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POLICE OFFICIALS ACT

Wholly Amended by Act No. 3606, Dec. 31, 1982

Amended by Act No. 3799, Dec. 28, 1985

Act No. 4369, May 31, 1991

Act No. 4406, Nov. 30, 1991

Act No. 4798, Dec. 22, 1994

Act No. 5153, Aug. 8, 1996

Act No. 5291, Jan. 13, 1997

Act No. 5570, Sep. 19, 1998

Act No. 6436, Mar. 28, 2001

Act No. 6897, May 29, 2003

Act No. 7187, Mar. 11, 2004

Act No. 7249, Dec. 23, 2004

Act No. 7428, Mar. 31, 2005

Act No. 7803, Dec. 29, 2005

Act No. 7967, Jul. 19, 2006

Act No. 8852, Feb. 29, 2008

Act No. 8857, Feb. 29, 2008

Act No. 9295, Dec. 31, 2008

Act No. 10145, Mar. 22, 2010

Act No. 11042, Sep. 15, 2011

Act No. 11690, Mar. 23, 2013

Act No. 12233, Jan. 14, 2014

Act No. 12844, Nov. 19, 2014

Act No. 12912, Dec. 30, 2014

Act No. 14839, Jul. 26, 2017

Act No. 14876, Sep. 19, 2017

Act No. 15522, Mar. 20, 2018

 Article 1 (Purpose)
The purpose of this Act is to provide for special exceptions to the State Public Officials Act with regard to the personnel actions, education, training, service, guarantee of status, etc. of national police officials in light of the importance of their responsibilities and duties and the special characteristics of their status and working conditions.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 1-2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "appointment" means new recruitment, promotion, transfer, dispatch, leave of absence, dismissal from one's post, suspension from office, demotion, reinstatement, termination, removal, and expulsion;
2. The term "transfer" means a personnel action of transferring a police official to another agency or department with his/her position and qualifications remaining unchanged;
3. The term "reinstatement" means reinstating a police official who has been on leave of absence or under dismissal from his/her post or suspension from office (including suspension from office due to demotion) to his/her previous position.
[This Article Newly Inserted by Act No. 10145, Mar. 22, 2010]
 Article 2 (Classification of Ranks)
The ranks of national police officials (hereinafter referred to as "police official") shall be classified as follows:
Commissioner General;
Chief Superintendent General;
Senior Superintendent General;
Superintendent General;
Senior Superintendent;
Superintendent;
Senior Inspector;
Inspector;
Assistant Inspector;
Senior Patrol Officer;
Patrol Officer.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 3 (Classification of Police Branches)
(1) Police officials may be classified into different police branches according to the types of their duties.
(2) Necessary matters concerning the classification of police branches shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 4 (Establishment of Personnel Management Committee of Police Officials)
(1) A personnel management committee of police officials (hereinafter referred to as "personnel committee") shall be established in the Korean National Police Agency or the Korea Coast Guard to advise the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard on important matters regarding personnel affairs of the police officials of the Korean National Police Agency. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) Necessary matters concerning the organization and operation of the personnel committees shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 5 (Functions of Personnel Committee)
The personnel committees shall deliberate on the following: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
1. Polices, standards, and a master plan for the personnel administration of police officials;
2. Matters concerning the enactment, amendment, and repeal of statutes regarding the personnel affairs of police officials;
3. Other matters referred to meetings of the personnel committees by the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 6 (Appointing Authority)
(1) Senior Superintendents and higher-ranking police officials shall be appointed by the President via the Prime Minister upon the recommendation of the Minister of the Interior and Safety or the Minister of Oceans and Fisheries from among candidates recommended by the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard: Provided, That the Commissioner General of the Korea Coast Guard shall be appointed by the President via the Prime Minister upon the recommendation of the Minister of Oceans and Fisheries, while transfer of position, leave of absence, dismissal from a post, demotion, suspension from office, and reinstatement of Superintendents shall be executed by the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard. <Amended by Act No. 14839, Jul. 26, 2017>
(2) Superintendents and lower-ranking police officials shall be appointed by the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard: Provided, That new recruitment of, promotion to, and termination of Superintendents shall be executed by the President via the Prime Minister upon the recommendation of the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(3) The Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard may delegate part of his/her authority for appointment of police officials to the head of an agency under his/her jurisdiction, the commissioner of a district police agency, or the head of a regional marine police agency, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(4) The Commissioner General of the Korean National Police Agency, the Commissioner General of the Korea Coast Guard or a person to whom the authority for appointment is delegated pursuant to paragraph (3) shall prepare and maintain personnel records of police officials under his/her jurisdiction, in accordance with Ordinance of the Ministry of the Interior and Safety or Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 7 (Qualifications for Appointment and Grounds for Disqualification)
(1) Police officials shall be appointed from among persons with sound body and mind and of good character.
(2) None of the following persons may be qualified for appointment as a police official: <Amended by Act No. 12912, Dec. 30, 2014>
1. A person who does not have the nationality of the Republic of Korea;
2. A person with multiple nationality pursuant to Article 11-2 (1) of the Nationality Act;
3. An incompetent under the adult guardianship or quasi-incompetent under the limited guardianship;
4. A person declared bankrupt and not yet reinstated;
5. A person sentenced to suspension of qualification or any heavier punishment.
6. A person who is under the suspension of a sentence of suspension of qualification imposed upon him/her;
7. A person subject to a disposition of expulsion or removal as a disciplinary action.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 8 (New Recruitment)
(1) New Superintendents and Patrol Officers shall be newly recruited through open competitive examinations.
(2) To be newly recruited as Inspector, a graduate from the Korea National Police University or a person meeting the qualification requirements prescribed by Presidential Decree who has been selected through an open competitive examination (hereinafter referred to as "police cadet") shall finish education and training courses and successfully pass prescribed tests.
(3) In any of the following cases, new police officials may be recruited through examinations for recruitment by way of competition among a large number of persons falling under the same grounds under specified requirements in terms of work experience, etc. (hereinafter referred to as "career-based competitive recruitment examination”): Provided, That in any case prescribed by Presidential Decree where it is inappropriate to administer an examination for a large number of persons, police officials may be recruited through examinations not designed to be taken by a large number of persons: <Amended by Act No. 12912, Dec. 30, 2014; Act No. 15522, Mar. 20, 2018>
1. Where a police official who retired for the reasons set forth in Article 70 (1) 3 of the State Public Officials Act or by expiration of the period of his/her leave of absence under Article 71 (1) 1 of the same Act is re-appointed as a police official with the rank held at the time of his/her retirement within three years (five years in cases of a leave of absence due to any illness or injury suffered by him/her as a result of performance of his/her official duties under the Public Officials’ Accident Compensation Act) from the date of his/her retirement;
2. Where a holder of a qualification certificate relevant to a duty to be assigned is appointed when it is inappropriate to appoint a police official through an open competitive examination;
3. Where a person who has work experience, research achievements, or expertise appropriate for a position to be assigned is appointed;
4. Where a person who has passed an open competitive examination for Grade-V public officials pursuant to the State Public Officials Act or a bar examination pursuant to the Korean Bar Examination Act is appointed as a Superintendent or a lower-ranking police official;
5. Where a graduate who received a scholarship pursuant to Article 85 of the State Public Officials Act while attending school is appointed;
6. Where a person intends to serve in a special area, such as an island and a remote area;
7. Where a person who is fluent in a foreign language is appointed;
8. Where an autonomous police official of Jeju Special Self-Governing Province (hereinafter referred to as "autonomous police official") is appointed as a police official with an equivalent rank.
(4) Deleted. <by Act No. 12912, Dec. 30, 2014>
(5) Matters concerning the education and training of police cadets under paragraph (2), the ranks of police officials who can be recruited through the career-based competitive recruitment examinations and the recruitment examinations under the proviso to the part other than the subparagraphs of paragraph (3) (hereinafter referred to as “examinations such as career-based competitive recruitment examinations”), the classification of qualification certificates relevant to positions to be assigned, the work performance or research achievements, the limitation on transfer, and other relevant matters shall be prescribed by Presidential Decree. <Amended by Act No. 12912, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 8-2 (Sanctions against Persons Engaged in Dishonest Behavior)
The Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard shall suspend or nullify an examination taken by an applicant who has engaged in dishonest behavior in a recruitment examination for police officials or an open competitive examination for police cadets, and shall suspend his/her eligibility to take the examination for five years from the date of such disposition. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Newly Inserted by Act No. 10743, May. 30, 2011]
 Article 9 (List, etc. of Candidates for Recruitment)
(1) The Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard (including a person to whom the authority for appointment is delegated pursuant to Article 6 (3)) shall enter the applicants who have passed a recruitment examination (including graduates from the Korea National Police University and police cadets) on the list of candidates for recruitment in the order of merit, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) Police officials shall be newly recruited in the order of merit on the list of candidates for recruitment under paragraph (1): Provided, That if candidates for recruitment have received education for new personnel at a police educational institution, the recruitment shall be in the order of grades in such education.
(3) The effective period of the list of candidates for recruitment under paragraph (1) shall be prescribed by Presidential Decree, which shall not exceed two years: Provided, That the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard may extend the period by up to one year as may be necessary. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(4) Where the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard decides to extend the effective period of the list of candidates for recruitment, he/she shall give a public notice thereof. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(5) Matters necessary for the preparation and management of the list of candidates for employment under paragraph (1) shall be prescribed by Presidential Decree.
(6) In filling vacancies for police officials, if the number of candidates registered on the list of candidates for recruitment or the list of candidates for promotion is less than the number of vacancies and the appointing authority deems it particularly necessary for personnel administration and management, the appointing authority may regard, the list of candidates for new appointment, or the list of candidates for promotion, of autonomous police officials prepared by another appointing authority with regard to the ranks in which vacancies occurred, as the list of candidates for recruitment or the list of candidates for promotion for the relevant agency, and may appoint the relevant autonomous police officials to fill such vacancies. In such cases, the appointing authority shall consult with the appointing authority for such autonomous police officials.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 10 (Probationary Appointment)
(1) When a Superintendent or a lower-ranking police official is newly recruited, he/she shall be appointed for a probationary period of one year and appointed as a regular police official on the day immediately following the end of the period.
(2) The period of leave of absence, the period of dismissal from a post, the period of suspension from office or salary reduction as a disciplinary action shall not be included in the probationary period prescribed in paragraph (1).
(3) If a police official in the probationary period demonstrates poor performance in his/her service or ineducation and training, such police official may be dismissed or a recommendation to dismiss the police official may be made, notwithstanding Article 68 of the State Public Officials Act and Article 22 of this Act.
(4) Probationary appointment may be omitted in any of the following cases:
1. Where a graduate from the Korea National Police University or a police cadet who has completed a prescribed educational course is appointed as an Inspector;
2. Where a police official who meets qualification requirements necessary for promotion to a higher rank, as prescribed by Presidential Decree and has successfully passed an open competitive examination appropriate for a rank to be assigned is appointed as a police official with such rank;
3. Where a retired police official who has passed an employment examination for the rank held at the time of his/her retirement is re-appointed;
4. Where an autonomous police official is appointed as a police official with the equivalent rank.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 10-2 (Personnel Exchanges between Police Officials and Autonomous Police Officials)
(1) The Commissioner General of the Korean National Police Agency shall endeavor to ensure close personnel exchanges between the national police and the autonomous police in order to improve police officials' capabilities and enhance coordination of affairs between the national police and the autonomous police.
(2) Where an autonomous police official is recruited as a police official pursuant to Article 8 (3) 8, examinations such as career-based competitive recruitment examinations may be omitted. <Amended by Act No. 12912, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 11 (Promotion)
(1) The promotion and personnel actions for a police official from among police officials with an immediate lower rank shall be made through the evaluation of performance of service, work experience and verification of other capabilities. <Amended by Act No. 10743, May 30, 2011>
(2) A promotion to a Superintendent General or a lower rank shall be based on the results of a promotion examination: Provided, That a promotion examination may be concurrently conducted for a promotion to a Superintendent or a lower rank according to the ratio prescribed by Presidential Decree. <Amended by Act No. 10743, May 30, 2011>
(3) Deleted. <by Act No. 4798, Dec. 22, 1994>
(4) As regards Senior Superintendents and lower-ranking police officials, a list of prospective candidates for promotion shall be prepared for each rank, as prescribed by Presidential Decree. <Amended by Act No. 10743, May 30, 2011>
(5) The minimum number of years of service necessary for the promotion of police officials for each rank, limitations on promotion, and other matters necessary for promotion shall be prescribed by Presidential Decree. <Amended by Act No. 10743, May 30, 2011>
 Article 11-2 (Promotion for Continuous Service)
(1) Notwithstanding Article 11 (2), the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard may promote a person who has served continuously in a rank for a period specified in the following to Senior Patrol Officer, Assistant Inspector, Inspector, or Senior Inspector for his/her continuous service: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 14876, Sep. 19, 2017>
1. In cases of a promotion from a Patrol Officer to a Senior Patrol Officer for his/her continuous service: A person who has served continuously in the relevant rank for at least four years;
2. In cases of a promotion from a Senior Patrol Officer to an Assistance Inspector for his/her continuous service: A person who has served continuously in the relevant rank for at least five years;
3. In cases of a promotion from an Assistant Inspector to an Inspector: A person who has served continuously in the relevant rank for at least six years and six months;
4. In cases of a promotion from an Inspector to a Senior Inspector: A person who has served continuously in the relevant rank for at least 10 years.
(2) During the period in which a police official who has been promoted for his/her continuous service pursuant to paragraph (1) serves, it shall be deemed that the prescribed number of officers with the same rank has been otherwise fixed and that the prescribed number of police officials for the previous rank has been reduced accordingly.
(3) Matters necessary concerning the standards and procedures for promotion for continuous service under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11030, Aug. 4, 2011]
 Article 12 (Promotion Examination Committee)
(1) In order to conduct promotion examination under Article 11 (2), a central promotion examination committee shall be established in the Korean National Police Agency and the Korea Coast Guard; and a general promotion examination committee shall be established in the Korean National Police Agency, the Korea Coast Guard, a district police agency, a police agency and a regional marine police agency prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) Promotion examination committees established pursuant to paragraph (1) shall select and examine candidates for promotion among persons five times the number of vacancies available for promotion in the order named in the list of prospective candidates for promotion (excluding candidates for promotion who have successfully passed the promotion examination pursuant to Article 11 (2)), which has been prepared pursuant to Article 11 (4), and shall select candidates for promotion from among them.
(3) Matters necessary for the composition, jurisdiction, and operation of the promotion examination committees shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 13 (List, etc. of Candidates for Promotion)
(1) The Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard (including a person to whom has the authority for appointment is delegated pursuant to Article 6 (3)) shall enter the persons who have passed the promotion examination under Article 11 (2) and (3) and the persons who have been selected as candidates for promotion pursuant to Article 12 (2) on the list of candidates for promotion, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) A promotion to a Superintendent General or a lower rank shall be made in the order registered on the list of candidates for promotion pursuant to paragraph (1).
(3) Article 9 shall apply mutatis mutandis to the effective period, preparation, and operation of the list of candidates for promotion.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 14 (Special Promotion for Persons of Distinguished Service, etc.)
(1) Notwithstanding Article 11, a police official who falls under any of the following subparagraphs may be specially promoted by one rank: Provided, That an Inspector or a lower-ranking police official may be specially promoted by two ranks, if he/she is killed in action or dies in the line of duty after he/she performs a meritorious deed, setting an example for all police officials:
1. A person who falls under any provision of Article 40-4 (1) 1 through 4 of the State Public Officials Act;
2. A person killed in action or who died in the line of duty;
3. A person who rendered distinguished services in performing his/her duties.
(2) Requirements for special promotion and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 15 (Examining Authorities, Qualification for Application, etc.)
(1) Examinations for recruitment or promotion of police officials, and examinations for selection of police cadets shall be administered by the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard: Provided, That the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard may, where deemed necessary, delegate part of his/her authority to the head of an agency under his/her jurisdiction, the commissioner of a district police agency or the head of a regional marine police agency, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) Qualification for applying for various examinations prescribed in paragraph (1), the method of examinations, and other matters necessary for administering examinations shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 16 (Veterans' Benefits)
Police officials killed or who died in action, while on duty, while receiving education or training (including persons who died of a disease while performing their duties), police officials who were wounded (including diseases contracted while on duty) in action, while on duty, or while receiving education or training and retired, and their family members, bereaved or not, shall be given the honorable treatment or support pursuant to the Act on the Honorable Treatment of and Support of Persons, etc. of Distinguished Services to the State or Act on Support for Persons Eligible for Veteran's Compensation. <Amended by Act No. 11042, Sep. 15, 2011>
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 17 (Education and Training)
(1) The Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard shall plan and coordinate education and training in a comprehensive manner to ensure all police officials can have equal opportunities for education and training. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) The Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard may establish and operate educational and training institutions for the education and training of police officials. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(3) If necessary for education and training, the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard may entrust police officials to domestic or foreign educational institutions so that they can receive education and training for a specified period, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(4) Matters necessary for the establishment and operation of educational and training institutions for police officials under paragraph (2) and the service of police officials who have received education and training pursuant to paragraph (3) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 18 (Prohibition on False Reporting, etc.)
(1) No police official shall file a false report or give false notice in connection with his/her duties.
(2) No police official shall neglect or abandon his/her duties.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 19 (Prohibition of Abuse of Right to Command, etc.)
In times of war, an disturbance, or any similar emergency situation, while conducting operations, or when a crisis that could cause many casualties and damage to State Property has occurred, a person who leads and supervises police officials shall not refuse to perform his/her duty, abandon his/her duty, or allow police officials to advance, retreat from or leave the designated place of duty without a justifiable ground.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 20 (Uniforms and Carrying of Weapons)
(1) Police officials shall wear uniforms.
(2) Police officials may carry weapons where necessary to perform their duties.
(3) Matters concerning uniforms for police officials shall be prescribed by Ordinance of the Ministry of the Interior and Safety or by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 10743, May. 30, 2011]
 Article 21 (Automatic Retirement)
A police official shall automatically retire when he/she falls under any subparagraph of Article 7 (2): Provided, That the foregoing shall not apply if he/she falls under subparagraph 6 of the said paragraph.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 22 (Ex Official Dismissal from Office)
(1) A person having authority for personnel actions may dismiss a police official, ex officio, if the police official falls under any of the following subparagraphs:
2. When he/she seriously lacks the ability or integrity to perform his/her duties to the degree that he/she is incompetent as a police official and it is found that a ground prescribed by Presidential Decree is applicable to him/her;
3. When he/she has a character flaw or moral deformity to the degree that he/she is likely to cause a danger while performing his/her duties and it is found that a ground prescribed by Presidential Decree is applicable to him/her;
4. When he/she becomes unable to perform his/her duties any longer because his/her qualification certificate or license necessary for performing his/her duties in his/her police branch becomes void or is revoked.
(2) Dismissal on any ground under paragraph (1) 2 or 3 or the Article 70 (1) 5 of the State Public Officials Act shall be subject to consent of the Punishment Committee pursuant to Article 26.
(3) The last day of the period of leave of absence or the date on which a ground for leave of absence ceases shall be deemed the date of ex officio dismissal on any ground prescribed in Article 70 (1) 4 of the State Public Officials Act.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 23 (Period of Leave of Absence, etc. for Missing Police Officials)
(1) Notwithstanding subparagraph 3 of Article 72 of the State Public Officials Act, the period of leave of absence for a police official on any ground prescribed in Article 71 (1) 4 of the said Act shall end on the date on which a court declares him/her missing.
(2) Where a person is under a leave of absence pursuant to paragraph (1), the vacancy may be filled with another person, and it shall be deemed consistent with the prescribed number of personnel of the same rank as that of the person on leave of absence.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 24 (Retirement Age)
(1) The retirement age of police officials shall be as follows:
1. Retirement age: 60 years of age;
2. Number of years for rank retirement:
Senior Superintendent General: 4 years;
Superintendent General: 6 years;
Senior Superintendent: 11 years;
Superintendent: 14 years.
(2) Notwithstanding paragraph (1) 2, the number of years for rank retirement of police officials demoted due to a disciplinary action (including demotion to Senior Inspector) shall be governed by the following subparagraphs:
1. Number of years for rank retirement of a police official who is demoted shall apply to the highest rank among ranks he/she held before demotion;
2. Number of years for rank retirement shall be calculated by adding up the number of years of service with ranks held before and after demotion.
(3) Number of years for rank retirement pursuant to paragraph (1) 2 may be extended by up to three years for designated police officials, as prescribed by Presidential Decree, among police officials who serve in specific areas, such as investigation, intelligence, foreign affairs, and national security, with the rank of Senior Superintendent or Superintendent, as prescribed by Presidential Decree.
(4) The Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard may extend the number of years for rank retirement under paragraph (1) 2 by up to two years in times of war, disturbance, or any other similar emergency situation. In such cases, the increase in the number of years for rank retirement for Superintendent Generals and higher-ranking police officials shall be subject to approval of the President via the Minister of the Interior and Safety or the Minister of Oceans and Fisheries and the Prime Minister, while the increase in the number of years for rank retirement for Senior Superintendents and Superintendents shall be subject to approval of the President via the Prime Minister. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(5) Where the month in which a police official's age reaches the retirement age falls between January and June, he/she shall automatically retire on June 30, and on December 31, where the month in which his/her age reaches the retirement age falls between July and December.
(6) In calculating the number of years for rank retirement under paragraph (1) 2, where a police official has served as an autonomous police official, the number of years of service as an autonomous police official with the equivalent rank shall be included in the number of years for rank retirement.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 25 (Ombudsman Committee)
(1) An ombudsman committee for police officials shall be established in the Korean National Police Agency, the Korea Coast Guard, a district police agency, a police agency and a regional marine police agency specified by Presidential Decree to provide police officials with counseling on personnel affairs and to examine their grievances. <Amended by Act No. 14839, Jul. 26, 2017>
(2) Petitions for review on examinations of the ombudsman committee for police officials and counseling on personnel management and the ombudsman's examination for Superintendents and higher-ranking police officials shall be examined and handled by the central ombudsman committee established pursuant to the State Public Officials Act.
(3) Matters necessary for the organization, examination procedure and operation of the ombudsman committee for police officials shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 26 (Disciplinary Committee)
(1) Resolutions on discipline of Superintendent Generals and higher-ranking police officials shall be passed by the disciplinary committee established under the jurisdiction of the Prime Minister pursuant to the State Public Officials Act.
(2) A police agency and a marine police agency prescribed by Presidential Decree shall have a disciplinary committee for police officials to resolve on disciplinary actions against Senior Superintendents and lower-ranking police officials. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(3) The organization, jurisdiction, and operation of the committees on discipline of police officials, procedures for requesting resolutions on discipline, and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 27 (Disciplinary Procedures)
Disciplinary actions against police officials shall be executed by the head of the competent agency or institution in which the competent disciplinary committee is established, after a resolution of the disciplinary committee, while the disciplinary action resolved by the disciplinary committee established under the Prime Minister shall be executed by the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard: Provided, That expulsion, removal, demotion, or suspension from office shall be executed by the appointing authority for the relevant police official after a resolution of the disciplinary committee; demotion and suspension from office of Superintendent General and higher-ranking officials, and expulsion and removal of Superintendent and higher-ranking officials shall be executed by the President via the Minister of the Interior and Safety or the Minister of Oceans and Fisheries and the Prime Minister upon the recommendation of the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard; and demotion and suspension from office of Senior Superintendent and Superintendent shall be executed by the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard.
[This Article Wholly Amended by Act No. 14839, Jul. 26, 2017]
 Article 28 (Defendants in Administrative Litigation)
The Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard shall be the defendant in an administrative lawsuit challenging a disciplinary action, leave of absence, termination, or any other unfavorable disposition made against one's will: Provided, That if the authority for appointment has been delegated pursuant to Article 6 (3), the person to whom such authority has been delegated shall be the defendant. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 29 (Remuneration, etc. for Police Cadets)
Remuneration and other actual expenses shall be paid and reimbursed to police cadets enrolled in educational courses, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 30 (Relationship to the State Public Officials Act)
(1) Articles 73-4 and 76 (2) through (5) of the State Public Officials Act shall not apply to police officials, and the main sentence of Article 68 of the State Public Officials Act shall not apply to the Commissioner General and Chief Superintendent General.
(2) The State Public Officials Act shall be construed in accordance with the following subparagraphs when the said Act is applied to police officials: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
1. The term "class" in Articles 32-5 and 43 of the State Public Officials Act shall be construed as "rank";
2. The term "Minister of Personnel Management" in Articles 42 (2) and 85 (1) and (2) of the State Public Officials Act shall be construed as "Commissioner General of the Korean National Police Agency" or "Commissioner General of the Korea Coast Guard";
3. The term "this Act" in Articles 67, 68, 78 (1) 1 and (2), and 80 (7) and (8) of the State Public Officials Act shall be construed as "this Act and the State Public Officials Act";
4. The term "head of the central administrative agency responsible for personnel management" in Article 71 (2) 3 of the State Public Officials Act shall be construed as "Commissioner General of the Korean National Police Agency" or "Commissioner General of the Korea Coast Guard."
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
 Article 31 (Penalty Provisions)
(1) Any police official who violates Article 18 (2) or 19 of this Act or Article 58 (1) of the State Public Officials Act in times of war, disturbance, or any similar emergency situation, or while conducting operations shall be punished by imprisonment with labor for not less than three years while a police official who violates Article 18 (1) of this Act or Article 57 of the State Public Officials Act shall be punished by imprisonment with labor for not less than seven years.
(2) Any police official who violates Article 18 or 19 of this Act or Article 57 or 58 (1) of the State Public Officials Act when any crisis of mass casualties, other than those prescribed in paragraph (1), has occurred shall be punished by imprisonment with or without labor for not more than seven years.
(3) Any police official who violates Article 65 of the State Public Officials Act shall be punished by imprisonment with labor for not more than three years and suspension of qualifications for not more than three years, and the statute of limitations for such offense shall be ten years, notwithstanding Article 249 (1) of the Criminal Procedure Act. <Newly inserted by Act No. 12233, Jan. 14, 2014>
(4) Any police official who violates Article 44 or 45 of the State Public Officials Act shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding one million won, and a police official who violates Article 66 of the same Act shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding two million won. <Amended by Act No. 12233, Jan. 14, 2014>
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1983.
Article 2 (Transitional Measure concerning Persons under Punishment or Dismissal from Post)
An existing disciplinary disposition or dismissal from a post taken against a police official shall remain effective pursuant to former provisions if the police official is under discipline or dismissal from a post at the time this Act enters into force.
Article 3 (Transitional Measure concerning Police Officials under Conditional Appointment)
Police officials under conditional appointment pursuant to former provisions at the time this Act enters into force shall be deemed to have been appointed for a probationary period pursuant to Article 10: Provided, That such probationary period shall be the same as the period of conditional appointment under the former provisions.
Article 4 (Transitional Measure concerning Uniforms)
As to uniforms of police officials, the former provisions shall remain effective until Ordinance of the Ministry of Interior thereon is enacted and enters into force.
Article 5 (Transitional Measure concerning Number of Years for Rank Retirement)
A person who has completed the number of years needed to qualify for rank retirement under Article 24 (1) 2 before this Act enters into force shall be automatically retired on June 30, 1983, while a person who completes the number of years for rank retirement between January and June 1983 shall be automatically retired on December 31, 1983.
Article 6 (Relationship with the Criminal Procedure Act)
For purposes of Article 196 of the Criminal Procedure Act, Superintendents shall be regarded as senior judicial police officials under the said Article of the same Act and Senior Patrol Officer as judicial police officials under the said Article of the same Act, while the said Article of the same Act shall not be applicable to Superintendent Generals who are in service at the National Police Agency or the Korea Coast Guard.
ADDENDA <Act No. 3799, Dec. 28, 1985>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That provisions applicable to the mandatory retirement age of Senior Inspectors and Inspectors under Article 24 (1) 1 shall enter into force on January 1, 1987.
(2) (Applicability to Persons with Extended Retirement Age) Article 24 (1) shall also apply to persons who have their retirement age extended pursuant to former provisions before this Act enters into force or paragraph (3) of the Addenda to this Act.
(3) (Transitional Measure concerning Extension of Retirement Age of Senior Inspectors and Inspectors) Notwithstanding the amended provisions of Article 24 (2), the mandatory retirement age of Senior Inspectors and Inspectors may be extended until December 31, 1986 pursuant to the former provisions.
ADDENDA <Act No. 4369, May 31, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force 60 days after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 4406, Nov. 30, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Extension of Mandatory Retirement Age)
(1) Notwithstanding the amended provisions of Article 24 (2), the mandatory retirement age of a Senior Inspector or an Inspector who is in service at the time when this Act enters into force may be extended by not more than one year from the originally prescribed retirement date, if he/she is prescribed to retire in 1991, or by not more than two years from the originally prescribed retirement date, if he/she is prescribed to retire in 1992.
(2) Notwithstanding the amended provisions of Article 24 (1) 1, an Assistant Inspector or a lower-ranking police official who is in service at the time when this Act enters into force shall be deemed to have attained the mandatory retirement age under the amended provisions of Article 24 (1) 1 one year later, if he/she is to attain to the age of 55 years in 1991, or two years later, if he/she is to attain to the age of 55 years in 1992.
(3) Notwithstanding the amended provisions of Article 24 (1) 1 and Article 2 (2) of the Addenda, the mandatory retirement age of an Assistant Inspector or a lower-ranking police official whose mandatory retirement age has been already extended pursuant to the former provisions before this Act enters into force may be extended again by not more than one year from the previously extended retirement date if he/she is prescribed to retire in 1991 on the basis of the previously extended retirement date, by not more than two years if he/she is prescribed to retire in 1992 on the basis of the previously extended retirement date, or by not more than three years if he/she is prescribed to retire in 1993 or 1994 on the basis of the previously extended retirement date.
ADDENDA <Act No. 4798, Dec. 22, 1994>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
ADDENDA <Act No. 5153, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force on the enforcement date of the Presidential Decree on the Organization of the Ministry of Maritime Affairs and Fisheries and the Korea Coast Guard under the amended provisions of Article 41 within 30 days from the promulgation date of this Act.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 5291, Jan. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 5570, Sep. 19, 1998>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 24 (1) 2 regarding the number of years for rank retirement shall enter into force on January 1, 1999.
Article 2 (Transitional Measures concerning Mandatory Retirement Age)
(1) A police official who is in service at the time this Act enters into force shall be automatically retired on December 31, 1998, if his/her retirement date prescribed pursuant to the former provisions of Article 24 (1) 1 is December 31, 1998, on December 31, 1998, if his/her retirement date prescribed pursuant to the former provisions of Article 24 (1) 1 is June 30, 1999, or on March 31, 1999, if his/her retirement date prescribed pursuant to the former provisions of Article 24 (1) 1 is December 31, 1999.
(2) The extended period of retirement of Senior Inspectors and lower-ranking police officials who are in service at the time this Act enters into force with their mandatory retirement age extended pursuant to the former provisions of Article 24 (2) shall end on September 30, 1998.
Article 3 (Transitional Measures concerning Number of Years for Rank Retirement)
(1) Notwithstanding the amended provisions of Article 24 (1) 2, a police official who is in service in the rank of Senior Superintendent or Superintendent at the time this Act enters into force and who completed the number of years needed to qualify for rank retirement in 1999 pursuant to the former provisions of Article 24 (1) 2 shall reach be deemed to complete the number of years for rank retirement in 2000.
(2) Notwithstanding the amended provisions of Article 24 (1) 2, a police official who is in service in the rank of Superintendent at the time this Act enters into force and has completed the number of years needed to qualify for rank retirement in 2000 pursuant to the former provisions of Article 24 (1) 2 shall be deemed to complete the number of years needed to qualify for rank retirement in 2002.
Article 4 (Transitional Measure concerning Voluntary Early Retirement Allowance)
Notwithstanding the amended provisions of Article 24 (1) 1, the previous mandatory retirement age shall apply to the eligibility for payment of voluntary early retirement allowance and the amount of such allowance, where public officials retire earlier than the mandatory retirement age before December 31, 1999.
ADDENDA <Act No. 6436, Mar. 28, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 6897, May 29, 2003>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7187, Mar. 11, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 7249, Dec. 23, 2004>
This Act shall enter into force on the date of its promulgation
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 7803, Dec. 29, 2005>
This Act shall enter into force on March 1, 2006.
ADDENDA <Act No. 7967, Jul. 19, 2006>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8857, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. Act No. 9295, Dec. 31, 2008>
(1) (Enforcement Date) This Act shall enter into force on January 1, 2009.
(2) (Transitional Measure concerning Extension of Mandatory Retirement Age) Notwithstanding the amended provisions of Article 24 (1) 1, the mandatory retirement age of Senior Inspectors and lower-ranking police officials shall be 58 years of age from 2009 through 2010, 59 years of age from 2011 through 2012, and 59 years of age from 2013 onward.
ADDENDA <Act No. 10145, Mar. 22, 2010>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Applicability to Change of Types of Punishment) The amended provisions of Articles 6, 24, and 27 shall apply where a cause of discipline first arises on or after the enforcement date of this Act.
ADDENDUM <Act No. 10743, May 30, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 11030, Aug. 04, 2011>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11042, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2012.
Article 2 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12233, Jan. 14, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That, among the Acts amended according to Article 6 of the Addenda, any part amending Acts that were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive shall enter into force on the enforcement date of the respective Acts.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12912, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetent Persons, etc.)
Notwithstanding the amended provisions of Article 7 (2) 3, persons in whose case the declaration of incompetency or quasi-incompetency remains effective pursuant to Article 2 of the Civil Act as partially amended by Act No. 10429 shall be governed by the former provisions.
Article 3 (Transitional Measures concerning Ongoing Special Recruitment Examination)
Notwithstanding the amended provisions of Article 8, any special recruitment examination that is underway at the time this Act enters into force shall be governed by the former provisions.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among Acts amended in accordance with Article 5 of these Addenda, amendments to the Acts, which were promulgated before this Act enters into force, but the dates on which they are to enter into force have yet to arrive, shall enter into force on the enforcement dates of the respective Acts.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 14876, Sep. 19, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 15522, Mar. 20, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 30 Omitted.