) In cases falling under paragraph (1), a Grade VII or higher-ranking security officer shall perform his/her duties as a senior judicial police officer, and a Grade VIII or lower-ranking security officer shall perform his/her duties as a junior judicial police officer.
[This Article Wholly Amended by Act No. 10603, Apr. 28, 2011]
 Article 18 (Prohibition of Abuse of Authority, etc.)
(1) No public official of the Security Service shall abuse his/her authority.
(2) No police officer dispatched to the Security Service shall perform any duty as a police officer other than the missions specified in this Act. <Amended by Act No. 11689, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 10603, Apr. 28, 2011]
 Article 19 (Carrying and Use of Weapons)
(1) When the Chief considers it necessary for the performance of duties, he/she may permit public officials of the Security Service to carry weapons with them. <Amended by Act No. 11689, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) If a person who carries a weapon with him/her pursuant to paragraph (1) has a reasonable ground to believe that it is necessary for the performance of his/her duties, he/she may use the weapon within the extent that he/she judges inevitable in dealing with the relevant incident: Provided, That he/she shall not harm any one except for any of the following cases:
1. Where the use of a weapon constitutes self-defense or an act out of necessity under Article 21 or 22 of the Criminal Act;
2. Where a public official of the Security Service has a reasonable ground to suspect that a person commits or has committed a crime discovered within his/her remit in the course of performing security service for a person eligible for the security service under any subparagraph of Article 4 (1) and that shall be punished by imprisonment, with or without prison labor, either for life or for three or more years; the person obstructs the public official's execution of his/her duties or attempts to escape or a third party resists against the public official in an attempt to aid the person to escape; and the public official has a reasonable ground to believe that he/she has no means but the use of a weapon in order to subdue resistance or arrest the person;
3. Where a person at nighttime or a group of persons carries a deadly weapon or any other dangerous item and obstructs a public official of the Security Service in an attempt to interfere with security service and the public official has a reasonable ground to believe that he/she has no means, but the use of a weapon in order to subdue resistance or arrest the person or persons.
[This Article Wholly Amended by Act No. 10603, Apr. 28, 2011]
 Article 20 Deleted. <by Act No. 10603, Apr. 28, 2011>
 Article 21 (Penal Provisions)
(1) Any person who violates Article 9 (1), 18, or 19 (2) shall be punished by imprisonment, with or without prison labor, for not more than five years or by a fine not exceeding ten million won.
(2) Any person who violates Article 9 (2) shall be punished by imprisonment, with or without prison labor, for not more than two years or by a fine not exceeding five million won.
[This Article Wholly Amended by Act No. 10603, Apr. 28, 2011]
ADDENDUM
This Act shall enter into force on December 17, 1963.
ADDENDUM <Act No. 3358, Jan. 29, 1981>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 6087, Dec. 31, 1999>
(1) (Enforcement Date) This Act shall enter into force on January 1, 2000.
(2) (Legal Fiction of Appointment of Public Officials in Service) Bodyguards at various levels equivalent to Grade II through Grade IX who are in service when this Act enters into force shall be deemed appointed as security officers of Grade III through Grade IX, respectively.
(3) (Transitional Measure concerning Counting of Beginning of Retirement Time in Grade) The retirement time in grade of a security public official who is in service as a bodyguard when this Act enters into force shall be counted from the date on which the person was appointed as a bodyguard of a previous equivalent grade.
(4) Omitted.
ADDENDUM<Act No. 7388, Mar. 10, 2005>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 8857, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Act No. 8872, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure concerning Public Officials Following Change of Organization)
Public officials of the Office of Presidential Security Service who are in service when this Act enters into force shall be deemed public officials of the Presidential Security Service under this Act.
Article 3 Omitted.
Article 4 (Relationship to Other Acts and Subordinates)
The citation of the previous Act or any of its provisions by any other Act or subordinate statute in force as at the time when this Act enters into force shall be deemed the citation of this Act or the relevant provision respectively in lieu of the previous provision, if such relevant provision exists in this Act.
ADDENDUM <Act No. 10060, Mar. 12, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 10603, Apr. 28, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11042, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2012.
Article 2 Omitted.
ADDENDUM <Act No. 11296, Feb. 2, 2012>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11530, Dec. 11, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11689, Mar. 23, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12044, Aug. 13, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Retirement Time in Age)
Notwithstanding the amended provisions of Article 11 (1) 1, the retirement age in age of security officers of Grade V or higher who reach the retirement age in grade during the period from the year 2013 to 2014 under the former provisions shall be 56 years of age, while those who reach it during the period from the year 2015 to 2016 shall be 57 years of age and those who reach it in the year 2017 or later shall be 58 years of age.
Article 3 (Transitional Measures concerning Retirement Time in Grade)
Notwithstanding the amended provisions of Article 11 (1) 2, former provisions for retirement time in grade shall apply to security officers who are Grade II or III as at the time this Act enters into force and the security officers of Grade V or higher who are scheduled to be retired in the year this Act enters into force.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended under Article 5 of the Addenda, amendments to an Act, which was promulgated before this Act enters into force but the date it enters into force has yet to arrive, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 6 Omitted.