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ACT ON PROBATION AND ELECTRONIC MONITORING, ETC. OF SPECIFIC CRIMINAL OFFENDERS

Act No. 11558, Dec. 18, 2012

Amended by Act No. 11572, Dec. 18, 2012

Act No. 11731, Apr. 5, 2013

Act No. 12197, Jan. 7, 2014

Act No. 13722, Jan. 6, 2016

Act No. 14414, Dec. 20, 2016

Act No. 14975, Oct. 31, 2017

Act No. 15161, Dec. 12, 2017

Act No. 15494, Mar. 20, 2018

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to promote the healthy rehabilitation of specific criminal offenders by providing supervision, care and help through probation, etc. after they have served a sentence for preventing recidivism; and to protect citizens from specific crimes by taking additional measures, such as requiring specific criminal offenders to wear an electronic tracking device. <Amended by Act No. 9654, May 8, 2009; Act No. 11558, Dec. 18, 2012>
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 8634, Aug. 3, 2007; Act No. 9654, May 8, 2009; Act No. 9765, Jun. 9, 2009; Act No. 10257, Apr. 15, 2010; Act Nos. 11556&11558, Dec. 18, 2012; Act No. 11731, Apr. 5, 2013; Act No. 14975, Oct. 31, 2017>
1. The term "specific crime" means any sex crime, abduction of a minor, homicide and robbery;
2. The term "sex crime" means any of the following:
(a) Crimes provided for in Articles 297, 297-2, 298, 299, 300, 301, 301-2, 302, 303, 305 and 305-2 among crimes of rape and molestation provided for in Chapter XXXII of Part II of the Criminal Act; and crimes provided for in Articles 339, 340 (3) (limited to rape) and 342 (limited to a person who attempts to commit rape in relation to Articles 339 and 340 (3)) among crimes of larceny and robbery provided for in Chapter XXXVIII of Part II of the Criminal Act;
(b) Crimes provided for in Articles 3 through 10 and Article 15 (limited to a person who attempts to commit any crimes provided for in Articles 3 through 9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
(d) Crimes provided for in items (a) through (c), which are subject to aggravated punishment pursuant to other Acts;
3. The term "abduction of a minor" means any of the following:
(a) Crimes provided for in Articles 287 through 292, 294, 296, 324-2 and 336 of the Criminal Act committed against minors;
(b) Crimes provided for in Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against minors;
(c) Crimes provided for in items (a) and (b), which are subject to aggravated punishment pursuant to other Acts;
3-2. The term "homicide" means any of the following:
(a) Crimes provided for in Articles 88 and 89 (limited to a person who attempts to commit any crimes provided for in Article 88) among crimes of insurrection provided for in Chapter I of Part II of the Criminal Act; crimes provided for in Articles 250, 251, 252, 253, 254 and 255 among crimes of homicide provided for in Chapter XXIV of Part II of the aforesaid Act; crimes provided for in the former part of Article 301-2 among crimes of rape and molestation provided for in Chapter XXXII of Part II of the aforesaid Act; crimes provided for in the former part of Article 324-4 and Article 324-5 (limited to a person who attempts to commit any crimes provided for in the former part of Article 324-4) among crimes of obstructing another from exercising his/her right provided for in Chapter XXXVII of Part II; and crimes provided for in the former part of Article 338, Articles 340 (3) (limited to a crime of killing a person) and 342 (limited to a person who attempts to kill a person among the crimes provided for in the former part of Article 338 and Article 340 (3)) among crimes of larceny and robbery provided for in Chapter XXXVIII of Part II of the aforesaid Act;
(b) Crimes provided for in Articles 9 (1) and 15 (limited to a person who attempts to commit any crimes provided for in under Article 9 (1)) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
(d) Crimes provided for in Article 5-2 (2) 2 and paragraph (6) of the aforesaid Article (limited to a person who attempts to commit any crimes provided for in paragraph (2) 2 of the same Article) of the Act on the Aggravated Punishment, etc. of Specific Crimes;
(e) Crimes provided for in items (a) through (d), which are subject to aggravated punishment pursuant to other Acts;
3-3. The term "robbery" means any of the following:
(a) Crimes provided for in Articles 333, 334, 335, 336, 337, 338, 339, 340, 341, 342 (limited to a person who attempts to commit any crimes provided for in Articles 333 through 341) and 343 among crimes of larceny and robbery provided for in Chapter XXXVIII of Part II of the Criminal Act;
(b) Crimes provided for in Articles 3 (2) and 15 (limited to a person who attempts to commit any crime provided for in Article 3 (2)) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
(c) Crimes provided for in items (a) and (b), which are subject to aggravated punishment pursuant to other Acts;
4. The term "electronic tracking device” (hereinafter referred to as "electronic device") means any mechanical unit prescribed by Presidential Decree that enables the detection of its location or movements by transmitting and tracking a radio frequency signal.
 Article 3 (Responsibility of the State)
The State shall take due care to prevent unlawful infringement on citizens' rights in the course of enforcing this Act.
 Article 4 (Scope of Application)
An order to attach an electronic device sentenced to a minor under 19 years of age shall not be executed until the minor attains said age. <Amended by Act No. 9654, May 8, 2009>
CHAPTER II ATTACHMENT OF ELECTRONIC DEVICE AFTER COMPLETION OF SENTENCE
 Article 5 (Application for Order to Attach Electronic Device)
(1) A public prosecutor may apply to the court for an order to attach an electronic device (hereinafter referred to as "order to attach an electronic device") to a person deemed to pose a risk of recommitting a sex crime, if: <Amended by Act No. 9112, Jun. 13, 2008; Act No. 10257, Apr. 15, 2010; Act No. 11558, Dec. 18, 2012>
1. The person recommits a sex crime within ten years from the time he/she served, or was exempted from serving, a sentence of imprisonment with labor for committing a sex crime;
2. The person who once wore an electronic device under this Act for committing a sex crime recommits a sex crime;
3. The person is found to have a propensity to recommit a sex crime because he/she has committed a sex crime at least twice (including where he/she has been convicted by a final and conclusive ruling);
4. The person recommits a sex crime against a minor under 19 years of age;
5. The person recommits a sex crime against a person who has a physical or mental disability.
(2) A public prosecutor may apply to the court for an order to attach an electronic device to a person who has abducted a minor and is deemed to pose a risk of abducting a minor again: Provided, That the public prosecutor must apply to the court for an order to attach an electronic device to a person who has abducted a minor again after the person served, or was exempted from serving, a sentence of imprisonment with labor or severer punishment for abducting a minor. <Newly Inserted by Act No. 9654, May 8, 2009; Act No. 10257, Apr. 15, 2010>
(3) A public prosecutor may apply to the court for an order an order to attach an electronic device to a person who has committed homicide and is deemed to pose a risk of recommitting homicide: Provided, That the public prosecutor must apply to the court for an order to attach an electronic device to a person who has recommitted homicide after the person served or was exempted from serving a sentence of imprisonment or severer punishment for committing homicide. <Newly Inserted by Act No. 10257, Apr. 15, 2010>
(4) A public prosecutor may apply to the court for an order an order to attach an electronic device to a person who is deemed to pose a risk of recommitting robbery, if: <Newly Inserted by Act No. 11558, Dec. 18, 2012>
1. The person recommits robbery within ten years from the time he/she served, or was exempted from serving, a sentence of imprisonment with labor for committing robbery;
2. The person who once wore an electronic device under this Act for committing robbery recommits robbery;
3. The person is found to have a propensity to recommit robbery because he/she has committed robbery at least twice (including where he/she has been convicted by a final and conclusive ruling).
(5) An application for an order to attach an electronic device under paragraphs (1) through (4) shall be made before the closing of the oral proceedings in the appellate trial on a specific criminal case prosecuted. <Amended by Act No. 9654, May 8, 2009; Act No. 10257, Apr. 15, 2010; Act No. 11558, Dec. 18, 2012>
(6) The court may require the public prosecutor to apply for an order to attach an electronic device where deemed necessary to issue an order to attach an electronic device after hearing the specific criminal case prosecuted. <Amended by Act No. 9654, May 8, 2009>
(7) No application for an order to attach an electronic device can be made regarding any specific criminal case provided for in paragraphs (1) through (4) after 15 years have passed without a ruling thereon becoming final and conclusive since it was prosecuted. <Amended by Act No. 9654, May 8, 2009; Act No. 10257, Apr. 15, 2010; Act No. 11558, Dec. 18, 2012>
 Article 6 (Investigation)
(1) A public prosecutor may request the head of the probation office (including its branch office; hereinafter the same shall apply) having jurisdiction over a criminal suspect’s place of residence or the location of the competent public prosecutor's office (including its branch office; hereinafter the same shall apply) to investigate the motives for the crime, relationship with the victim, his/her mental state, a risk of recommitting a crime, and other necessary matters regarding the criminal suspect, if deemed necessary to apply to the court for an order to attach an electronic device.
(2) Upon receipt of a request under paragraph (1), the head of the relevant probation office shall designate a probation officer to conduct an investigation.
(3) The probation officer designated pursuant to paragraph (2) shall promptly investigate necessary matters and submit an investigation report to the public prosecutor. <Amended by Act No. 11558, Dec. 18, 2012>
(4) A public prosecutor may require the head of the probation office in receipt of a request under paragraph (1) to report the progress of the investigation. <Newly Inserted by Act No. 11558, Dec. 18, 2012>
(5) A public prosecutor shall refer to the results of the psychiatric assessment and other expert diagnosis of the suspect, if necessary to apply to the court for an order to attach an electronic device.
 Article 7 (Jurisdiction of Case in which Application for Order to Attach Electronic Device is Made)
(1) The jurisdiction of a case in which an application for an order to attach an electronic device is made shall be the jurisdiction of a specific criminal case heard concurrently with such case. <Amended by Act No. 9654, May 8, 2009>
(2) The first instance trial on a case in which an application for an order to attach an electronic device is made shall be under the jurisdiction of the collegiate division of a district court (including the collegiate division of a branch court thereof; hereinafter the same shall apply).
 Article 8 (Matters, etc. to be Stated in Application for Order to Attach Electronic Device)
(1) The following shall be stated in an application for an order to attach an electronic device:
1. The name of the person for whom an order to attach an electronic device is applied (hereinafter referred to as “person subject to an application for an order to attach an electronic device”) and other descriptions to identify the person subject to an application for an order to attach an electronic device;
2. Facts constituting the grounds for the application;
3. Applicable legal provisions;
4. Other matters prescribed by Presidential Decree.
(2) Upon receipt of an application for an order to attach an electronic device, the court shall send a copy of the application immediately to the person subject to the application for an order to attach an electronic device or his/her attorney-at-law. In such cases, if the application is made concurrently with prosecuting the relevant specific criminal case, a copy of the application shall be sent not later than five days before the date of the initial trial; and if such application is made while the relevant specific criminal case is heard, not later than five days before the date of the next trial. <Amended by Act No. 9654, May 8, 2009>
 Article 9 (Ruling, etc. on Order to Attach Electronic Device)
(1) Where an application for an order to attach an electronic device is deemed well-grounded, the court shall rule to sentence the relevant offender to an order to attach an electronic device, specifying the period of electronic monitoring within the following applicable periods: Provided, That when a specific crime is committed against a person under 19 years of age, the minimum period of electronic monitoring shall be the double the minimum period of electronic monitoring specified in the following: <Amended by Act No. 9112, Jun. 13, 2008; Act No. 10257, Apr. 15, 2010; Act No. 11558, Dec. 18, 2012>
1. Specific crimes, the maximum statutory penalty for which is the death penalty or imprisonment for life: From 10 to 30 years;
2. Specific crimes, the minimal sentence of statutory penalty for which is imprisonment for a term of at least three years (excluding the specific crimes referred to in subparagraph 1): From 3 to 20 years;
3. Specific crimes, the minimal sentence of statutory penalty for which is imprisonment for a term of less than three years (excluding the specific crimes referred to in subparagraphs 1 and 2): From 1 to 10 years.
(2) When issuing an order to attach an electronic device to an offender simultaneously for several specific crimes, the period of electronic monitoring shall be increased by 1/2 of the maximum period of electronic monitoring for the most serious crime he/she committed, but shall not exceed the sum of the maximum period of electronic monitoring for each crime he/she committed: Provided, That where one act constitutes several specific crimes, the offender must be on electronic device for the period specified for the most serious crime he/she committed. <Newly Inserted by Act No. 10257, Apr. 15, 2010>
(3) A person who is subject to an order to attach an electronic device shall be on probation under the Act on Probation, Etc. during the period of electronic monitoring. <Newly Inserted by Act No. 10257, Apr. 15, 2010>
(4) The court shall rule to reject an application for an order to attach an electronic device, if: <Amended by Act No. 9112, Jun. 13, 2008; Act No. 9654, May 8, 2009>
1. It deems that the application for an order to attach an electronic device is groundless;
2. It determines that the accused is not guilty (excluding where medical treatment and custody is pronounced on the grounds of insanity) or it renders a judgment or ruling to acquit or dismiss a case regarding a specific criminal case;
3. It pronounces a fine regarding a specific criminal case;
4. It pronounces the suspension of a sentence or a stay of execution regarding a specific criminal case (excluding where an order to attach an electronic device is issued pursuant to Article 28 (1)).
(5) A ruling on a case in which an application for an order to attach an electronic device is made shall be rendered concurrently with a ruling on the relevant specific criminal case. <Amended by Act No. 9654, May 8, 2009>
(6) A written ruling sentencing an offender to an order to attach an electronic device shall state the facts that justify the ruling, a summary of evidence and applicable provisions.
(7) A sentence requiring an offender to wear an electronic device shall not favorably affect the determination of punishment for the relevant specific criminal case. <Amended by Act No. 9654, May 8, 2009>
(8) When an appeal is filed regarding a ruling on a specific criminal case or such appeal is waived or withdrawn, an appeal is deemed filed regarding a ruling on a case in which an application for an order to attach an electronic device is made or such appeal is deemed waived or withdrawn. The same shall also apply where an application for reinstating the right of appeal or for retrial or an extraordinary appeal is filed. <Amended by Act No. 9654, May 8, 2009>
(9) Notwithstanding paragraph (8), a public prosecutor, a person subject to an application for an order to attach an electronic device, and a person referred to in Article 340 or 341 of the Criminal Procedure Act may file an appeal regarding an order to attach an electronic device; or may waive or withdraw such appeal, separately from the relevant specific criminal case. The same shall also apply to an application for reinstating the right of appeal or for retrial or an extraordinary appeal is filed. <Amended by Act No. 10257, Apr. 15, 2010>
 Article 9-2 (Terms and Conditions to Comply with)
(1) The court may impose at least one of the following terms and conditions, specifying the period for compliance within the period of electronic monitoring when it issues an order to attach an electronic device to the offender under Article 9 (1): Provided, That the court shall determine the period for compliance with the condition provided for in subparagraph 4 within 500 hours: <Amended by Act No. 10257, Apr. 15, 2010>
1. Times at which the offender must be at his/her place of residence, such as night curfew;
2. Places and areas that the offender must not visit;
2-2. Where the offender may or may not reside;
3. Classes of person, including the victim, with whom the offender must not have contact;
4. Treatment or rehabilitation programs that the offender must attend and participate in;
5. Other matters necessary to prevent recidivism by, and to rectify the character and conduct of, the offender subject to an order to attach an electronic device.
(2) Deleted. <by Act No. 10257, Apr. 15, 2010>
[This Article Newly Inserted by Act No. 9112, Jun. 13, 2008]
 Article 10 (Notification of Ruling etc. to Issue Order to Attach Electronic Device)
(1) Upon its ruling to issue an order to attach an electronic device under Article 9, the court shall send a certified copy of the written ruling to the head of the probation office having jurisdiction over the place of residence of the person sentenced to the order to attach an electronic device (hereinafter referred to as "person ordered to wear an electronic device") within three days from the date the court rules to issue such order.
(2) The head of a correctional facility, juvenile detention center, detention center, institute of forensic psychiatry or military correctional facility (hereinafter referred to as "head of a correctional facility or similar facility") shall notify the release of a person ordered to attach an electronic device to the head of the probation office having jurisdiction over the person’s nominated place of residence by five days prior to such person’s release. <Amended by Act No. 9112, Jun. 13, 2008>
 Article 11 (Court-Appointed Defense Counsel, etc.)
The provisions of Articles 282 and 283 of the Criminal Procedure Act shall apply mutatis mutandis to a case in which an application for an order to attach an electronic device is made. <Amended by Act No. 10257, Apr. 15, 2010>
 Article 12 (Directions for Execution)
(1) An order to attach an electronic device shall be executed by the supervising probation officer at the direction of a public prosecutor.
(2) The direction under paragraph (1) shall be given in writing accompanied by a certified copy of the written ruling.
 Article 13 (Execution of Order to Attach Electronic Device)
(1) An order to attach an electronic device shall be executed by attaching an electronic device to the body of the person ordered to wear an electronic device immediately prior to his/her release on the date the person completes or is exempted from serving a sentence on a specific criminal case or is paroled from prison; or medical treatment while in custody is terminated or provisionally terminated: Provided, That in the following cases, an order to attach an electronic device shall be executed as follows: <Amended by Act No. 9112, Jun. 13, 2008; Act No. 9654, May 8, 2009; Act No. 11558, Dec. 18, 2012; Act No. 14975, Oct. 31, 2017>
1. Where the relevant person is serving a sentence or is receiving medical treatment while in custody due to a crime case other than the specific criminal case that formed grounds for the court to issue an order to attach an electronic device, the aforesaid order shall be executed from the date that person completes the sentence on any crime case other than the specific criminal case that formed grounds for the court to issue the aforesaid order; is exempted from serving the sentence; is paroled from prison; or medical treatment while in custody is terminated or provisionally terminated;
2. Where the person ordered to wear an electronic device has been released at the time the court rules to issue an order to attach an electronic device and has already served a sentence for such reasons as including the number of days of pre-trial detention, the order to attach an electronic device shall be executed from the date the court rules to issue an order to attach an electronic device.
(2) Where an order to attach an electronic device is executed pursuant to paragraph (1) 2, the head of a probation office may summon the person ordered to wear an electronic device; and where the person ordered to wear an electronic device fails to appear at the probation office, the head of the probation office may arrest the person ordered to wear an electronic device with a warrant to execute the order to attach an electronic device issued by applying to the public prosecutor of the competent district prosecutor's office. <Newly Inserted by Act No. 14975, Oct. 31, 2017>
(3) The head of the probation office that arrests the person ordered to wear an electronic device pursuant to paragraph (2) shall release such person immediately after having executed the order to attach an electronic device. <Newly Inserted by Act No. 14975, Oct. 31, 2017>
(4) An order to attach an electronic device shall be executed without harming the body.
(5) Where multiple orders to attach an electronic device are issued, they shall be executed in the order they are decided. <Newly Inserted by Act No. 10257, Apr. 15, 2010>
(6) An order to attach an electronic device shall be suspended, if: <Amended by Act No. 9112, Jun. 13, 2008; Act No. 10257, Apr. 15, 2010>
1. The person ordered to wear an electronic device is detained under an arrest warrant for committing another crime while the order to attach an electronic device is in force;
2. The person ordered to wear an electronic device is sentenced to imprisonment without labor or severer punishment for committing another crime while the order to attach an electronic device is in force;
3. Parole is revoked or provision termination becomes invalid regarding the person who was paroled from prison or his/her medical treatment while in custody was provisionally terminated, during the period of electronic monitoring.
(7) Notwithstanding paragraph (6) 1, where a person detained under an arrest warrant is released from detention for any of the following reasons, an order to attach an electronic device shall be deemed executed for the period of detention: <Newly Inserted Act No. 15161, Dec. 12, 2017>
1. Where the public prosecutor does not prosecute the relevant case because the public prosecutor determines that the accused is cleared of suspicion or not guilty; he/she has no power to file prosecution or dismisses a case;
2. Where the court determines that the person is not guilty, renders a judgment or ruling to acquit or dismiss a case.
(8) An order to attach an electronic device, which is suspended pursuant to paragraph (6), shall be executed during the remaining period of the order as follows: <Amended by Act No. 9112, Jun. 13, 2008; Act No. 10257, Apr. 15, 2010; Act No. 14975, Oct. 31, 2017; Act No. 15161, Dec. 12, 2017>
1. In cases falling under paragraph (6) 1, the order shall be executed for the remaining period commencing from the time the detention is released or the non-execution of imprisonment or severer punishment becomes final and conclusive;
2. In cases falling under paragraph (6) 2, the order shall be executed for the remaining period commencing from the time the execution of the sentence is terminated or exempted or parole is commenced;
3. In cases falling under paragraph (6) 3, the order shall be executed for the remaining period commencing from the time the execution of the sentence or medical treatment and custody is terminated or exempted.
(9) Except as provided for in paragraphs (1) through (8), matters necessary for executing and suspending an order to attach an electronic device shall be prescribed by Presidential Decree. <Amended by Act No. 14975, Oct. 31, 2017; Act No. 15161, Dec. 12, 2017>
 Article 14 (Obligations of Electronic Device Wearers)
(1) A person fitted with an electronic device is attached (hereinafter referred to as "electronic device wearer") shall not remove the electronic device from his/her body or destroy it without permission; disrupt its radio frequency signal; alter the data received; or otherwise tamper with the device during the period of electronic monitoring.
(2) An electronic device wearer shall appear in person at the probation office having jurisdiction over his/her place of residence and file a written report on information, etc. prescribed by Presidential Decree relating to his/her personal affairs, within ten days from the date he/she completes or is exempted from serving a sentence on a specific criminal case or is paroled from prison. <Newly Inserted by Act No. 10257, Apr. 15, 2010; Act No. 15161, Dec. 12, 2017>
(3) An electronic device wearer shall obtain prior permission from the supervising probation officer if he/she intends to change his/her residence or travel domestically or internationally for at least seven days. <Amended by Act No. 10257, Apr. 15, 2010>
 Article 14-2 (Extension, etc. of Period of Electronic Monitoring)
(1) Upon application by a public prosecutor following a request by the head of the relevant probation office, the court may decide to extend the period of electronic monitoring for an electronic device wearer within one year or add to or revise the terms and conditions provided for in Article 9 (1), if: <Amended by Act No. 15494, Mar. 20, 2018>
1. The electronic device wearer fails to comply with the terms and conditions provided for in Article 32 of the Act on Probation, Etc. without just cause;
2. The electronic device wearer fails to file a report without just cause, in violation of Article 14 (2);
3. The electronic device wearer changes his/her residence or travel domestically or internationally without permission without just cause, in violation of Article 14 (3);
4. The electronic device wearer fails to return to the Republic of Korea before the period permitted for international travel under Article 14 (3) expires.
(2) Where the court deems that reasonable grounds exist where circumstances change other than those provided for in paragraph (1), it may decide to add to, revise or delete from, the terms and conditions provided for in Article 9 (1) upon application by a public prosecutor following a request by the head of the relevant probation office.
[This Article Newly Inserted by Act No. 10257, Apr. 15, 2010]
 Article 15 (Duties of Probation Officers)
(1) A probation officer shall provide necessary instructions and support to prevent recidivism of an electronic device wearer and to facilitate his/her rehabilitation.
(2) A probation officer may take necessary measures to prevent recidivism of an electronic device wearer and to prevent excess anguish due to shame, including medical treatment at a medical institution adjacent to his/her residence and counseling at a counseling center during the period of electronic monitoring. <Amended by Act No. 11558, Dec. 18, 2012>
(3) If necessary, a probation officer may obtain data to ascertain the attitudes of an electronic device wearer while he/she is serving a sentence or is receiving medical treatment in custody, such as data on education under Article 63 of the Administration and Treatment of Correctional Institution Inmates Act, correctional programs under Article 64 of the same Act and disciplinary punishment under Article 107 of the same Act, by requesting the head of a relevant correctional facility or similar facility before the probation officer commence executing an order to attach an electronic device; and may interview an electronic device wearer who is serving a sentence or is receiving medical treatment in custody. In such cases, the head of the relevant correctional facility or similar facility shall cooperate with the probation officer. <Newly Inserted by Act No. 11558, Dec. 18, 2012>
 Article 16 (Retention, Use, Destruction, etc. of Data Received)
(1) The head of a probation office shall retain data (hereinafter referred to as "data received") received from radio frequency signals transmitted from the electronic devices attached to electronic device wearers.
(2) No data received shall be made available for inspection, access, provision or disclosure except in the following cases: <Amended by Act No. 9654, May 8, 2009; Act No. 15161, Dec. 12, 2017>
1. Where data received is used to investigate, or in a trial on, a specific criminal charge against an electronic device wearer;
2. Where data received is used by a probation officer for providing instructions and support;
3. Where data received is used by the Probation Review Committee established under Article 5 of the Act on Probation, Etc. (hereinafter referred to as the "Review Committee") for reviewing the provisional termination or revocation of an order to attach an electronic device;
4. Where the head of a probation office uses data received to request an investigation into a criminal charge provided for in Article 38 or 39 against an electronic device wearer.
(3) Deleted. <by Act No. 11558, Dec. 18, 2012>
(4) To inspect or access data received on grounds provided for in paragraph (2) 1, a public prosecutor or judicial police officer shall obtain permission from the competent local court (including the competent general military court) or branch court: Provided, That where he/she cannot obtain permission from the competent local court or branch court on grounds of urgency, the public prosecutor or judicial police officer shall first request inspection of, or access to, data received, to the competent local court or branch court; immediately obtain a permit and forward the permit to the head of the relevant probation office. <Amended by Act No. 11558, Dec. 18, 2012; Act No. 15161, Dec. 12, 2017>
(5) Where a public prosecutor or judicial police officer has inspected or accessed data received on grounds of urgency under the proviso to paragraph (4) but fails to obtain a permit from the competent local court or branch court, he/she shall immediately destroy such data, which he/she has inspected or accessed, and give written notice thereof to the head of the relevant probation office. <Newly Inserted by Act No. 11558, Dec. 18, 2012>
(6) The head of a probation office shall destroy data received in any of the following cases: <Amended by Act No. 10257, Apr. 15, 2010>
1. Where a sentence imposed along with an order to attach an electronic device is nullified pursuant to Article 81 of the Criminal Act;
2. Where a sentence imposed along with an order to attach an electronic device becomes void due to a pardon;
3. Where five years have passed since a person was released from an electronic device without being sentenced to the suspension of qualification or severer punishment or re-ordered to wear an electronic device under this Act.
(7) Except as provided for in paragraphs (1) through (6), necessary matters concerning the retention, use, inspection, access, provision, destruction, etc. of data received shall be prescribed by Presidential Decree. <Amended by Act No. 11558, Dec. 18, 2012; Act No. 15161, Dec. 12, 2017>
 Article 16-2 (Provision, etc. of Information Relating to Personal Affairs of Electronic Device Wearer)
(1) Where deemed necessary for preventing and investigating crimes, the head of a probation office may provide any information relating to the personal affairs of an electronic device wearer reported pursuant to Article 14 (2) and facts he/she has become aware of in the course of instructing or supervising the electronic device wearer and other data to the investigation agency, such as the head of the police agency having jurisdiction over the place of residence of the electronic device wearer. <Amended by Act No. 15161, Dec. 12, 2017>
(2) Where the investigation agency deems that any information it has become aware of in the course of preventing and investigating crimes is useful for instructing and supervising an electronic device wearer, it shall provide such information for the head of a probation office. <Amended by Act No. 15161, Dec. 12, 2017>
(3) Where an electronic device wearer has committed a crime or the head of a probation office believes on reasonable grounds that the electronic device wearer has committed a crime, the head of the probation office shall notify an investigation agency thereof.
(4) Where an investigation agency becomes aware that a person arrested or detained is wearing an electronic device, the investigation agency shall notify the head of the probation office having jurisdiction over the residence of that person thereof.
(5) Procedures for provision and notification and management of information relating to personal affairs of electronic device wearers under paragraphs (1) through (4) and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11558, Dec. 18, 2012]
 Article 17 (Application, etc. for Provisional Termination of Order to Attach Electronic Device)
(1) The head of a probation office, or an electronic device wearer or his/her legal representative may apply for provisional termination of an order to attach an electronic device, to the Review Committee having jurisdiction over the probation office.
(2) An application referred to in paragraph (1) shall be filed three months after the date on which an order to attach an electronic device is executed. If the application is rejected, it may be filed again three months after such rejection.
(3) To apply for provisional termination under paragraph (2), an application shall be accompanied by reference materials for examining the provisional termination.
 Article 18 (Review of, and Decision on, Provisional Termination of Order to Attach Electronic Device)
(1) The Review Committee shall consider opinions of probation officers and other experts about the character and attitudes of an electronic device wearer, the status of implementation of an order to attach an electronic device, and the risk of recommitting a crime, when reviewing provisional termination of the order. <Amended by Act No. 11558, Dec. 18, 2012>
(2) The Review Committee may request the head of the relevant probation office to investigate necessary matters; or may directly summon, examine or investigate the electronic device wearer or other relevant persons, if necessary to review provisional termination.
(3) Upon receipt of a request under paragraph (2), the head of the probation office shall investigate necessary matters and notify the Review Committee of findings.
(4) The Review Committee may decide to provisionally terminate an order to attach an electronic device, if an electronic device wearer is deemed to pose no risk of recommitting a crime because his/her criminal propensity is rectified to the extent that it is unnecessary to continue the order to attach an electronic device. In such cases, the Review Committee may require the electronic device wearer to regularly report changes of residence and other matters to the head of the probation office.
(5) When the Review Committee decides not to provisionally terminate an order to attach an electronic device, it shall state the grounds therefor in the written ruling.
(6) When an order to attach an electronic device is provisionally terminated pursuant to paragraph (4), probation under Article 9 (3), terms and conditions provided for in Article 9-2 and probation under Article 61 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be deemed provisionally terminated: Provided, That this shall not apply where the Review Committee decides it is necessary to place a relevant offender on probation or to impose terms and conditions. <Newly Inserted by Act No. 9112, Jun. 13, 2008; Act No. 10257, Apr. 15, 2010; Act Nos. 11558 & 11572, Dec. 18, 2012; Act No. 14414, Dec. 20, 2016>
 Article 19 (Revocation, etc. of Provisional Termination)
(1) Where a person subject to provisional termination of an order to attach an electronic device commits a specific crime; fails to report a change of residence and other matters; or is otherwise found to pose a risk of recommitting a crime, the head of the relevant probation office may apply to the competent Review Committee for revocation of provisional termination. In such cases, the Review Committee must revoke the provisional termination if the person subject to provisional termination is deemed to pose a risk of recommitting a crime. <Amended by Act No. 9654, May 8, 2009>
(2) A person in respect of whom provisional termination is revoked pursuant to paragraph (1) must wear an electronic device during the remaining period of the order to attach an electronic device, be placed on probation commencing upon the issuance of such order to attach an electronic device; and shall comply with the terms and conditions imposed (limited to where the period for compliance has not ended). In such cases, the period of provisional termination shall not be included in the period of the order to attach an electronic device. <Amended by Act No. 14414, Dec. 20, 2016>
 Article 20 (Completion of Execution of Order to Attach Electronic Device)
The execution of an order to attach an electronic device issued pursuant to Article 9 shall be completed in any of the following cases:
1. When the period of an order to attach an electronic device has expired;
2. When a sentence imposed along with an order to attach an electronic device becomes void due to a pardon;
3. Deleted; <by Act No. 9112, Jun. 13, 2008>
4. When, regarding a person subject to provisional termination of an order to attach an electronic device, the remaining period of the order to attach an electronic device has passed without revocation of the provisional termination.
 Article 21 (Prescription of Order to Attach Electronic Device)
(1) A person ordered to wear an electronic device shall be exempted from an order to attach an electronic device when the prescription of a sentence on a specific criminal case imposed along with the order to attach an electronic device is completed without execution of such order after the ruling thereon becomes final and conclusive. <Amended by Act No. 9654, May 8, 2009>
(2) The prescription of an order to attach an electronic device shall be interrupted upon arrest of the person ordered to wear an electronic device.
CHAPTER II-2 PROBATION AFTER COMPLETION OF SENTENCE
 Article 21-2 (Application for Probation Order)
A public prosecutor may apply to the court for an order to place any of the following persons on probation (hereinafter referred to as "probation order") under the Act on Probation, Etc. from the time the person has served a sentence:
1. A sex offender who is deemed to pose a risk of recommitting a sex crime;
2. A person who has abducted a minor and is deemed to pose a risk of abducting a minor again;
3. A person who has committed homicide and is deemed to pose a risk of recommitting homicide;
4. A person who has committed robbery and is deemed to pose a risk of recommitting robbery.
[This Article Wholly Amended by Act No. 15161, Dec. 12, 2017]
 Article 21-3 (Ruling on Probation Order)
(1) Where a person referred to in the subparagraphs of Article 21-2 is subject to imprisonment without labor or severer punishment and the court deems that an application for a probation order made by the public prosecutor is well-grounded, it shall rule to issue a probation order to the person for a specified period from between two to five years. <Amended by Act No. 15161, Dec. 12, 2017>
(2) Notwithstanding paragraph (1), where the court deems it necessary to issue a probation order to a person referred to in the subparagraphs of Article 21-2 although it rejects an application for an order to attach an electronic device to the person pursuant to Article 9 (4) 1, it may ex officio issue a probation order to that person for a period prescribed in paragraph (1). <Newly Inserted by Act No. 15161, Dec. 12, 2017>
[This Article Newly Inserted by Act No. 11558, Dec. 18, 2012]
 Article 21-4 (Terms and Conditions)
The court may impose at least one of the terms and conditions provided for in Article 9-2 (1) when it rules to issue a probation order pursuant to Article 21-3: Provided, That the court shall determine the period for compliance with the condition provided for in Article 9-2 (1) 4 within 300 hours.
[This Article Newly Inserted by Act No. 11558, Dec. 18, 2012]
 Article 21-5 (Execution of Probation Order)
A probation order shall be executed from the date a specific criminal offender completes a sentence on a specific criminal case; is exempted from serving a sentence; is paroled from prison; or medical treatment while custody is terminated or provisionally terminated: Provided, That where an offender is serving a sentence or is receiving medical treatment while in custody due to a crime case other than the specific criminal case that formed grounds for the court to issue a probation order, the probation order shall be executed from the date the offender completes the sentence on the crime case other than the specific criminal case that formed grounds for the court to issue such probation order; is exempted from serving the sentence; is paroled from prison; or medical treatment while in custody is terminated or provisionally terminated.
[This Article Newly Inserted by Act No. 11558, Dec. 18, 2012]
 Article 21-6 (Obligations of Probationer)
(1) A probationer shall appear in person at the probation office having jurisdiction over his/her place of residence and file a written report within ten days from the date the probationer completes or is exempted from serving a sentence on a specific criminal case or is paroled from prison.
(2) A probationer shall obtain prior permission from the supervising probation officer if the probationer intends to change his/her residence or travel domestically or internationally for at least seven days.
[This Article Newly Inserted by Act No. 11558, Dec. 18, 2012]
 Article 21-7 (Extension, etc. of Period of Probation)
(1) When a probationer fails to comply with any term or condition provided for in Article 21 (4) or Article 32 of the Act on Probation, Etc. or fails to fulfill any of the obligations provided for in Article 21-6 without just cause, the court may, upon application by a public prosecutor following a request by the head of the relevant probation office, decide to:
1. Extend the period of probation and the period of electronic monitoring, within one year;
2. Add to or revise the terms and conditions provided for in Article 21-4.
(2) Dispositions referred to in the subparagraphs of paragraph (1) may be taken concurrently.
(3) If the court deems that reasonable grounds exist where circumstances change other than those provided for in paragraph (1), it may decide to add to, revise or delete from, the terms and conditions provided for in 21-4 upon application by a public prosecutor following a request by the head of the relevant probation office.
[This Article Newly Inserted by Act No. 11558, Dec. 18, 2012]
 Article 21-8 (Provisions Applicable Mutatis Mutandis)
The provisions of Article 5 (5) and (7), Articles 6 through 8, Article 9 (2) through (9), Articles 9-2, 10 through 12, Article 13 (5) through (9), Articles 15 and 17 through 21 shall apply mutatis mutandis to probationers, and "order to attach an electronic device" shall be construed as "probation order"; "period of electronic monitoring" as "period of probation"; "person subject to an application for an order to attach an electronic device" as "person subject to an application for a probation order"; "electronic device wearer" as "probationer"; and "attachment of an electronic device" as "probation", respectively. <Amended by Act No. 14975, Oct. 31, 2017; Act No. 15161, Dec. 12, 2017>
[This Article Newly Inserted by Act No. 11558, Dec. 18, 2012]
CHAPTER III PAROLE, PROVISIONAL TERMINATION, ETC. AND ATTACHMENT OF ELECTRONIC DEVICE
 Article 22 (Parole and Attachment of Electronic Device)
(1) A specific criminal offender not sentenced to an order to attach an electronic device under Article 9, who is placed on probation after being paroled from prison before completing a sentence, shall wear an electronic device during the period of such parole for such purposes as ascertaining compliance with terms and conditions: Provided, That this shall not apply where the Review Committee has determined it unnecessary to attach an electronic device to such offender. <Amended by Act No. 9654, May 8, 2009; Act No. 11558, Dec. 18, 2012>
(2) The Review Committee shall promptly notify the head of the probation office having jurisdiction over the place of residence of a parolee made to wear an electronic device pursuant to paragraph (1), of matters necessary for attaching an electronic device to the parolee, including his/her identity.
(3) The head of a correctional facility or similar facility shall notify the head of the probation office having jurisdiction over the residence of a person to be paroled, of his/her parole not later than five days before such parole.
 Article 23 (Provisional Termination, etc. and Attachment of Electronic Device)
(1) The Forensic Psychiatry Deliberative Committee referred to in Article 37 of the Medical Treatment and Custody Act (hereinafter referred to as "Forensic Psychiatry Deliberative Committee") may require a specific criminal offender not sentenced to an order to attach an electronic device under Article 9 to wear an electronic device for a specified period not exceeding the period of probation for such purposes as ascertaining compliance with terms and conditions imposed under the Medical Treatment and Custody Act or the Social Protection Act (which was in force prior to repeal by Act No. 7656), if medical treatment for the specific criminal offender while in custody is provisionally terminated or the specific criminal offender is entrusted to another institution for medical treatment during the period of medical treatment while in custody or in protective custody who is provisionally released while in protective custody (hereinafter referred to as "person under provisional termination or release"). <Amended by Act No. 9112, Jun. 13, 2008; Act No. 9654, May 8, 2009; Act No. 10257, Apr. 15, 2010>
(2) Upon deciding to attach an electronic device under paragraph (1), the Forensic Psychiatry Deliberative Committee shall notify such decision to the head of the probation office having jurisdiction over the place of residence of the person ordered to wear an electronic device.
(3) The head of an institute of forensic psychiatry, the head of a facility for protective custody or the head of a correctional facility shall notify the provisional termination of medical treatment while in custody, entrustment for medical treatment or provisional release to the head of the probation office having jurisdiction over the place of residence of the person under provisional termination or release, not later than five days before such provisional termination, entrustment or provisional release. <Amended by Act No. 10257, Apr. 15, 2010>
 Article 24 (Attachment of Electronic Device)
(1) An electronic device shall be attached to a specific criminal offender by the supervising probation officer.
(2) An electronic device shall be attached to a specific criminal offender immediately prior to his/her release from prison, when: <Amended by Act No. 10257, Apr. 15, 2010; Act No. 15161, Dec. 12, 2017>
1. The specific criminal offender is paroled;
2. The specific criminal offender’s medical treatment is provisionally terminated or entrusted to another institution or the specific criminal offender is provisionally released from prison: Provided, That where a person receiving medical treatment while in custody under Article 23 (1) has a remaining period of a sentence imposed along with medical treatment while in custody, or has a sentence to serve due to a crime case other than the specific criminal case that formed grounds for medical treatment while in custody, an electronic device shall be attached to such offender on the date he/she completes the sentence; is exempted from serving the sentence; or is paroled from prison.
(3) If a person is detained upon a detention warrant for a violation of any term and condition of probation during the period of electronic monitoring, the execution of the order shall be suspended. In such cases, the remaining period of such order shall commence from the date the Review Committee rejects an application for revocation of parole filed by the head of the relevant probation office or when the Minister of Justice rejects an application for permission filed by the Review Committee.
 Article 25 (Completion of Execution of Attachment)
The execution of attachment of an electronic device pursuant to Articles 22 and 23 shall be completed in any of the following cases: <Amended by Act No. 10257, Apr. 15, 2010>
1. When the period of parole expires or the parole becomes void or is revoked;
2. When the period of electronic monitoring for a person under provisional termination or release expires or the probation ceases;
3. When a criminal sentence becomes void due to a pardon and remission;
4. Deleted. <by Act No. 10257, Apr. 15, 2010>
 Article 26 (Utilization of Data Received)
Probation officers may utilize data received for such purposes as instructing, supporting and supervising probationers pursuant to the Act on Probation, Etc. and ascertaining whether such probationers comply with terms and conditions of probation.
 Article 27 (Provisions Applicable Mutatis Mutandis)
The provisions of Article 13 (4), (6) 1, (8) 1, and (9), Articles 14, 15, 16, 16-2, and 17 through 19 shall apply mutatis mutandis to the attachment of electronic devices under this Chapter. <Amended by Act No. 10257, Apr. 15, 2010; Act No. 14975, Oct. 31, 2017; Act No. 15161, Dec. 12, 2017>
CHAPTER IV STAY OF EXECUTION AND ORDER TO ATTACH ELECTRONIC DEVICE
 Article 28 (Stay of Execution and Order to Attach Electronic Device)
(1) In issuing a probation order to a specific criminal offender while granting a stay of execution, the court may order the specific criminal offender to wear an electronic device for a specified period not exceeding the period of the probation order for such purposes as ascertaining compliance with terms and conditions of probation. <Amended by Act No. 9654, May 8, 2009>
(2) The court may take necessary measures to prevent a person ordered to wear an electronic device from recommitting a crime, including medical treatment at a nearby medical institution, counseling at a designated counseling center, etc., during the period of the order to attach an electronic device pursuant to paragraph (1).
(3) The court may request the head of the probation office having jurisdiction over the place of residence of the accused or the location of the court to investigate the motives for the crime, relationship with the victim, the mental state, the risk of recidivism, and other necessary matters regarding the accused, if deemed necessary to issue an order to attach an electronic device under paragraph (1).
 Article 29 (Execution of Order to Attach Electronic Device)
(1) An order to attach an electronic device shall be executed from the time a court’s ruling issuing such order becomes final and conclusive.
(2) If a person is detained upon a detention warrant for a violation of any term or condition of probation during the period for which an order to attach an electronic device to the person is in force, the execution of the order to attach an electronic device shall be suspended. In such cases, the remaining period of such order shall commence from the date the public prosecutor rejects an application for revoking a stay of execution filed by the head of the probation office or the date the court rejects an application for revoking a stay of execution filed by the public prosecutor.
 Article 30 (Completion of Execution of Order to Attach Electronic Device)
The execution of an order to attach an electronic device under Article 28 shall be completed in any of the following cases:
1. When the period of the order to attach an electronic device expires;
2. When a stay of execution becomes void or is revoked;
3. When a criminal sentence, which has been stayed, becomes void due to remission;
4. Deleted. <by Act No. 10257, Apr. 15, 2010>
 Article 31 (Provisions Applicable Mutatis Mutandis)
The provisions of Articles 6, 9 (5) through (7), 10 (1), 12, 13 (4), (6) 1, (8) 1 and (9), 14, 15 (1), 16, 16-2 and 17 through 19, and 26 shall apply mutatis mutandis to orders to attach an electronic device issued under this Chapter. <Amended by Act No. 10257, Apr. 15, 2010; Act No. 14975, Oct. 31, 2017; Act No. 15161, Dec. 12, 2017>
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 32 (Calculation of Period of Electronic Monitoring)
(1) The period of electronic monitoring shall commence on the day on which an electronic device is attached to the relevant person, but the first day shall be counted as a full day without consideration of the number of hours involved.
(2) The following periods shall be excluded from the period of electronic monitoring: Provided, That the period of electronic monitoring for a person placed on probation shall not exceed the period of probation: <Amended by Act No. 15494, Mar. 20, 2018>
1. The period for which the electronic device wearer removes the electronic device from his/her body; destroys it; or otherwise tampers with the device, in violation of Article 14 (1);
2. The period for which the electronic device wearer fails to wear the electronic device without just cause from the date the reason for removing the electronic device ceases to exist after it was removed from his/her body due to medical treatment or international travel or for other lawful reasons.
 Article 32-2 (Designation of Probation Officer to Take Full Charge of Execution of Order to Attach Electronic Device, etc.)
The head of a probation office shall designate a probation officer to take full charge of the following matters from among the probation officers of the probation office: <Amended by Act No. 11558, Dec. 18, 2012>
1. Investigating a suspect, which is necessary for making an application for an order to attach an electronic device and a probation order;
2. Executing an order to attach an electronic device and a probation order;
3. Taking measures necessary to prevent recidivism of electronic device wearers and probationers; and to facilitate their rehabilitation;
4. Instructing and supporting and supervising electronic device wearers and probationer, such as ascertaining whether they comply with terms and conditions imposed under the Act on Probation, Etc.
[This Article Newly Inserted by Act No. 10257, Apr. 15, 2010]
 Article 33 (Attachment of Electronic Devices Deemed Provisionally Terminated)
Where probation is provisionally terminated, the attachment of an electronic device shall be deemed provisionally terminated.
 Article 33-2 (Requests for Access to Criminal Records, etc.)
(1) Where it is necessary to investigate whether a person, in whose case the execution of an order to attach an electronic device or a probation order under this Act was completed, has recommitted a crime and to evaluate the effects of the order to attach an electronic device or the probation order, the Minister of justice may request access to the criminal history record and investigation record about the person, from a related agency for five years from the time the execution of such order is completed.
(2) The head of a related agency who receives a request for access under paragraph (1) shall not refuse such request without just cause.
[This Article Newly Inserted by Act No. 15161, Dec. 12, 2017]
 Article 34 (Special Rules for Persons Subject to Military Law)
For the purposes of this Act, the duties provided for in this Act shall be performed by a military court for a court; by a military prosecutor for a public prosecutor; by a military judicial police officer for a judicial police officer; and by the head of a military correctional facility for the head of a correctional facility, respectively, regarding a person provided for in the subparagraph of Article 2 (1) of the Military Court Act. <Amended by Act No. 13722, Jan. 6, 2016>
 Article 35 (Application Mutatis Mutandis of other Acts)
Except as otherwise expressly provided for in this Act, the provisions of the Criminal Procedure Act and the Act on Probation, Etc. shall apply mutatis mutandis in the application of this Act to the extent not contrary to the nature thereof.
CHAPTER VI PENALTY PROVISIONS
 Article 36 (Penalty Provisions)
(1) A person who performs the duty of attaching electronic devices shall be punished by imprisonment with labor for a limited term of not less than one year if the person removes or destroy any electronic device without just cause.
(2) A person who performs the duty of attaching electronic devices shall be punished by imprisonment with labor for a limited term of not less than two years if the person commits a crime provided for in paragraph (1) upon receiving, requesting or promising to accept money or goods.
(3) A person who manages data received shall be punished by imprisonment with labor for a limited term of not less than one year if the person violates Article 16 (2).
 Article 37 (Penalty Provisions)
(1) A person who files a false report with a public office or public official, or commits a crime provided for in Article 152 (1) of the Criminal Act, with intent to cause any third person to be subject to an order to attach an electronic device or a probation order, shall be punished by imprisonment with labor for up to ten years. <Amended by Act No. 11558, Dec. 18, 2012>
(2) A person who commits a crime provided for in Article 154, 233 or 234 (limited to the issuance of a false medical certificate) of the Criminal Act with intent to harm a person subject to an application for an order to attach an electronic device or a probation order, regarding a case in which an application for an order to attach an electronic device or a probation order is made under Chapter II, shall be punished by imprisonment with labor for up to ten years. In such cases, the suspension of qualification for up to ten years shall be concurrently imposed. <Amended by Act No. 11558, Dec. 18, 2012; Act No. 12197, Jan. 7, 2014>
 Article 38 (Penalty Provisions)
(1) An electronic device wearer shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding twenty million won, if he/she removes the electronic device from his/her body or destroys it without permission; disrupts a radio frequency signal; alters the data received; or otherwise tampers with the device during the period of electronic monitoring, in violation of Article 14 (1) (including cases to which aforesaid paragraph applies mutatis mutandis pursuant to Articles 27 and 31). <Amended by Act No. 15161, Dec. 12, 2017>
(2) A person who attempts to commit a crime provided for in paragraph (1) shall be punished. <Newly Inserted by Act No. 15161, Dec. 12, 2017>
 Article 39 (Penalty Provisions)
(1) An electronic device wearer or probationer shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding ten million won, if the electronic device wearer or probationer fails to comply with any term or condition provided for in Article 9-2 (1) 3 or 4 without just cause. <Amended by Act No. 11558, Dec. 18, 2012>
(2) An electronic device wearer or probationer shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding five million won, if the electronic device wearer or probationer further fails to comply with any term or condition provided for in Article 32 (2) or (3) of the Act on Probation, Etc. without just cause after receiving a warning under Article 38 of the same Act for his/her failure to comply with any term or condition provided for in Article 32 (2) or (3) of the same Act without just cause. <Newly Inserted by Act No. 11558, Dec. 18, 2012>
(3) An electronic device wearer or probationer shall be punished by a fine not exceeding ten million won, if the electronic device wearer or probationer fails to comply with any term or condition provided for in Article 9-2 (1) 1, 2, 2-2, or 5 without just cause. <Amended by Act No. 10257, Apr. 15, 2010; Act No. 11558, Dec. 18, 2012>
[This Article Newly Inserted by Act No. 9112, Jun. 13, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2008.
Article 2 (Transitional Measures concerning Request for Attachment Orders)
(1) A request for an attachment order under Article 5 (1) shall also apply with respect to any sex crime that is committed before this Act enters into force.
(2) Any person who is sentenced to imprisonment with labor for a sex crime which is committed before this Act enters into force shall be deemed to be sentenced to imprisonment with labor under Article 5 (1) 1.
(3) Any person who is found to have a tendency to commit sex crimes due to the repetition of such crimes before this Act enters into force shall be deemed to have the habit under Article 5 (1) 3.
Article 3 (Transitional Measures concerning Attachment of Electronic Devices at Time of Parole or Provisional Termination of Execution)
The attachment of an electronic device under Articles 22 and 23 shall also apply to any person serving a sentence or placed under medical treatment and custody for the commission of a sex crime as at the time this Act enters into force.
Article 4 (Transitional Measures concerning Orders to Attach Electronic Devices at Time of Suspending Execution of Sentence)
The provisions of Article 28 shall also apply to any person who is on trial for the commission of a sex crime as at the time this Act enters into force.
ADDENDA <Act No. 8634, Aug. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9112, Jun. 13, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2008.
Article 2 (Transitional Measures concerning Request for Attachment Orders, etc. after Rendition of Judgment of First Instance and Special Cases for Application)
(1) When a person who had been rendered of judgment for first instance prior to September 1, 2009, for the commission of sex crimes and whose period of imprisonment with labor or of a heavier punishment, of medical treatment and custody, or of protection and custody (hereinafter referred to as "imprisonment with labor, etc.") remains six months or more from the termination of such execution (hereinafter referred to as "person of scheduled release"), or whose imprisonment with labor, etc. remains less than six months (hereinafter referred to as "person of imminent release"), or whose completion, provisional completion, provisional release from prison or exemption of execution of imprisonment with labor, etc. has not lapsed three years (hereinafter referred to as "released person") as at the time this Act (referring to the Act No. 10257; Act on the Amendment of the Act on the Electronic Monitoring, etc. of the Specific Criminal Offenders) enters into force falls under any of the subparagraphs of Article 5 (1) of the previous Act (referring to the Act No. 9112; Act on the Amendment of the Act on the Electronic Monitoring, etc. of the Specific Criminal Offenders) and is deemed to pose a particularly high risk of repeating sex crimes, a public prosecutor may request attachment order to the court which rendered the judgment for the first instance or the district court (including branch courts; hereinafter the same shall apply) which has jurisdiction over the area where the person of scheduled release, the person of imminent release, or the released person is or the area of his/her last residence, notwithstanding the provisions of the Articles 5 (2), 7, and 9 (3) of the previous Act.
(2) The procedure for an attachment order in respect to a person of scheduled release under paragraph (1) shall be as follows:
1. The warden of a prison and of a detention house, and the head of a medical treatment and custody facility and of a protection and custody facility (hereinafter referred to as "accommodation facility") shall notify necessary matters, including the personal information and results of correction of a person of scheduled release, to a public prosecutor of a district public prosecutor's office and the director of a protection and custody facility which have jurisdiction over the place of the accommodation facility six months before the termination of the execution of imprisonment with labor, etc, of the said person of scheduled release;
2. A public prosecutor may request the director of the relevant protection and custody facility which has jurisdiction over the residence of the person of scheduled release or over the location of the said public prosecutor's office to which the public prosecutor belongs;
3. The director of the relevant protection and custody facility shall submit the investigation report referred to in Article 6 (3) at least four months before the termination of the execution of the imprisonment with labor, etc. of the concerned person of scheduled release;
4. A public prosecutor shall request for an attachment order, with respect to a person who meets the requirements for a request for an attachment order among persons of scheduled release, to the relevant court three months before the termination of the execution of the imprisonment, etc.;
5. When the court concerned deems the request for an attachment order well-grounded, it shall issue such attachment order in the form of a decision one month before the termination of the execution of the imprisonment, etc.;
6. An appeal to the decision under subparagraph 5 shall have no effect to suspend the execution of the attachment order.
(3) The procedure for an attachment order in respect to a person of imminent release and to a released person shall be in accordance with the following:
1. The head of an accommodation facility shall notify necessary matters, including the personal information and results of correction of a person of imminent release or a released person, to a public prosecutor of a district public prosecutor's office and the director of a protection and custody facility which have jurisdiction over the place of the accommodation facility concerned within one month from the date of the enforcement of this Act;
2. A public prosecutor may request the director of the relevant probation office which has jurisdiction over the domicile of the person of imminent release or of the released person, or over the location of the public prosecutor's office to which the said public prosecutor belongs;
3. The director of the relevant probation office shall submit an investment report on the imminent release or the released person referred to in Article 6 (3) within two months from the date of receipt of the request for such report;
4. A public prosecutor shall request an attachment order, with respect to a person who meets the requirements for a request for an attachment order among persons of imminent release or released persons, to the relevant court within one year from the date of the enforcement of this Act: Provided, That where a person of imminent release or a released person has escaped, the period in which such request shall be filed shall be three years;
5. A public prosecutor or the head of a probation office may, whenever necessary for the investigation under subparagraph 2 or the request under subparagraph 4, demand a released person to appear to hear his/her statements;
6. Where a released person fails to comply with the request for appearance under subparagraph 5 or is likely to not comply such request without a justifiable ground, a public prosecutor may detain the released person according to the warrant issued by a judge of the competent district court, and the director of a probation office may request a public prosecutor of the competent district prosecutor's office to issue a warrant for detainment to a judge of the competent district court, and may detain the released person according to such warrant;
7. When a public prosecutor or the head of a probation detains a released person in accordance with subparagraph 6, he/she shall conclude the investigation within 48 hours from the time of such detainment, and upon the conclusion of such investigation, shall immediately release the said released person from custody;
8. When the competent court deems that the request for an attachment order under subparagraph 4 is well-grounded, it shall issue such attachment order in the form of a decision within two months from the date of the request for such attachment order;
9. The head of a probation office may have a released person to appear for the execution of the decision referred to in subparagraph 8;
10. Where a released person fails to comply with the order to appear under subparagraph 9, the director of a probation office may ask and be issued of a warrant of execution by the competent public prosecutor, and detain the released person according to the aforementioned warrant;
11. An appeal to the decision under subparagraph 8 shall have no effect to suspend the execution of the attachment order.
(4) The prescription for the attachment orders under paragraphs (2) and (3) shall be five years from the date of the decision of the attachment order, and its execution shall be remitted upon the lapse of the prescription: Provided, That a prescription is suspended when a person of scheduled release, a person of imminent release, or a released person is arrested.
[This Article Newly Inserted by Act No. 10257, Apr. 15, 2010]
ADDENDA <Act No. 9654, May 8, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Request for Attachment Orders)
(1) A request for an attachment order under the amended provisions of Article 5 (2) shall also apply with respect to the abduction of minors which is committed before this Act enters into force.
(2) Any person sentenced to imprisonment for the abduction of a minor which is committed before this Act enters into force shall be deemed sentenced to imprisonment under the amended provisions of Article 5 (2).
Article 3 (Transitional Measures concerning Attachment of Electronic Devices at Time of Parole or Provisional Termination of Execution)
The attachment of an electronic device under the amended provisions of Articles 22 and 23 shall also apply to any person serving a sentence or placed under medical treatment and custody for the commission of a specific crime as at the time this Act enters into force.
Article 4 (Transitional Measures concerning Order to Attach Electronic Devices at Time of Suspending Execution of Sentence)
The amended provisions of Article 28 shall also apply to any person who is on trial for the commission of a specific crime as at the time this Act enters into force.
ADDENDA <Act No. 9765, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2010. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10257, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of subparagraph 2 (a) of Article 2, Article 5 (4), Article 9 (1) and (2), and Article 23 (1) and (2) shall enter into force on the date of its promulgation.
Articles 2 (Applicability to and Transitional Measures Concerning Request for Attachment Orders)
(1) A request for an attachment order under the amended provisions of Article 5 shall also apply to the sex crimes committed before this Act enters into force: Provided, That the foregoing shall not apply to sex crimes subject to a request for an attachment order under the amended provisions of Article 2 of the Addenda of the Act on the Amendment of the Act on the Electronic Monitoring, etc. of the Specific Criminal Offenders (Act No. 9112).
(2) Any person who was sentenced to imprisonment or heavier punishment for committing the abduction of a minor before this Act enters into force shall be deemed sentenced to imprisonment or heavier punishment under the amended provisions of Article 5 (2).
(3) A request for an attachment order under the amended provisions of Article 5 (3) shall also apply to any crime of homicide committed before this Act enters into force.
(4) Any person who was sentenced to imprisonment or heavier punishment for committing homicide before this Act enters into force shall be deemed sentenced to imprisonment or heavier punishment under the amended provisions of Article 5 (3).
Article 3 (Applicability to Period of Attachment)
The amended provisions of Article 9 (1) shall apply mutatis mutandis to any special crimes committed before this Act enters into force: Provided, That the foregoing shall not apply to sex crimes subject to a request for an attachment under the amended provisions of Article 2 of the Addenda of the Act on the Amendment of the Act on the Electronic Monitoring, etc. of the Specific Criminal Offenders (Act No. 9112).
Article 4 (Applicability to Probation)
Provisions on probation under the amended provisions of Article 9 (3) shall apply to any person whose, under Article 9 (1), attachment order against him/her has been decided or whose execution of such order has already been carried out before this Act enters into force.
Articles 5 (Applicability to Duty to Report of Person Wearing Electronic Device)
(1) The duty to report under the amended provisions of Article 14 (2) shall also apply to any person whose, under Article 9 (1), attachment order against him/her has been decided or whose execution of such order has already been carried out before this Act enters into force.
(2) The duty to request permission under the amended provisions of Article 14 (3) shall also apply to any person whose attachment order against him/her has been decided or who is already wearing an electronic device before this Act enters into force.
Articles 6 (Applicability to Extension of Attachment Period, and Addition or Alteration, etc. of Matters to be Observed)
(1) The extension of period of attachment, or any addition or deletion matters to be observed under the amended provisions of Article 14-2 (1) shall also apply to any person whose, under Article 9 (1), attachment order against him/her has been decided or whose execution of such order has already been carried out before this Act enters into force.
(2) The addition, alteration or elimination of matters to be observed under the amended provisions of Article 14-2 (2) shall also apply to any person whose, under Article 9 (1), attachment order against him/her has been decided or whose execution of such order has already been carried out before this Act enters into force.
Article 7 (Applicability to Attachment of Electronic Device During the Time of Release on Parole, Provisional Release from Prison, and Provisional Termination of Execution)
The attachment of an electronic device under the amended provisions of Articles 22 and 23 shall also apply to any person whose sentence has been executed, or who is under protection and custody or under medical treatment and custody as at the time this Act enters into force.
Article 8 (Applicability to Attachment of Electronic Device when Pronouncing Suspension of Execution of Punishment)
Article 28 shall also apply to any person who is on trial as at the time this Act enters into force for the commission of a crime of homicide.
ADDENDA <Act No. 11556, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11558, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 16 (4), (5) and (7), 16-2, 21-2 through 21-8, 32-2, 37 and 39 shall enter into force six months after the date of their promulgation, and the amended provisions of subparagraph 3-3 of Article 2 and Article 5 (4) through (7) shall enter into force one year and six months after the date of their promulgation.
Article 2 (Applicability to and Transitional Measures concerning Requests for Attachment Orders)
(1) A request for an attachment order for a sex crime made under the amended provisions of Article 5 (1) shall also apply to a person who has committed a crime under Article 305-2, 340 (3) (limited to a crime of raping a woman), or 342 (limited to a crime of raping a woman under Articles 339 and 340 (3)) of the Criminal Act before this Act enters into force.
(2) A request for an attachment order made under the amended provisions of Article 5 (1) 4 and 5 shall also apply to a sex crime committed before this Act enters into force.
(3) A request for an attachment order for a crime of homicide under Article 5 (3) shall also apply to a person who has committed a crime under Article 88, 89 (limited to an attempt of the crime provided for in Article 88), the proviso to Article 324-4, 324-5 (limited to an attempt of the crime provided for in the proviso to Article 324-4), the proviso to Article 338, 340 (3) (limited to a crime of killing a person) or 342 (limited to an attempt to kill a person under the proviso to Article 338 and 340 (3)) of the Criminal Act before this Act enters into force.
(4) A request for an attachment order made under the amended provisions of Article 5 (4) shall also apply to robbery committed before this Act enters into force.
(5) A person sentenced to imprisonment for committing robbery before the amended provisions of Article 5 (4) 1 enters into force shall be deemed sentenced to imprisonment under such amended provision.
(6) A person deemed to have a tendency to repeat robbery due to robbery committed before the amended provisions of Article 5 (4) 3 enters into force shall be deemed to have a tendency to repeat robbery under such amended provisions.
Article 3 (Applicability to Execution of Attachment Orders)
The amended provisions of Article 13 (1) shall also apply to a person against whom an attachment order has been determined as at the time this Act enters into force: Provided, That this shall not apply where the execution of a sentence on a specific crime case has been terminated or exempted, or a person serving a sentence has been released on parole, or the execution of medical treatment and custody has been terminated or provisionally terminated as at the time this Act enters into force.
Article 4 (Applicability to Inspection of or Inquiries about Data Received)
The amended provisions of Article 16 (4) and (5) shall also apply to a person under the execution of an attachment order as at the time the amended provisions enter into force.
Article 5 (Applicability to Provision of Personal Information on Persons Wearing Electronic Device, etc.)
The amended provisions of Article 16-2 shall also apply to a person under the execution of an attachment order as at the time the amended provisions enter into force.
Article 6 (Applicability to Requests for Probation Orders after Termination of Execution of Sentence)
A request for a probation order made under the amended provisions of Article 21-2 shall also apply to a specific crime committed before such amended provisions enter into force.
Article 7 (Applicability to Attachment of Electronic Devices at Time of Parole, Provisional Release or Provisional Termination)
(1) The amended provisions of Article 22 shall also apply to a person serving a sentence for having committed a specific crime as at the time this Act enters into force.
(2) The attachment of an electronic device under Article 22 and Article 23 shall also apply to a person serving a sentence, under protective custody or medical treatment and custody for having committed a specific crime as at the time this Act enters into force.
Article 8 (Applicability to Orders to Attach Electronic Devices at Time of Sentencing Suspension of Execution)
Article 28 shall also apply to a person who is on trial for having committed robbery as at the time this Act enters into force.
Article 9 (Applicability to Penal Provisions Following Failure to Comply with Matters to be Observed)
The amended provision of Article 39 (2) shall apply from a person wearing an electronic device or person on probation who fails to comply with again any matter to be observed under Article 32 (2) or (3) of the Act on Probation, etc. without justifiable grounds after receipt of a warning issued under Article 38 of the same Act for his/her failure to comply with any matter to be observed under Article 32 (2) or (3) of the same Act without justifiable grounds after such amended provision enters into force.
Article 10 (Transitional Measures concerning Penal Provisions)
When penal provisions apply to any violation committed before this Act enters into force, the former provisions shall apply thereto.
Article 11 (Relationship with other Acts and Subordinate Statutes)
A citation of the former Act on the Electronic Monitoring of Specific Criminal Offenders or any provisions thereof in other Acts and subordinate statutes as at the time this Act enters into force shall be deemed a citation of this Act or any provisions of this Act in lieu of the former Act on the Electronic Monitoring of Specific Criminal Offenders or provisions thereof
if corresponding provisions exist herein.
ADDENDA <Act No. 11572, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11731, Apr. 5, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 12197, Jan. 7, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13722, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year and six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 14414, Dec. 20, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Probation at Time of Provisional Cancellation of Attachment Orders)
The amended provisions of the proviso to Article 18 (6) shall apply beginning with the first person for whom an attachment order is provisionally cancelled after this Act enters into force.
ADDENDA <Act No. 14975, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability, etc. to Application, etc. for Order to Attach Electronic Device Following Addition of Specific Crime)
(1) An application for an order to attach an electronic device under Article 5 shall also apply to a person who has committed a specific crime, such as a crime provided for in Article 297-2 of the Criminal Act (hereinafter referred to as "pseudo-rape, etc."), which is added pursuant to the amended provision of Article 2, before this Act enters into force.
(2) A person sentenced to imprisonment with labor or severer punishment for committing pseudo-rape, etc. before this Act enters into force shall be deemed sentenced to imprisonment with labor under Article 5 (1) 1 or imprisonment with labor or severer punishment under paragraph (3) of the aforesaid Article.
(3) A person who is found to have a propensity to recommit sex crimes due to pseudo-rape, etc. (limited to sex crimes) the person committed before this Act enters into force shall be deemed to have a propensity provided for in Article 5 (1) 3.
(4) An application for a probation order under Article 21-2 shall also apply to a person who committed pseudo-rape, etc. before this Act enters into force.
(5) Attachment of an electronic device under Articles 22 and 23 shall also apply to a person who is serving a sentence, is held in protective custody or is taking medical treatment while in custody for committing pseudo-rape, etc. at the time this Act enters into force.
(6) An order to attach an electronic device issued when granting a stay of sentence under Article 28 shall also apply to a person who is on trial for committing pseudo-rape, etc. at the time this Act enters into force.
Article 3 (Applicability to Summons, etc. of Persons Ordered to Wear Electronic Device)
The amended provisions of Article 13 (2) and (3) shall also apply to a person sentenced to electronic monitoring before this Act enters into force.
ADDENDA <Act No. 15161, Dec. 12, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Exceptions to Suspension of Order, etc. to Attach Electronic Device)
The amended provisions of Article 13 (7) (including cases to which the aforesaid paragraph applies mutatis mutandis pursuant to the amended provisions of Articles 21-8, 27 and 31) shall apply, beginning with cases in which the public prosecutor does not prosecute the relevant case, such as where the accused is cleared of suspicion or the court adjudicate a person not guilty.
Article 3 (Applicability to Inspection, etc. of Data Received)
The amended provisions of Article 16 (2) 4 shall also apply to a person in whose case an order to attach an electronic device is in force at the time this Act enters into force.
Article 4 (Applicability to Ruling to Issue Probation Order after Completion of Sentence upon Rejection of Application for Order to Attach Electronic Device)
The amended provisions of Article 21-3 (2) shall also apply to a person who is on trial at the time this Act enters into force.
Article 5 (Applicability to Request for Access to Criminal History Records, etc.)
The amended provisions of Article 33-2 shall apply, beginning with persons in whose case the execution of an order to attach an electronic device or a probation order is completed after this Act enters into force.
ADDENDA <Act No. 15494, Mar. 20, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Extension, etc. of Period of Electronic Monitoring)
The amended provisions of Articles 14-2 (1) 4 and 32 (2) shall also apply to a person in whose case an order to attach an electronic device was confirmed or the execution of an order to attach an electronic device commenced before this Act enters into force.