REGULATIONS ON THE SUPERVISION OF PAROLEES
Wholly Amended by Presidential Decree No. 21094, Oct. 29, 2008
Amended by Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 26921, Jan. 22, 2016
Presidential Decree No. 28016, May 8, 2017
The purpose of this Decree is to prescribe matters necessary for the protection and supervision of parolees during the period of parole.
| Article 3 (Protection and Supervision of Parolees) |
Every parolee shall be placed under the protection and supervision of the head of a police station having jurisdiction over his/her place of residence (including a police precinct; hereinafter the same shall apply).
| Article 4 (Notification of Parole) |
| (1) | Where the head of a correctional institution, house of detention, or its branch (hereinafter referred to as "correctional institution") releases a person who is granted parole, he/she shall give prior notice thereof to the head of a district prosecutors' office (including the head of a branch prosecutors' office of the district prosecutors' office; hereinafter the same shall apply) having jurisdiction over the place of residence of a person to be paroled, the director of a prosecutors' office corresponding to a court that has passed a sentence, and the head of a police station who will protect and supervise a person to be paroled (hereinafter referred to as "competent police station"). |
| (2) | The head of a correctional institution shall advise a person who is granted parole of grounds for revoking or invalidating parole, matters to be observed by parolees, etc., and issue a certificate of parole stating the deadline by which he/she is to arrive at his/her place of residence, the deadline by which he/she is to attend the competent police station, etc. |
| Article 5 (Parolee's Duty to Make Appearance) |
Each parolee shall make an appearance at the competent police station by the deadline stated in a certificate of parole issued under Article 4 (2) and obtain confirmation thereof on the certificate: Provided, That where he/she is unable to make an appearance or has failed to do so by the deadline due to an act of God, disease, or other unavoidable circumstances, he/she shall immediately report such fact to the head of the nearest police station, obtain a written confirmation in attached Form 1, and submit it to the head of the competent police station. <Amended by Presidential Decree No. 26921, Jan. 22, 2016>
| Article 6 (Parolee's Duty to Report) |
| (1) | Where any parolee arrives at his/her place of residence, he/she shall immediately formulate a life plan, including a job in which he/she will be engaged, and report such life plan in writing to the head of the competent police station. |
| (2) | Any person in charge of the protection of a parolee shall affix his/her signature and seal or signature to a written report under paragraph (1). |
| Article 7 (Measures Taken by Heads of Competent Police Stations) |
| (1) | The head of the competent police station may give appropriate directions to a parolee to encourage him/her to engage in a normal job and to prevent him from committing misconduct during the period of his/her parole. |
| (2) | Where the head of the competent police station deems it specifically necessary to prevent a parolee from repeating an offense while giving directions referred to in paragraph (1), he/she may take necessary measures, such as an order to restrict access to a specific place. |
| (3) | Where the head of the competent police station takes measures under paragraph (2), he/she shall notify the head of the competent district prosecutors' office and the head of the correctional institution (hereinafter referred to as "head of a related institution") who confined a parolee and has released him/her (hereinafter referred to as "release facility") of such fact. |
| Article 8 (Investigation of Parolees) |
The head of the competent police station shall prepare an investigation report on the conduct of a parolee, the type of his/her job, the standard of his/her living, relationship with his/her family, whether he/she is protected by his/her family, and other references every six months and notify the head of a related institution thereof: Provided, That the foregoing shall not apply where no changes have been made.
| Article 9 (Delegation of Protection and Supervision) |
| (1) | The head of the competent police station may delegate the protection and supervision of a parolee to an appropriate person after seeking the opinion of the head of the relevant release facility. |
| (2) | Any person to whom the protection and supervision of a parolee has been delegated pursuant to paragraph (1) shall report the matters provided for in Article 8 to the head of the competent police station on the last day of each month. |
| Article 10 (Changes in Domestic Residence and Domestic Travel) |
| (1) | Where a parolee intends to relocate his/her residence or travel for at least a month in the Republic of Korea (hereinafter referred to as “change in domestic residence, etc.”), he/she shall file a report thereon with the head of the competent police station. |
| (2) | Any person who intends to file a report under paragraph (1) shall submit a written report in attached Form 2 (including one in electronic form) to the head of the competent police station. |
[This Article Wholly Amended by Presidential Decree No. 26921, Jan. 22, 2016]
| Article 11 (Measures Following Reporting on Changes in Domestic Residence, etc.) |
| (1) | Where a parolee files a report on any change in domestic residence, etc., the head of the competent police station shall give directions under Article 7 (1) and take measures under Article 7 (2): Provided, That the foregoing shall not apply where he/she relocates his/her residence or travels within the jurisdiction of the competent police station. <Amended by Presidential Decree No. 26921, Jan. 22, 2016> |
| (2) | Article 7 (3) shall apply mutatis mutandis to cases falling under paragraph (1). |
| Article 12 (Notification of Reporting on Changes in Domestic Residence, etc.) |
Upon receipt of a report on a change in domestic residence, etc. under Article 10, the head of the competent police station shall notify it to the head of a district prosecutors' office and the head of a police station having jurisdiction over his/her new place of residence, and send related documents to the head of the relevant police station. <Amended by Presidential Decree No. 26921, Jan. 22, 2016>
| Article 13 (Emigration and Overseas Travel) |
| (1) | Where a parolee intends to emigrate or travel overseas for at least one month (hereinafter referred to as “emigration, etc.”), he/she shall file a report thereon with the head of the competent police station. |
| (2) | Any person who intends to file a report under paragraph (1) shall submit a written report in attached Form 3 (including one in electronic form), accompanied by the following documents (including those in electronic form), to the head of the competent police station. In such cases, a public official-in-charge shall confirm an extract from the parolee’s resident registration by using the administrative information shared under paragraph (1) of Article 36 of the Electronic Government Act, and shall require the parolee to submit an extract where he/she does not consent to such confirmation: <Amended by Presidential Decree No. 28016, May 8, 2017> |
| 1. | One copy of a certificate of parole or a certificate of confinement; |
| 2. | One copy of an invitation letter, etc.; |
| 3. | One copy of a written pledge to return to the Republic of Korea (to be submitted by overseas travelers only). |
[This Article Wholly Amended by Presidential Decree No. 26921, Jan. 22, 2016]
| Article 14 Deleted. <by Presidential Decree No. 26921, Jan. 22, 2016> |
| Article 15 (Reporting on Stopping of Emigration, etc.) |
Where a parolee who has filed a report under Article 13 no longer proceeds with his/her emigration, etc., he/she shall immediately report such fact to the head of the competent police station. <Amended by Presidential Decree No. 26921, Jan. 22, 2016>
| Article 16 (Overseas Traveler's Reporting on Returning Home) |
Where a parolee who has travelled overseas returns home and arrives at his place of residence, he/she shall immediately report his/her arrival to the head of the competent police station. The foregoing shall also apply where a parolee who emigrated enters the Republic of Korea.
| Article 17 (Notification of Reported Matters) |
Upon receipt of reports under Articles 13, 15 and 16, the head of the competent police station shall notify such fact to the head of a related institution. <Amended by Presidential Decree No. 26921, Jan. 22, 2016>
| Article 18 (Reporting on Invalidation, etc. of Parole) |
Where the head of a district prosecutors' office, the head of a police station, or the head of a correctional institution becomes aware that a parolee falls under Article 74 or 75 of the Criminal Act, he/she shall immediately notify the head of the relevant release facility of such fact, and the head of the release facility in receipt of notification shall immediately report such fact to the Minister of justice.
| Article 19 (Revocation, etc. of Parole) |
| (1) | Where the Minister of Justice revokes parole, he/she shall notify such fact to the head of a district prosecutors' office who has jurisdiction over the place of residence of a parolee, the head of the correctional institution, or the head of the correctional institution who has confined the parolee as at the time his/her parole is revoked, and require the head of the relevant agency or institution to execute his/her remaining sentence. |
| (2) | In cases falling under paragraph (1), a certificate of parole issued under Article 4 (2) shall become void. |
| Article 20 (Notification of Death) |
| (1) | Where a parolee dies, the head of the competent police station shall notify the head of a related institution of his/her death. |
| (2) | The head of the relevant release facility in receipt of notification under paragraph (1) shall report such fact to the Minister of Justice. |
| Article 21 (Provisions Applied Mutatis Mutandis) |
The Minister of National Defense shall perform the duties of the Minister of Justice, and a military prosecutor of a military prosecutors' office corresponding to a military court which has passed a sentence shall perform the duties of a public prosecutor with regard to a person sentenced by a military court.
ADDENDUM
This Decree shall enter into force on December 22, 2008.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 26921, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures regarding Approval for Change in Domestic Residence, etc. or Emigration, etc.)
Any person who obtained approval of a change in domestic residence, etc. or emigration, etc. or any person in the process of obtaining approval based on an application submitted earlier, under the former provisions as at the time this Decree enters into force, shall be deemed to have filed a report in accordance with the amended provisions of Article 10 or 13.
ADDENDUM <Presidential Decree No. 28016, May 8, 2017>
This Decree shall enter into force on the date of its promulgation.