Law Viewer

Back Home

REGULATIONS ON ESCORTING SENTENCED INMATES, ETC.

Presidential Decree No. 26695, Dec. 10, 2015

Amended by Presidential Decree No. 28660, Feb. 20, 2018

 Article 1 (General Provisions)
These Regulations shall apply where sentenced inmates and persons detained in custody pursuant to other statutes are sent under guard.
[This Article Wholly Amended by Presidential Decree No. 26695, Dec. 10, 2015]
 Article 2 (Escorting Officers)
Corrections officers provide escort between correctional institutions, detention centers, and branch offices thereof (hereinafter referred to as “correctional institutions”) and officials of Prosecutors’ offices who conduct duties as judicial police officers under the Prosecutors’ Office Act provide other escorts. <Amended by Presidential Decree No. 28660, Feb. 20, 2018>
 Article 3 (Methods of Escort)
(1) Escort shall be provided directly to a government office due to receive a person sent under guard, a place where he/she is due to appear, or a place where he/she is to be detained in custody. <Amended by Presidential Decree No. 22611, Jan. 4, 2011>
(2) Escort may be provided through several places in order as occasion demands.
 Article 4 (Documents Ordering Escort, etc.)
(1) A government office that sends a person shall present a document ordering escort in the attached Form and other necessary documents to an escorting officer simultaneously with the delivery of the person sent under guard.
(2) When corrections officers escort a person, a book of identification and a list of money and other articles kept in custody may substitute a document ordering escort.
 Article 5 (Notice to Government Offices that Provide Transportation)
A government office that sends a person shall give prior notice of the name of the person sent under guard, the date and time for sending, and the grounds for and the method of escort to a government office that provides transportation.
 Article 6 (Handling of Money and Other Articles Kept in Custody)
Money and other articles kept in custody of a person sent under guard shall be handled as follows: <Amended by Presidential Decree No. 22611, Jan. 4, 2011>
1. Money kept in custody shall be remitted to a government office that provides transportation by a government office that sends a person using online banking: Provided, That in cases of a small sum of money or where the escort may be completed within the day, the government office that sends a person may send money kept in custody under the care of an escorting officer;
2. Where a person sent under guard has a demand when he/she may purchase goods, etc. at his/her expense while he/she is being sent under guard pursuant to statutes, a government office that sends a person shall send the necessary amount of money under the care of an escorting officer;
3. A government office that sends a person shall send articles kept in custody under the care of an escorting officer: Provided, That any articles kept in custody which are dangerous or unsuitable for an escorting officer to carry may be directly sent to a government office that provides transportation by the government office that sends the person;
4. Where a government office that sends a person sends money and other articles kept in custody under the care of an escorting officer while they are being sent, a government office that provides escort shall not be held responsible for the custody thereof, and in other cases, the government office that sends a person shall be held responsible for the custody thereof.
 Article 7 (Time for Escort)
No escort shall be provided before sunrise or after sunset: Provided, That the foregoing shall not apply where escort is provided using a train, ship, or aircraft or in special circumstances. <Amended by Presidential Decree No. 22611, Jan. 4, 2011>
 Article 8 (Lodging of Persons Sent under Guard)
(1) Any person sent under guard shall lodge using a police station or correctional institution except using a train, ship, or aircraft, and no head of a police station or correctional institution requested to provide lodging shall refuse such request except in extenuating circumstances. <Amended by Presidential Decree No. 22611, Jan. 4, 2011; Presidential Decree No. 28660, Feb. 20, 2018>
(2) Where it is difficult to provide lodging pursuant to paragraph (1), a government office that provides escort may secure alternative accommodation. <Amended by Presidential Decree No. 22611, Jan. 4, 2011>
 Article 9 (Permission, etc. to Purchase Goods)
(1) Where a person sent under guard may purchase necessary goods at his/her expense pursuant to statutes, an escorting officer may permit him/her to purchase goods. <Amended by Presidential Decree No. 22611, Jan. 4, 2011>
(2) Where a person sent under guard pays the price of purchased goods under paragraph (1) from money under subparagraph 2 of Article 6, an escorting officer shall receive a written confirmation therefrom. <Amended by Presidential Decree No. 22611, Jan. 4, 2011>
 Article 10 (Escape, etc. of Persons Sent under Guard)
(1) Where a person sent under guard has escaped, the escorting officer shall immediately give notice to the police station in the region, nearby police stations, and a government office that provides escort, and the government office that provides escort shall give notice to the competent district prosecutors' office, the prosecutors' office having jurisdiction over the incident, the government office that has ordered to send the person under guard, the government office that has sent the person, and the government office that has provided transportation. <Amended by Presidential Decree No. 22611, Jan. 4, 2011>
(2) In cases falling under paragraph (1), an escorting officer shall return documents and money and other articles to the government office that has sent a person. <Amended by Presidential Decree No. 22611, Jan. 4, 2011>
 Article 11 (Disease, etc. of Persons Sent under Guard)
(1) Where a person sent under guard falls ill, he/she shall be provided with appropriate medical care, and where it is deemed impossible to continue to send him/her under guard, he/she may be temporarily detained at a nearby correctional institution or police station along with his/her documents and money and other articles. <Amended by Presidential Decree No. 22611, Jan. 4, 2011; Presidential Decree No. 28660, Feb. 20, 2018>
(2) A government office which has detained a person sent under guard pursuant to paragraph (1) shall proactively provide cooperation for medical care, etc. of the person sent under guard. <Amended by Presidential Decree No. 22611, Jan. 4, 2011>
(3) Where a disease of a person sent under guard has been cured, a government office under paragraph (1) shall immediately resume the escort and give notice to a government office that has sent the person under guard.
 Article 12 (Death, etc. of Persons Sent under Guard)
(1) Where a person sent under guard dies, a government office that provides escort shall handle affairs following the death of the person sent under guard with the help of a nearby correctional institution or police station under the direction of a prosecutor having jurisdiction over the place of his/her death. <Amended by Presidential Decree No. 28660, Feb. 20, 2018>
(2) Where a person sent under guard dies on a train, ship, or aircraft, a government office that provides escort shall handle affairs under paragraph (1) with the help of a nearby police office or correctional institution under the direction of a prosecutor having jurisdiction over the first place of arrival. <Amended by Presidential Decree No. 28660, Feb. 20, 2018>
(3) Immediately after the death of a person sent under guard, a government office that provides escort shall give notice of the date, place, cause, etc. of his/her death to a government office that has sent him/her, a government office that has provided transportation and his/her family (where he/she has no surviving family members, referring to his/her other relatives; hereafter the same shall apply in this Article).
(4) Where there is no surviving family to receive notice under paragraph (3) or a family who has received notice fails to claim the body of the deceased within three days from the date he/she receives notice, the government office that provides the escort shall temporarily bury the body.
[This Article Wholly Amended by Presidential Decree No. 22611, Jan. 4, 2011]
 Article 13 (Bearing of Travel Expenses and Expenses Incurred in Providing Escort)
(1) A government office that provides escort shall bear travel expenses of escorting officers or expenses incurred in providing escort of a person sent under guard: Provided, That where it has arranged for him/her to be provided with lodging and meals at a correctional institution or police station, the correctional institution or police station shall bear expenses incurred in providing such lodging and meals. <Amended by Presidential Decree No. 28660, Feb. 20, 2018>
(2) Expenses under Articles 11 and 12 shall be borne by government offices to which a person sent under guard is delivered, respectively.
 Article 14 (Expenses Incurred in Providing Escort)
Article 30 and subparagraph 5 of attached Table 9 of the Regulations Relative to Travel Expenses of Public Officials shall apply mutatis mutandis to expenses incurred in providing lodging and meals for a person sent under guard at the place other than a correctional institution or police station. <Amended by Presidential Decree No. 22611, Jan. 4, 2011; Presidential Decree No. 28660, Feb. 20, 2018>
 Article 15 (Exceptions)
Where a natural disaster occurs or other special circumstances exist, the head of a government office that is to provide escort may be exempted from Articles 2, 4 through 7, 11, and 12 with the permission of the Minister of Justice. <Amended by Presidential Decree No. 22611, Jan. 4, 2011>
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 22611, Jan. 4, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26695, Dec. 10, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Amendments of Forms)
Forms under the pervious provisions as at the time this Decree enters into force may be used until December 31, 2015, together with corresponding Forms under this Decree.
ADDENDUM <Presidential Decree No. 28660, Feb. 20, 2018>
This Decree shall enter into force on the date of its promulgation.