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ENFORCEMENT DECREE OF THE POLICE UNIFORMS AND EQUIPMENT REGULATION ACT

Presidential Decree No. 26801, Dec. 30, 2015

Amended by Presidential Decree No. 28215, Jul. 26, 2017

 Article 1 (Purpose)
The purpose of this Decree is to prescribe the matters delegated by the Police Uniforms and Equipment Regulation Act and those necessary for enforcement of the said Act.
 Article 2 (Criteria for Facilities of Manufacturing or Sales Business)
“Facilities prescribed by Presidential Decree” in the former part of Article 3 (1) of the Police Uniforms and Equipment Regulation Act (hereinafter referred to as “Act”) means facilities classified as follows:
1. For a person who intends to engage in the business of manufacturing police uniforms or equipment pursuant to the former part of Article 3 (1) of the Act (hereinafter referred to as “manufacturing business”): facilities necessary for directly manufacturing police uniforms or equipment, such as presses, sewing machines, embroidering machines, or cutting machines;
2. For a person who intends to engage in the business of selling police uniforms or equipment pursuant to the former part of Article 3 (1) of the Act (hereinafter referred to as “sales business”): facilities having sales area at least 16 square meters in floor area.
 Article 3 (Procedure for Registration of Manufacturing or Sales Business)
(1) Each person who intends to obtain registration of manufacturing or sales business under Article 3 of the Act (hereinafter referred to as “manufacturing or sales business”) shall submit a registration application for manufacturing or sales business prescribed by Ordinance of the Minister of the Interior and Safety, along with documents classified as follows, to the Commissioner General of the Korean National Police Agency, the Commissioner of the Korea Coast Guard, or the Governor of Jeju Special Self-Governing Province (hereinafter referred to as “the Commissioner General of the Korean National Police Agency, etc.): <Amended by Presidential Decree No. 28215, Jul. 26, 2017>
1. For manufacturing business: a document issued by the Minister of SMEs and Startups after verifying direct production by a relevant small or medium enterprise pursuant to Article 9 (4) of the Act on Facilitation of Purchase of Small and medium Enterprise-Manufactured Products and Support for Development of Their Market, or any other document verifying direct production thereby, and the list of its executive officers (applicable only to a corporation; hereafter the same shall apply in this Article);
2. For sales business: documents verifying the area of facilities, such as the drawings of facilities, and the list of its executive officers.
(2) The Commissioner General of the Korean National Police Agency, etc., in receipt of a registration application pursuant to paragraph (1), shall verify the following by using the administrative information shared under Article 36 (1) of the Electronic Government Act: Provided, That where the applicant does not consent to verify such document provided for in subparagraph 1 or 3, he/she shall require the applicant to attach the relevant document:
1. Certified abstract of the resident registration record card of the applicant in accordance with Article 29 of the Resident Registration Act;
2. Corporation registration certificate (applicable only to a corporation);
3. Certificate of fact on the entry into, or the departure from, the Republic of Korea in accordance with Article 88 of the Immigration Act (applicable only to a foreigner).
 Article 4 (Procedures for Registration for Modification)
Where a person who has obtained registration of his/her manufacturing or sales business pursuant to Article 3 (hereinafter referred to as “manufacturer or seller”) intends to modify the classification of police uniforms or equipment registered under the latter part of Article 3 (1) of the Act, he/she shall submit an application for registration for modification to manufacturing or sales business prescribed by Ordinance of the Ministry of the Interior and Safety, along with documents verifying modified contents thereof, to the Commissioner General of the Korean National Police Agency, etc. <Amended by Presidential Decree No. 28215, Jul. 26, 2017>
 Article 5 (Issuance of Registration Certificate, etc.)
(1) The Commissioner General of the Korean National Police Agency, etc., in receipt of an application for registration of manufacturing or sales business pursuant to Article 3 or an application for registration for modification thereof pursuant to Article 4, shall issue the applicant a registration certificate for manufacturing or sales prescribed by Ordinance of the Ministry of the Interior and Safety. In such cases, the Commissioner General of the Korean National Police Agency, etc. shall prepare and manage the registration ledger of manufacturing or sales business prescribed by Ordinance of the Ministry of the Interior and Safety concerning registered matters or modified registration matters. <Amended by Presidential Decree No. 28215, Jul. 26, 2017>
(2) Where a manufacturer or seller loses his/her registration certificate for manufacturing or sales, or such certificate falls into disuse, he/she may submit an application for re-issuance of registration certificate for manufacturing or sales business prescribed by Ordinance of the Ministry of the Interior and Safety, to the Commissioner General of the Korean National Police Agency, etc. and be reissued the registration certificate for manufacturing or sales business. <Amended by Presidential Decree No. 28215, Jul. 26, 2017>
 Article 6 (Return of Registration Certificates)
Where a manufacturer or seller falls under any of the following cases, he/she shall return his/her registration certificate to the Commissioner General of the Korean National Police Agency, etc., without delay: Provided, That in cases of subparagraph 4, the Commissioner General of the Korean National Police Agency, etc. may require the person possessing his/her registration certificate to return such certificate:
1. Where he/she closes down his/her business;
2. Where he/she ceases to manufacture or sell police uniforms or equipment;
3. Where the registration is revoked under Article 5 of the Act;
4. Where he/she dies (referring to dissolution in cases of a corporation).
 Article 7 (Matters to Be Entered in Manufacturing or Sales Record Books)
“Matters prescribed by Presidential Decree” in Article 6 (1) 4 of the Act means as follows:
1. Increase and decrease in the quantities of manufactured or sold items;
2. Total inventory of items manufactured or to be sold.
 Article 8 (Range of Cases where Possession of Police Uniforms, etc. Is Allowed for Purposes of Manufacturing, Selling, etc.)
“Cultural and artistic activities; public ceremonial events; activities for public purposes; and other cases prescribed by Presidential Decree” in Article 8 (3) 1 of the Act means any of the following activities: <Amended by Presidential Decree No. 28215, Jul. 26, 2017>
1. Culture and arts defined in Article 2 (1) 1 of the Culture and Arts Promotion Act, or public performance defined in subparagraph 1 of Article 2 of the Public Performance Act;
2. Activities of regular members of the Police Officers Veterans Association classified under Article 4 of the Korea National Police Veterans Association Act, who participate in events on commemorative days hosted by the Ministry of the Interior and Safety or the Ministry of Patriots and Veterans Affairs, among commemoration days defined in Article 2 (1) of the Regulations on Various Commemorative Days, Etc.;
3. Education and publicity for promoting safety culture, such as crime prevention and traffic safety.
 Article 9 (Delegation of Authority)
(1) The Commissioner General of the Korean National Police Agency delegates the following authority to the commissioner of a regional police agency pursuant to Article 11 of the Act: <Amended by Presidential Decree No. 28215, Jul. 26, 2017>
1. Registration of manufacturing or sales business and registration for modification thereof under Article 3 of the Act;
2. Revocation of registration of manufacturing or sales business; and suspension of operation thereof under Article 5 (1) of the Act;
3. Hearings under Article 5 (2) of the Act;
4. Orders to report or submit materials; inspections; and inquiries pursuant to Article 10 of the Act;
5. Preparation and management of the registration ledger of manufacturing or sales business pursuant to the latter part of Article 5 (1);
6. Receipt of registration certificates returned under Article 6.
(2) The Commissioner of the Korea Coast Guard delegates the authority of each subparagraph of paragraph (1) to the commander of a regional coast guard pursuant to Article 11 of the Act.
(3) The Governor of Jeju Special Self-Governing Province delegates the authority of each subparagraph of paragraph (1) to the Commander of Jeju Municipal Police in accordance with Article 11 of the Act.
 Article 10 (Management of Sensitive Information and Personally Identifiable Information)
Where it is unavoidable for conducting duties related to verification of grounds for disqualification pursuant to Article 4 of the Act, the Commissioner General of the Korean National Police Agency, etc. (including those persons to whom the authority vested in the Commissioner General of the Korean National Police Agency, etc. is delegated under Article 9) may handle information constituting a criminal history record under subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act or materials including a resident identification number or a foreign registration number under subparagraph 1 or 4 of Article 19 of the same Decree.
ADDENDUM
This Decree shall enter into force on December 31, 2015.
ADDENDA <Presidential Decree No. 28215, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.