SECURITY SURVEILLANCE ACT
Wholly Amended by Act No. 4132, jun. 16, 1989
Amended by Act No. 4396, Nov. 22, 1991
Act No. 6627, Jan. 26, 2002
Act No. 7227, Oct. 16, 2004
Act No. 7247, Dec. 23, 2004
Act No. 7427, Mar. 31, 2005
Act No. 7655, Aug. 4, 2005
Act No. 8435, May 17, 2007
Act No. 13722, Jan. 6, 2016
Act No. 13764, Jan. 19, 2016
The purpose of this Act is to maintain national safety and social peace by taking security surveillance disposition against a person who has committed a specific crime in order to prevent the risk of repeating a crime and to promote his return to normal social life.
| Article 2 (Crimes Subject to Security Surveillance) |
The term "crimes subject to security surveillance" used in this Act means crimes falling under any of the following subparagraphs:
| 3. | Crimes specified in Articles 4, 5 (excluding crimes falling under Article 4 (1) 6 from among those provided in paragraph (1)), 6 and 9 (1), (3) (excluding attempted crimes under paragraph (2)) and (4) of the National Security Act. |
| Article 3 (Persons Subject to Security Surveillance Disposition) |
The term "persons subject to security surveillance disposition" used in this Act means persons who have been punished by imprisonment without prison labor or heavier, the total term of which is three years or more, and have served the said punishment in whole or in part, for crimes subject to security surveillance or concurrent offenses therewith.
| Article 4 (Security Surveillance Disposition) |
| (1) | Those persons falling under Article 3 who are deemed to require surveillance in order to prevent the repetition of crimes subject to security surveillance because reasonable grounds exist to believe that the risk of recommiting crimes exists such shall be placed on a security surveillance disposition. |
| (2) | A person who has been plays on security surveillance disposition shall report the prescribed matters to the chief of the police station (hereinafter referred to as the "chief of the competent police station") having jurisdiction over the area of his residence, in such a manner as provided for in this Act, and shall submit himself to security surveillance under the instructions by the chief of the competent police station within the limit necessary to prevent the recommission of crimes. |
| Article 5 (Period of Security Surveillance Disposition) |
| (1) | The period of a security surveillance disposition shall be two years. |
| (2) | The Minister of Justice may, upon request by a public prosecutor, renew the period through a resolution of the Security Surveillance Disposition Review Board. |
| Article 6 (Report by Persons Subject to Security Surveillance Disposition) |
| (1) | A person subject to security surveillance disposition shall, as provided by Presidential Decree, report his intended place of residence and other matters prescribed by Presidential Decree, to the chief of the police station having jurisdiction over his intended place of residence via the warden of the correctional institution, juvenile reformatory, detention center, police station cell, or military correctional institution or prison (hereinafter referred to as "correctional institution, etc.") prior to his release from the said institution; within 7 days after his release he shall report the fact of his release to the said chief of the police station having jurisdiction over his intended place of residence. In cases falling under Article 20 (3), the place of residence (hereinafter referred to as "residence") offered by the Minister of Justice shall be reported as the intended place of residence. |
| (2) | When any change is made to the reported matters under paragraph (1) after a person subject to security surveillance disposition is released release from the correctional institution, etc. he shall report to the chief of the competent police station changed matters within seven days from the date of the change thereof: Provided, That when a person who has been offered a place of residence under Article 20 (3) intends to move his residence, he shall make a report under the proviso to Article 18 (4) to the chief of the competent police station in advance. |
| (3) | When any case arises involving a person falling under Article 3, the warden of the correctional institution, shall, without delay, give notice to the Security Surveillance Disposition Review Board, and to public prosecutor and the chief of the police station having jurisdiction over the area of his intended residence. |
| Article 7 (Request for Security Surveillance Disposition) |
A request for security surveillance disposition shall be made by a public prosecutor.
| Article 8 (Method of Request) |
| (1) | The request for security surveillance disposition under Article 7 shall be made by a public prosecutor by filing a written request therefor (hereinafter referred to as a "written request for disposition") with the Minister of Justice. |
| (2) | The following matters shall be stated in the written request for disposition: |
| 1. | Name of the person who is requested to be placed on a security surveillance disposition (hereinafter referred to as "the claimed"), and other matters descriptive of the claimed; |
| 2. | Facts which constitute causes of the request; and |
| 3. | Other matters prescribed by the Presidential Decree. |
| (3) | When a public prosecutor submits a written request for disposition, he shall attach thereto the data concerning the facts which constitute causes of the request and his written opinion. |
| (4) | When a public prosecutor has submitted a written request for security surveillance disposition, he shall, without delay, serve the claimed with a copy of security surveillance said request. In this case, the provisions concerning service of notice in the Civil Procedure Act shall be applied mutatis mutandis to the service hereof. |
| (1) | A public prosecutor may, when deemed necessary to the request for security surveillance disposition under Article 7, examine the person subject to security surveillance disposition the facts which constitute the causes for the request, and material to determine the necessity of security surveillance disposition. |
| (2) | Ordinary judicial police officers and special judicial police officers (hereinafter referred to as "judicial police officers") may conduct examinations stipulated in paragraph (1) above, in the direction of a public prosecutor. |
| (1) | The Minister of Justice shall review the requested security surveillance on the basis of a written request for disposition and the data presented therefor. |
| (2) | The Minister of Justice may, when deemed necessary for review under paragraph (1) above, order officials of the Ministry of Justice to conduct an examination thereof. |
| (3) | The public official ordered to conduct an examination under the provisions of paragraph (2) above shall have the following powers. |
| 1. | To summon, interrogate and investigate the claimed and other related persons; and |
| 2. | To make inquiries to government agencies, other public or private organizations, and to request them to present related materials. |
| Article 11 (Exemption from Security Surveillance Disposition) |
| (1) | The Minister of Justice may make a decision not to impose a security surveillance disposition (hereinafter referred to as "exemption decision") upon a person, subject to security surveillance disposition, who meets the following requirements: |
| 1. | A firmly established law-abiding spirit; |
| 2. | A fixed residence and occupation; and |
| 3. | The ability to furnish a personal identity as provided in the Presidential Decree. |
| (2) | When the Minister of Justice has received a request from a person subject to security surveillance disposition who meets the requirements under paragraph (1), he shall make a decision whether or not to exempt him from security surveillance disposition within three months. |
| (3) | When a public prosecutor deems that a person subject to security surveillance disposition who meets the requirements under paragraphs (1) and (2) of this Article is no longer a dangerous person when taking into account his circumstances, he may request the Minister of Justice to make an exemption decision. |
| (4) | If a person who has received an exemption decision becomes disqualified from meeting the requirements for an exemption decision, the Minister of Justice may, upon request of a public prosecutor, cancel the exemption decision. |
| (5) | Provisions pertaining to a request for security surveillance disposition, review and decision thereof shall apply mutatis mutandis to an exemption decision, a request for an cancellation of the exemption decision, and a decision thereof. |
| (6) | A person who has received an exemption decision of security surveillance disposition shall be exempted from the obligations of persons subject to security surveillance disposition or of a person under security surveillance. |
| Article 12 (Security Surveillance Disposition Review Board) |
| (1) | The Security Surveillance Disposition Review Board (hereinafter referred to as the "Board") shall be established at the Ministry of Justice to review cases relating to security surveillance disposition. |
| (2) | The Board shall consist of one chairman and six members. |
| (3) | The Vice Minister of Justice shall be the chairman, and the members shall be appointed from those of learning and moral character, and a majority of them shall be qualified as attorney-at-law. |
| (4) | The members shall, upon recommendation of the Minister of Justice, be appointed or commissioned of the President. |
| (5) | The term of office of the commissioned member shall be two years: Provided, That where any member who is a public official is discharged from his post his membership shall be disqualified. |
| (6) | Members of the Board who are not public officials shall be regarded as public officials in the application of penal provisions of this Act and other Acts. |
| (7) | The chairman shall supervise the affairs of the Board, represent it, convene a meeting of the Board, and preside over the meeting. <Amended by Act No. 13764, Jan. 19, 2016> |
| (8) | In case of an accident to the chairman, a member designated by him in advance shall act for him. |
| (9) | The Board shall review and resolve the following matters: |
| 1. | Decision on security surveillance disposition or rejection thereof; |
| 2. | Decision on exemption or cancellation thereof; |
| 3. | Decision on cancellation or renewal of the period of security surveillance disposition. |
| (10) | A meeting shall be held with the attendance of a majority of the members including the chairman, and a resolution shall be made by a majority of the members present. |
| (11) | Particular matters relating to operation, general affairs and other necessary matters of the Board shall be provided by the Presidential Decree. |
| Article 13 (Presentation of Information, etc., by the Claimed) |
| (1) | The claimed may, within seven days from the date he has been served with a copy of the written request for disposition, present or submit in writing a factual statement or relevant information favorable to him to the Minister of Justice or the Board. |
| (2) | The Board may, when deemed necessary, summon, interrogate or investigate the claimed and other related persons, make inquiries to public offices or other public or private organizations, and request them to present related data. |
| (1) | A decision on security surveillance disposition shall be made by the Minister of Justice through a resolution of the Board. |
| (2) | The Minister of Justice shall not make a decision different from the resolution of the Board: Provided, That this shall not apply in case where the Minister of Justice makes a decision which is more favorable to the person subject to security surveillance disposition than the resolution of the Board. |
| Article 15 (Written Resolutions, etc.) |
| (1) | Resolutions of the Board shall state the reasons therefor, and shall be made in form of a written document signed and sealed by the chairman and the members present. |
| (2) | A decision of the Minister of Justice shall state the reasons therefor, and shall be made in form of a written document signed and sealed by the Minister of Justice. |
| Article 16 (Cancellation, etc. of Decision) |
| (1) | A public prosecutor may request the Minister of Justice to cancel the security surveillance disposition or to renew the period thereof. |
| (2) | When the Minister of Justice has received a request under paragraph (1) above, he shall review the request and make a decision thereon through a resolution of the Board. |
| (3) | The provisions relating to a request for security surveillance disposition review thereof, and decision thereon shall be applied mutatis mutandis to the request, review and decision under paragraphs (1) and (2) above. |
| Article 17 (Execution of Security Surveillance Disposition) |
| (1) | The execution of security surveillance disposition shall be directed by a public prosecutor. |
| (2) | The direction under paragraph (1) above, shall be carried out in writing, with a copy of the decision attached thereto. |
| (3) | When a person under security surveillance has fled or been missing for more than one month, a public prosecutor may make a decision to suspend the execution of security surveillance disposition. Where the ground for such a decision has ceased to exist, he shall, without delay, cancel the decision. |
| Article 18 (Matters to be Reported) |
| (1) | A person who is under security surveillance disposition (hereinafter referred to as "person under security surveillance") shall report to the chief of the competent police station via the chief of an area patrol unit or a police substation (hereinafter referred to as the "chief of area patrol unit or substation") having jurisdiction over the area of his residence, on the matters falling under the following subparagraphs, within seven days from the date he receives a notice of the decision on security surveillance disposition. In cases falling under Article 20 (3), he shall report the place of residence which the Minister of Justice offers as his residence: <Amended by Act No. 7247, Dec. 23, 2004; Act No. 8435, May 17, 2007> |
| 1. | Place of register, residence (the place in which he actually resides), name, date of birth, gender, and resident registration number; |
| 2. | Family, cohabitants, and associates; |
| 3. | Occupation, monthly income, and the financial status of the person subject to security surveillance and his family; |
| 4. | Educational, and career background; |
| 5. | Religion and membership in organizations; |
| 6. | Place of work, and contact telephone number; |
| 7. | The competent police station where the report on the person subject to security surveillance disposition is made, and the date of report; and |
| 8. | Other matters prescribed by Presidential Decree. |
| (2) | A person under security surveillance shall report to the chief of the competent police station via the chief of an area patrol unit or a police sub station on the matters falling under the following subparagraphs, on the last day of every third month beginning with the month in which a person received notice of decision on security surveillance disposition: <Amended by Act No. 7247, Dec. 23, 2004> |
| 1. | Major activities for a three-month period; |
| 2. | Personal details about other persons subject to security surveillance disposition whom the person under security surveillance has communi cated with and met, and the date, place and details thereof; |
| 3. | Matters relating to trips made during a three-month period (including matters concerning a trip that has been suspended after making a report); and |
| 4. | Matters directed by the chief of the competent police station to report on security surveillance. |
| (3) | When any change is made to the matters reported under paragraph (1), a person under security surveillance shall report to the chief of the compe tent police station via the chief of an area patrol unit or a police substation on the changed matter within seven days therefrom. When a person under security surveillance has been offered a place of residence under Article 20 (3) after making a report under paragraph (1), or a place of residence has been changed under Article 20 (5), he shall report to the chief of the competent police station via the chief of an area patrol unit or a police substation within seven days after moving into the place of residence of fered or changed. <Amended by Act No. 7247, Dec. 23, 2004> |
| (4) | When a person under security surveillance intends to move his residence, or travel overseas, or travel away from his residence for ten or more days, he shall report in advance to the chief of the competent police station via the chief of an area patrol unit or a police substation on his intended place of residence, his intended place of travel, and other matters prescribed by Presidential Decree: Provided, That when a person who has been offered a place of residence under Article 20 (3) intends to move his residence, he shall make an application for change of residence under Article 20 (5) and report the new address as his intended place of residence. <Amended by Act No. 7247, Dec. 23, 2004> |
| (5) | When the chief of the competent police station has received a report under paragraphs (1) through (4), he shall deliver a certificate of com pleted report. |
| (1) | A public prosecutor or judicial police officer may take the following directive measures to prevent the recommission of crime and to ensure a person under security surveillance return to normal social life: |
| 1. | Make close contact with a person under security surveillance and always observe his behavior, environment, etc.; |
| 2. | Give a person under security surveillance appropriate instructions while he carries out the matters to be reported correctly perform the report; and |
| 3. | Take other measures required for a person under security surveillance to become a good member of society. |
| (2) | A public prosecutor or judicial police officer may, when deemed specifically necessary for preventing a person under security surveillance from recommitting crimes, take the following measures: |
| 1. | Prohibit him from meeting or communicating with a person who has committed crimes falling under security surveillance; |
| 2. | Prohibit him from having access to places of assembly and demonstration which clearly and directly, menace public peace and order by way of mob violence, intimidation, destruction, damage, arson, etc.; and |
| 3. | Demand the attendance of a person under security surveillance at a specific place for his protection or examination. |
| (1) | A public prosecutor or judicial police officer may give to such a person under security surveillance appropriate protection deemed necessary for edification and self-defense while he exerts himself to rely upon himself. |
| (2) | Methods of protection under paragraph (1) include the following: |
| 1. | Assist him to find residence and employment; |
| 2. | Provide opportunities for vocational training; |
| 3. | Improve his environment; and |
| 4. | Render other assistance necessary for the return of the said person to normal social life. |
| (3) | The Minister of Justice may, as prescribed by Presidential Decree, offer a place of residence to persons subject to security surveillance disposition or persons under security surveillance who don't have any family members in Korea, or who have family members who refuse to take them in. |
| (4) | When the chief of any social welfare facilities determined by Presidential Decree under the Social Welfare Services Act is requested to offer a place of residence for a person subject to security surveillance disposition or for a person under security surveillance from the Minister of Justice, he shall not refuse it without any justifiable reason. |
| (5) | When a member of family who hopes to undertake a person offered a place of residence under paragraph (3) has appeared, or there are other factors which necessitate a change of residence, the Minister of Justice may, upon the application of the said person or request of a public prosecutor, change the place of residence already offered. In such cases, the Minister of Justice shall make a decision on whether to change the place of residence within three months. |
| Article 21 (Emergency Relief) |
When a person under security surveillance is wounded or fallen ill, or other urgent matters happens to him, a public prosecutor or judicial police officer may give necessary aid in such a manner as prescribed by Presidential Decree.
When sufficient grounds exist to suspect that a person under security surveillance has violated or is in danger of violating his obligations, a public prosecutor or judicial police officer may urge him to perform the duties and warn him that he may receive unfavorable disposition, including criminal punishment.
| Article 23 (Administrative Litigation) |
When a person who has received a decision of the Minister of Justice pursuant to this Act has an objection to the said decision, he may, in such a manner as provided for in the Administrative Litigation Act, appeal to the Seoul High Court within 60 days from the date on which the decision is executed: Provided, That when a person who has received a decision rejecting his request for an exemption decision under Article 11 has an objection to the said decision, he may appeal to the Seoul High Court within 60 days from the date of such decision.
| Article 24 (Application Mutatis Mutandis of the Administrative Litigation Act) |
<The proviso to this Act is amended by the Act No. 7227, promulgated on October 16, 2004, pursuant to the decision of inconsistency with the Constitution by the Constitutional Court on April 26, 2001>
| Article 25 (Computation of Period) |
| (1) | The period of security surveillance disposition shall be counted from the date on which such disposition is executed. In such cases, the first day shall be included in the period. |
| (2) | The period during which the report under Article 18 (1) through (4) has not been made shall not be included in computing the period of the security surveillance disposition concerned. |
| (3) | The period of security surveillance disposition shall be suspended if a decision to suspend the execution of security surveillance disposition is made or the person in question is under imprisonment, imprisonment without prison labor, detention or custody at a workhouse, care and custody under the Social Protection Act, or medical treatment and custody under the Medical Treatment and Custody Act. <Amended by Act No. 7655, Aug. 4, 2005> |
| Article 26 (Exceptional Provisions, etc. concerning Persons to Whom the Military Act Applies) |
| (1) | With regard to security surveillance disposition to be imposed upon persons enumerated in any of the subparagraph of Article 2 (1) of the Military Court Act, the duties of the Minister of Justice, public prosecutor and judicial police officer shall be carried out respectively by the Minister of National Defense, prosecutor of the Military Court, and military judicial police officer. |
| (2) | The Military Security Surveillance Disposition Review Board shall be established within the Ministry of National Defense to review and resolve the security surveillance disposition of persons enumerated in any of the subparagraphs of Article 2 (1) of the Military Court Act. |
| (3) | The provisions of Article 12 shall be applied mutatis mutandis to the organization and operation of the Military Security Surveillance Dispo sition Review Board. |
| (4) | When it is apparent that a person subject to security surveillance disposition does not fall under any of the subparagraphs enumerated in Article 2 (1) of the Military Court Act, the Minister of National Defense or prosecutor of the Military Court shall transfer the case to the Minister of Justice or a public prosecutor. In such cases, the review or examination conducted prior to the transfer shall remain effective even after the transfer. |
| (5) | When it is apparent that a person subject to security surveillance disposition falls under any of the subparagraphs enumerated in Article 2 (1) of the Military Court Act, the Minister of Justice or public prosecutor shall transfer the case to the Minister of National Defense or a prosecutor of the Military Court. In such cases, the review or examination conducted prior to the transfer shall remain effective even after the transfer. |
| Article 26 (Exceptional Provisions, etc. concerning Persons to Whom the Military Act Applies) |
| (1) | With regard to security surveillance disposition to be imposed upon persons referred to in any of the subparagraph of Article 2 (1) of the Military Court Act, the duties of the Minister of Justice, a public prosecutor and a judicial police officer shall be carried out respectively by the Minister of National Defense, a military prosecutor of the military prosecutor’s office, and a military judicial police officer. <Amended by Act No. 13722, Jan. 6, 2016> |
| (2) | The Military Security Surveillance Disposition Review Board shall be established within the Ministry of National Defense to review and resolve the security surveillance disposition of persons enumerated in any of the subparagraphs of Article 2 (1) of the Military Court Act. |
| (3) | The provisions of Article 12 shall be applied mutatis mutandis to the organization and operation of the Military Security Surveillance Disposition Review Board. |
| (4) | When it is apparent that a person subject to security surveillance disposition does not fall under any of the subparagraphs enumerated in Article 2 (1) of the Military Court Act, the Minister of National Defense or a military prosecutor of the military prosecutor’s office shall transfer the case to the Minister of Justice or a public prosecutor. In such cases, the review or examination conducted prior to the transfer shall remain effective even after the transfer. <Amended by Act No. 13722, Jan. 6, 2016> |
| (5) | When it is apparent that a person subject to security surveillance disposition falls under any of the subparagraphs enumerated in Article 2 (1) of the Military Court Act, the Minister of Justice or public prosecutor shall transfer the case to the Minister of National Defense or a military prosecutor of the military prosecutor’s office. In such cases, the review or examination conducted prior to the transfer shall remain effective even after the transfer. <Amended by Act No. 13722, Jan. 6, 2016> |
| Article 27 (Penal Provisions) |
| (1) | When a person subject to security surveillance disposition or a person under security surveillance has, for the purpose of evading security surveillance disposition or security surveillance, hidden himself or fled, he shall be punished by imprisonment for not more than three years. |
| (2) | A person who, either fails to file a report under Articles 6 (1) and (2), and 18 (1) through (4), makes a false report, or fails to state his intended address or place of residence clearly without any justifiable reason, shall be punished by imprisonment for not more than two years or by a fine not more than one million won. |
| (3) | A person who violates the measures under Article 19 (2) without any justifiable reason shall be punished by imprisonment not more than one year or by a fine not more than five hundred thousand won. |
| (4) | A person who violates Article 20 (4) shall be punished by imprisonment for not more than six months or by a fine not more than five hundred thousand won. |
| (5) | When a public official engaged in the affairs of security surveillance disposition, either refuses to perform or neglects his duties, or make a false report without any justifiable reason, he shall be punished by imprisonment for not more than two years or by a suspension of his qualification for not more than five years. |
| (6) | A person who harbors a person subject to security surveillance disposition or a person under security surveillance, or causes him to flee, shall be punished by imprisonment for not more than two years: Provided, That when a linear relative commits the crime under this paragraph for the benefit of himself, the said relative shall not be punished. <Amended by Act No. 7427, Mar. 31, 2005> |
| (7) | When a public official engaged in the affairs of security surveillance disposition, or a person who has furnished a personal reference under Article 11, without justifiable reasons, makes public or divulges facts he has learned of the person subject to security surveillance disposition pursuant to this Act, he shall be punished either by imprisonment for not more than two years or by a suspension of his qualifications for not more than five years. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force three months on the date of its promulgation.
Article 2 (Transitional Measures to Person Subject to Security Surveillance Disposition)
In the application of this Act, a person falling under any of the following subparagraphs shall be regarded as a person subject to security surveillance disposition:
| 1. | A person who, at the time when this Act enters into force, falls under Article 3 of this Act; |
| 2. | A person who, at the time when this Act, enters into force has been punished by imprisonment without prison labor or heavier, the total term of which is three years or more and has served the sentence, in whole or in part, crimes stipulated under Articles 81 through 85, 87(excluding attempted crimes) and 88(excluding crimes falling under Article 86) of the previous Criminal Act, Articles 3 through 5 of the previous Special Measures on Punishment of Crimes in Emergency Situations; Articles 1 through 4 of the previous National Security Act, Act No.10; Articles 1 through 5 of the Previous National Security Act, Act No. 85; Articles 6 through 20 (excluding Article 17 (4)), Article 21 (1), Articles 25 and 28 (excluding preparation, conspiracy and attempted crimes under Article 17 (4) and Article 21(2) through (4)) of the previous National Security Act, Act No.500; Articles 2 through 8 (excluding attempted crimes, preparation, and conspiracy of Article 1, and preparation and conspiracy of Article 5 (2)) of the previous National Security Act, Act No.549; Articles 6 (excluding entry into or escape from the territory under the direction of communist organizations overseas, and attempted crimes, preparation, and conspiracy of paragraph (4)) and 7 of the Anti-Communism Act, Articles 32 and 33 of the previous National Defense Guard Act; Articles 8-2 and 9 of the previous Coastal Guard Act, or for concurrent offenses with the crimes; |
| 3. | A person committing a crime enumerated in paragraph (2) at the time when this Act enters into force, who, after the time when this Act enters into force, has been punished by imprisonment without prison labor or heavier, the total term of which is three years or more and has served the sentence in whole or in part, for such crimes enumerated in subparagraphs 2 above or concurrent offenses. |
Article 3 (Transitional Measures pertaining to Person under Security Disposition)
A person receiving a decision on security disposition, renewal of the period thereof, or each rejection under the provisions of the previous Social Security Act at the time when this Act enters into force, who becomes a person subject to security surveillance disposition under this Act, shall be regarded as having received a decision on security surveillance disposition, renewal of the period thereof, or each rejection under this Act. Article 4 (Transitional Measures to Person who is under Security Custody)
Regarding a person who, at the time when this Act enters into force, is under security custody under the provisions of the previous Social Safety Act, the Minister of Justice may postpone his release within the limit of one month to obtain an offer for a place of residence under Article 20 (3) or other measures necessary for the release. Article 5 (Transitional Measures pertaining to Person, etc. Receiving an Exemption Decision from Security Disposition)
A person receiving a decision on exemption from security disposition, rejection of a request or application therefor, or cancellation of an exemption decision under the provisions of the previous Social Security Act at the time when this Act enters into force, who becomes a person subject to security surveillance disposition under this Act shall be regarded as having received a decision on exemption from security surveillance disposition, rejection of request or application therefor, or cancellation of exemption decision. Article 6 (Transitional Measures pertaining to Report Obligations)
| (1) | A person who becomes subject to security surveillance disposition under Article 2 of this Addenda shall make a report under Article 6 (1) and (2), and a person who, at the time when this Act enters into force, has been released from correctional institution where he has served the sentence, to the chief of the competent police station on the matters to report under Article 6 (1) and (2) within 30 days from the date this Act enters into force, a person who, at the time of this Act enters into force: Provided, That a person who has made a report under the provisions of Article 9 of the previous Social Safety Act shall be regarded as having made a report under the provisions of Article 6 (1). |
| (2) | A person who becomes subject to security surveillance under Act 3 of this Addenda shall make a report under Act 18 (1) through (4). Matters to be reported under the provisions of Article 18 (1) shall be reported within 30 days from the enforcement of this Act, and matters to be re ported under the provisions of Article 18 (2) shall be reported to the chief of competent police station on the last day of every third month begin ning from month in which the said report was made. |
Article 7 (Transitional Measures pertaining to Administrative Litigation)
The provisions of Articles 23 and 24 shall apply mutatis mutandis to cases which are in the courts, at the time when this Act enters into force: Provided, That an act of litigation conducted prior to the enforcement of this Act shall not lose effect.
Article 8 (Relation to Other Acts)
Article 9 (Penal Provisions)
A person who fails to make report under Article 6 of this Addenda shall be punished under Article 27 (2).
ADDENDA <Act No. 4396, Nov. 22, 1991>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Person Subject to Security Surveillance Disposition) Among violators of the previous National Security Act, Act No. 3318 and 3993, at the time when this Act enters into force, only persons who have been punished by imprisonment without prison labor or heavier, the total term of which is three years or more, and have served the punishment, in whole or in part, for crimes stipulated under Articles 4 (excluding dissemination of facts with distortion, and the attempt, preparation, or conspiracy to do so in paragraph (1) 6), 5 (excluding acts fall ing under Article 4 (1) 6 and attendant attempted crimes, preparation, and conspiracy as well as subparagraph 5), 6 (excluding paragraph (3) and its attempted crimes, preparation, and conspiracy), and 9 (1), (3) (attempted crimes described in paragraph (2)), and 9 (4), or for concurrent offences, shall be deemed to be subject to security surveillance disposition. |
ADDENDA <Act No. 6627, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 7227, Oct. 16, 2004>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7247, Dec. 23, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 7427, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That …
Articles 2 through 7 Omitted.
ADDENDA <Act No. 7655, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 8435, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008. (Proviso Omitted.)
Articles 2 through 9 Omitted.
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.
ADDENDUM <Act No. 13764, Jan. 19, 2016>
This Act shall enter into force on the date of its promulgation.