ENFORCEMENT DECREE OF THE PROBATION ACT
Wholly Amended by Presidential Decree No. 15217, Dec. 31, 1996
Amended by Presidential Decree No. 15589, Dec. 31, 1997
Presidential Decree No. 19392, Mar. 23, 2006
Presidential Decree No. 19513, jun. 12, 2006
Presidential Decree No. 19755, Dec. 21, 2006
Presidential Decree No. 20830, jun. 20, 2008
Presidential Decree No. 21350, Mar. 18, 2009
Presidential Decree No. 21840, Nov. 23, 2009
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23737, Apr. 18, 2012
Presidential Decree No. 24549, May 31, 2013
Presidential Decree No. 25412, jun. 30, 2014
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 25731, Nov. 19, 2014
Presidential Decree No. 26326, jun. 22, 2015
Presidential Decree No. 27850, Feb. 7, 2017
Presidential Decree No. 28074, May 29, 2017
Presidential Decree No. 29017, Jul. 3, 2018
The purpose of this Decree is to prescribe matters mandated by the Act on Probation (hereinafter referred to as the "Act") and matters necessary for enforcement of said Act. <Amended by Presidential Decree No. 19392, Mar. 23, 2006>
| Article 2 (Chairperson of Probation Review Commission) |
| (1) | The Chairperson of a Probation Review Commission (hereinafter referred to as "Review Commission") under Article 5 of the Act shall preside over the business of the Review Commission, represent the Review Commission, and convene and chair meetings of the Review Commission. |
| (2) | If the Chairperson is unable to perform his/her duties in extenuating circumstances, a member designated beforehand by the Chairperson shall act on his/her behalf. |
| Article 3 (Qualification of Members and Appointment) |
| (1) | Standing members, public officials in a fixed term position of the Senior Executive Service of a Review Commission, shall be appointed from among the following persons who have considerable knowledge and experience in probation: <Amended by Presidential Decree No. 19513, Jun. 12, 2006; Presidential Decree No. 21350, Mar. 18, 2009; Presidential Decree No. 21840, Nov. 23, 2009; Presidential Decree No. 25412, Jun. 30, 2014; Presidential Decree No. 27850, Feb. 7, 2017> |
| 1. | Persons who have served as a judge, public prosecutor or attorney-at-law for at least five years; |
| 2. | Persons who have served as at least assistant professor at a college or university in criminal policy, penology, criminology, social work, pedagogy, psychology or other specialized field necessary for probation for at least five years; |
| 3. | Persons who have served as a certified teacher for at least 15 years; |
| 4. | State public officials in probation service, correctional service, prosecutory affairs or court clerical service, who fall under Article 7 (1) 1, 2 (a), and 4 of the Regulations on the Personnel Management of the Senior Executive Service; |
| 5. | Persons who have served as at least Grade III employee of the Korea Rehabilitation Agency for at least five years. |
| (2) | Standing members, Grade IV public officials in a fixed term position, shall be appointed from among the following persons who have considerable knowledge and experience in probation: <Amended by Presidential Decree No. 21350, Mar. 18, 2009; Presidential Decree No. 21840, Nov. 23, 2009; Presidential Decree No. 25412, Jun. 30, 2014; Presidential Decree No. 27850, Feb. 7, 2017> |
| 1. | Persons qualified as a judge, public prosecutor or attorney-at-law; |
| 2. | Persons who have served as at least assistant professor at a college or university in criminal policy, penology, criminology, social work, pedagogy, psychology or other specialized field necessary for probation; |
| 3. | Persons who have served as a certified teacher for at least ten years; |
| 4. | Persons who have served as a Grade V State public official in correctional service, probation service, prosecutory affairs or court clerical service for at least five years; |
| 5. | Persons who have served as an employee in position of at least Grade IV of the Korea Rehabilitation Agency for five years or more. |
| (3) | Non-standing members of a Review Commission shall be appointed or commissioned by the Minister of Justice, upon recommendation by the Chairperson of the Review Commission. |
| Article 4 (Executive Secretary and Clerk of Review Commission) |
| (1) | A Review Commission shall have an executive secretary and clerk, appointed by the Chairperson form among public officials affiliated with the Review Commission or public officials affiliated with a probation office having jurisdiction over the location of the Review Commission. <Amended by Presidential Decree No. 19392, Mar. 23, 2006> |
| (2) | An executive secretary shall perform administrative affairs of a Review Commission upon the order of the Chairperson or standing members, and a clerk shall assist the executive secretary. |
| (3) | An executive secretary may attend a meeting and make remarks. |
| (1) | Where necessary to review the matters provided for in Article 6 of the Act, a Review Commission may request the head of a institutional corrections facility, detention center, juvenile institutional corrections facility or juvenile detention center (hereinafter referred to as "institutional corrections facility"), a probation officer or other related persons to appear and state their opinions, or to submit relevant information. |
| (2) | Upon receipt of a request for review from a Review Commission under Article 11 (3) of the Act, State institutions, public institutions or other organizations shall cooperate with such request, except in extenuating circumstances. |
| (3) | Standing members shall examine review-related data and report the findings to a Review Commission. |
| Article 6 (Resolution and Decision-Making) |
| (1) | A Review Commission shall review the matters provided for in Article 6 of the Act, pass a resolution thereon, and prepare a written decision to which the Chairperson and members who have participated in review write their names and affix their signatures or seals. |
| (2) | A Review Commission may pass a resolution in writing pursuant to Article 12 (2) of the Act in extenuating circumstances, such as where a Review Commission has insufficient time to hold a meeting, and where a resolution agenda item falls under any of the following: <Amended by Presidential Decree No. 21840, Nov. 23, 2009; Presidential Decree No. 24549, May 31, 2013> |
| 5. | Decision-making to revoke provisional cancellation of an attachment order under Article 19 (1) of the Act on Probation and Electronic Monitoring of Specific Criminal Offenders. |
[This Article Wholly Amended by Presidential Decree No. 21350, Mar. 18, 2009]
| Article 6-2 (Education and Training) |
| (1) | The Minister of Justice shall operate an education and training program to provide sufficient specialized knowledge to public officials affiliated with a probation office in charge of the duties provided for in Article 15 of the Act. |
| (2) | Public officials in charge of the duties provided for in Article 15 of the Act shall complete an education and training program referred to in paragraph (1), as prescribed by Ordinance of the Ministry of Justice. |
| (3) | Matters necessary for education and training programs shall be prescribed by Ordinance of the Ministry of Justice. |
[This Article Newly Inserted by Presidential Decree No. 21840, Nov. 23, 2009]
| Article 7 (Investigation before Ruling or Determination) |
Where a court requests the head of a probation office to conduct an investigation under Article 19 (1) or 19-2 (1) of the Act, it shall notify him/her of personal information on defendants or juveniles and the summary of violations. In such cases, if deemed necessary, it may provide reference information. <Amended by Presidential Decree No. 21350, Mar. 18, 2009>
| Article 8 (Statutory Notice by Heads of Institutional Corrections Facilities) |
| (1) | Where the head of a institutional corrections facility notifies a Review Commission of the lapse of a period for juveniles punished by imprisonment with or without labor (hereinafter referred to as "juvenile inmate") or protected juveniles pursuant to Article 21 (1) or (2) of the Act, he/she shall prepare a notice of lapse of a period and notify the competent Review Commission. |
| (2) | Where any matter notified under paragraph (1) or any matter concerning personal affairs is changed, the head of a institutional corrections facility shall, without delay, notify the competent Review Commission of such change. |
| Article 9 (Requests for Parole, Release or Provisional Release) |
Where the head of a institutional corrections facility intends to request the review of parole, release or provisional release of a juvenile inmate or protected juvenile pursuant to Article 22 of the Act, he/she shall comprehensively consider matters concerning personal affairs of the juvenile inmate or protected juvenile, crimes and misdeeds, result of correction, etc. <Amended by Presidential Decree No. 20830, Jun. 20, 2008; Presidential Decree No. 21350, Mar. 18, 2009>
| Article 10 (Ex Officio Review) |
| Article 11 (Determination of Parole) |
| (1) | Where a Review Commission reviews and determines whether parole, release or provisional release is appropriate, it shall determine based on a comprehensive view of the time deemed most appropriate for the reentry of juvenile inmates or protected juveniles, into the society and whether the following requirements are met: <Amended by Presidential Decree No. 20830, Jun. 20, 2008; Presidential Decree No. 21350, Mar. 18, 2009> |
| 1. | That they express sincere regrets; |
| 2. | That their desire for self-reliance and rehabilitation is acknowledged; |
| 3. | That they shall be deemed not to be recidivist offenders; |
| 4. | That social sentiment toward parole, release or provisional release shall be deemed permissible. |
| Article 12 (Background Investigations) |
| (1) | Where the personal affairs of a juvenile inmate or a person sentenced to protective order pursuant to Article 32 (1) 8 through 10 of the Juvenile Act (hereinafter referred to as "potential juvenile inmate") are changed after the head of a institutional corrections facility requests a background investigation referred to in Article 26 (1) of the Act, he/she shall, without delay, notify such change to the head of a probation office having jurisdiction over the location in which the person is scheduled to reside. <Amended by Presidential Decree No. 19392, Mar. 23, 2006; Presidential Decree No. 21350, Mar. 18, 2009> |
| (2) | A background investigation referred to in Article 26 of the Act, shall be performed on the following matters: |
| 1. | Relationship with a sponsor or family members, and surrounding circumstances; |
| 2. | Social sentiment toward crimes or misdeeds; |
| 3. | Whether damage is indemnified and the sentiment of the relevant victim; |
| 4. | Occupation, living environment and friendship before confinement; |
| 5. | Occupational plan or livelihood prospect after discharge from the institutional corrections facility; |
| 6. | Motive of committing crime or misdeed; |
| 7. | Other reference matters. |
| Article 13 (Method of Implementing Environment Improvement Programs) |
The head of a probation office shall continuously implement environment improvement programs referred to in Article 27 (1) of the Act through interview and communication with potential juvenile inmates, consultation with their family members and relevant persons, cooperation with institutional corrections facilities and other related institutions, etc., and endeavor to obtain confidence and cooperation from such inmates, family members and relevant persons.
| Article 14 (Investigations for Probation) |
The head of a correctional institution, detention center or juvenile correctional institution shall notify a Review Commission of any change in personal matters of persons subject to review of eligibility for parole, if such change occurs after he/she sends a list of such persons and personal history records to the Review Commission pursuant to Article 28 (1) of the Act.
| Article 15 (Cooperation with Head of Institutional Corrections Facility) |
Where the head of a institutional corrections facility is in receipt of a request for necessary cooperation, such as interview with potential juvenile inmates, access to relevant documents, etc. from a Review Commission or the head of a probation office, he/she shall comply with such request.
| Article 16 (Reporting Obligation of Persons Subject to Probation) |
In any of the following cases, a person subject to probation referred to in Article 3 (1) of the Act (hereinafter referred to as "person subject to probation") shall appear in the probation office having jurisdiction over his/her residence and submit a written report under Article 29 (2) of the Act: <Amended by Presidential Decree No. 19392, Mar. 23, 2006; Presidential Decree No. 20830, Jun. 20, 2008; Presidential Decree No. 21350, Mar. 18, 2009> | 4. | Where judgment or determination to grant probation provided for in the Act under other statutes becomes final and conclusive. |
| Article 17 (Imposing Observation and Giving Admonition) |
Where a court or a Review Commission imposes matters to be observed on persons subject to probation pursuant to Article 32 of the Act, it shall explain the intent of probation, serve a document stating matters to be observed, and provide them with proper admonition.
| Article 18 (Reporting on Transfer of Residence) |
| (1) | Where a person subject to probation submits a report pursuant to Article 32 (2) 4 of the Act, he/she shall report his/her name, residence, place in which he/she plans to move or travel destination, reasons for transfer of residence or purposes of travel, and date of transfer of residence or travel period, etc., as prescribed by Ordinance of the Ministry of Justice. |
| (2) | Where a person subject to probation transfers his/her residence to the jurisdictional area of another probation office, he/she shall appear in the probation office having jurisdiction over the new residence, and submit a written report on the transfer of residence. |
| Article 19 (Special Observation) |
| 1. | That they shall not drive a vehicle (including a motor cycle) until they obtain a driver's license; |
| 2. | That they shall comply with a probation officer's instructions concerning education to enhance learning or to improve personality and behavior, such as vocational training, school graduation equivalency examinations, etc. and concerning medical treatment and treatment programs; |
| 3. | That they shall not engage in specific matters related to crime; |
| 4. | That they shall attend school lessons conscientiously; |
| 5. | That they shall regularly submit documents to a probation officer, which prove that they make a living with legal sources of income; |
| 6. | That they shall not possess, keep or use lethal weapons or other dangerous articles; |
| 7. | That they shall conscientiously fulfill family responsibilities, such as support family, etc.; |
| 8. | Other detailed matters deemed helpful for improvement and self-reliance of persons subject to probation in view of their living conditions, physical or mental status, motive of committing crime or misdeed, living environment, etc. to the extent that they can comply with and to the extent that does not impede their freedom unjustifiably. |
[This Article Wholly Amended by Presidential Decree No. 21840, Nov. 23, 2009]
| Article 19-2 (Request for Addition to or Change of Matters to Be Observed) |
| (1) | Where the head of a probation office requests addition to or change of matters to be observed pursuant to Article 32 (4) of the Act, he/she shall make a written request stating the following: |
| 1. | Name, resident registration number, occupation and residence of a person subject to probation; |
| 2. | Intent of the request; |
| 3. | Reasons it is necessary to add or change the matters to be observed. |
| (2) | Where the head of a probation office makes a request under paragraph (1), he/she shall submit data explaining grounds for the request. |
| (3) | Where deemed necessary for examining a request under paragraph (1), a court or a Review Commission may request a probation officer to appear and state his/her opinion, and summon a person subject to probation to review or investigate necessary matters. |
[This Article Newly Inserted by Presidential Decree No. 21840, Nov. 23, 2009]
| Article 19-3 (Formulation of Plans for Classification and Treatment) |
| (1) | The head of a probation office shall formulate a classification and treatment plan appropriate for personal characteristics of persons subject to probation, to provide the classification and treatment referred to in Article 33-2 of the Act (hereafter in this Article, referred to as "classification and treatment"). |
| (2) | The head of a probation office shall investigate the possibility of recidivism, possibility of social adaptation, etc. of persons subject to probation, to provide the classification and treatment. |
| (3) | The head of a probation office may perform an inspection for classification and treatment, such as a psychological inspection, of persons subject to probation; and, if necessary, hear the opinions of external experts or request external experts to conduct an inspection. |
[This Article Newly Inserted by Presidential Decree No. 21840, Nov. 23, 2009]
| Article 20 (Scope of Emergency Relief) |
| 1. | Where grave danger is expected to the life and body of a person subject to probation due to illness, injury or other urgent reasons; |
| 2. | Where relief is unavoidable because a guardian of, or a person with a duty to support, a person subject to probation is unable to support him/her; |
| 3. | Where providing emergency relief is deemed reasonable. |
| (2) | The head of a probation office may provide emergency relief pursuant to Article 35 of the Act, within budgetary limits. |
| Article 21 (Summon and Investigation of Persons Subject to Probation) |
| (1) | Where the head of a probation office intends to summon persons subject to probation and other related persons pursuant to Article 37 (1) of the Act, he/she shall issue a request for appearance thereto: Provided, That where it is impracticable to issue a request for appearance due to an emergency, etc., he/she may employ other methods. |
| (2) | Where the head of a probation office summons and investigates a person subject to probation, he/she shall document the findings of such investigation. |
| Article 22 (Warning to Persons Subject to Probation) |
Where the head of a probation office gives a warning pursuant to Article 38 of the Act, he/she shall provide a written notice of the grounds for warning, etc. to a person subject to probation.
| Article 23 (Methods of Requesting Arrest) |
The head of a probation office shall request the arrest of a person subject to probation pursuant to Article 39 (1) of the Act, by providing a public prosecutor with a document stating the following matters: <Amended by Presidential Decree No. 21840, Nov. 23, 2009> | 1. | Name, resident registration number, occupation and residence of a person to be arrested; |
| 4. | Place to take him/her and place to detain him/her; |
| 5. | Period of validity of an arrest warrant; |
| 6. | Purpose and grounds if several arrest warrants are to be requested. |
| Article 24 (Forms of Arrest Warrants) |
An arrest warrant that a judge issues pursuant to the proviso to Article 39 (1) of the Act shall state the title of government position and name of the public prosecutor who made a request and the matters specified in Article 23.
| Article 25 (Request for Execution of Arrest Warrants) |
A probation officer shall request a judicial police officer to execute an arrest warrant by providing him/her with a document stating grounds therefor under a prosecutor's command.
| Article 26 (Request for Approval for Immediate Arrest) |
| (1) | A request for approval for immediate arrest referred to in Article 40 (2) of the Act shall be filed within 12 hours from the time a person subject to probation is arrested. <Amended by Presidential Decree No. 27850, Feb. 7, 2017> |
| (2) | An immediate arrest warrant referred to in Article 40 (2) of the Act shall state the following matters: <Amended by Presidential Decree No. 21840, Nov. 23, 2009; Presidential Decree No. 27850, Feb. 7, 2017> |
| 1. | Name, resident registration number, type of disposition, residence, occupation, probation case number and probation period of a person subject to probation who is immediately arrested; |
| 2. | Date and place of immediate arrest; |
| 3. | Grounds for immediate arrest; |
| 4. | Date and time when and place where he/she is taken; |
| Article 27 (Investigation and Interrogation after Arrest) |
| (1) | Where a probation officer arrests a person subject to probation and takes him/her to a probation office, etc., the probation officer shall, without delay, investigate him/her. |
| (2) | Where paragraph (1) is applicable, a probation officer shall notify a person subject to probation that he/she may refuse to comment at interrogation, and state facts advantageous to him/her. |
| (3) | Where the head of a probation office deems it unnecessary to detain a person subject to probation pursuant to Article 42 (2) of the Act, in the course of investigation referred to in paragraph (1), he/she shall immediately discharge such person. |
| Article 28 (Method of Requesting Permission for Detention) |
The head of a probation office shall file a written request for granting permission for the detention of a person subject to probation pursuant to Article 42 (2) of the Act, stating the following matters: <Amended by Presidential Decree No. 21840, Nov. 23, 2009> | 1. | Name, resident registration number, occupation and residence of a person under detention; |
| 2. | Grounds for detention; |
| Article 29 (Forms of Detention Permits) |
A detention permit issued by a judge pursuant to Article 42 (2) of the Act shall state the title of government position and name of a public prosecutor who makes a request, date of issuance and the matters specified in Article 28.
| Article 30 (Jurisdiction over Request for Approval for Arrest and Immediate Arrest and Request for Permission for Detention) |
The head of a probation office shall request approval for arrest and immediate arrest and permission for detention, from a public prosecutor of a district prosecutors' office or a branch office having jurisdiction over the location of such probation office.
| Article 31 (Notification of Extension of Detention Period) |
Where a court extends a detention period pursuant to Article 43 (2) of the Act, it shall, without delay, notify the head of a probation office of such extension.
| Article 32 (Request to Invalidate Suspension of Sentence or to Revoke Suspension of Execution on Condition of Probation) |
| (1) | The head of a probation office shall file a written request pursuant to Article 47 (1) of the Act, stating the following matters: <Amended by Presidential Decree No. 21840, Nov. 23, 2009> |
| 1. | Name, resident registration number, occupation and residence of a person subject to probation; |
| 2. | Intent of the request; |
| 3. | Reasons it is necessary to invalidate or revoke probation; |
| 4. | Reasons it is impossible to continue probation. |
| (2) | Where a public prosecutor files a request with a court pursuant to Article 47 (1) of the Act, the request shall be accompanied by documents the head of a probation office has submitted pursuant to paragraph (1), and the public prosecutor shall explain grounds therefor to the court. |
| (3) | Where deemed necessary to review a request under Article 47 (1) of the Act, a court may have a probation officer in charge appear in the court and state his/her opinion. |
| Article 33 (Notification of Result of Request for Revocation) |
Where a court dismisses a request under Article 42 (1) 1 of the Act or determines whether it invalidates the suspension of sentence on condition of probation or revokes the suspension of execution on condition of probation, a public prosecutor shall, without delay, notify the head of a probation office of such fact.
| Article 34 (Revocation of Parole and Provisional Release and Redetention) |
| (1) | Pursuant to Article 48 of the Act, the head of a institutional corrections facility shall, without delay, redetain a person subject to probation, whose parole or provisional release is revoked, in the institutional corrections facility. <Amended by Presidential Decree No. 20830, Jun. 20, 2008> |
| (2) | Where it is necessary for the redetention under paragraph (1), the head of a institutional corrections facility may request the arrest of a person to be redetained, from a public prosecutor of a district prosecutors' office or a branch office having jurisdiction over the location of the institutional corrections facility. |
| Article 35 (Request to Revise Protective Disposition) |
| (1) | The head of a probation office shall file a written request for the revision of a protective disposition under Article 49 (1) of the Act, stating the following matters: <Amended by Presidential Decree No. 21840, Nov. 23, 2009> |
| 1. | Name, resident registration number, occupation and residence of a person subject to probation; |
| 2. | Intent of the request; |
| 3. | Reasons it is necessary to revise the protective disposition; |
| 4. | Reasons it is impossible to continue probation. |
| (2) | The head of a probation office shall explain the grounds therefor under paragraph (1) 3 and 4. |
| (3) | Where deemed necessary to review a request filed under paragraph (1), a court may have a probation officer in charge appear in the court and state his/her opinion, and inquire of a person subject to probation or inspect and examine necessary matters. |
| Article 36 (Notification of Whereabouts of Person Whose Probation is Suspended) |
Where the head of a probation office identifies whereabouts of a person whose probation is suspended, he/she shall, without delay, notify a Review Commission of such fact.
| Article 36-2 (Receipt of Donations) |
| (1) | Where the head of a probation office receives donations pursuant to Article 55-2 (1) of the Act, he/she shall issue a receipt to the donor: Provided, That where a donation is made anonymously or the donor is unknown, he/she need not issue a receipt. |
| (2) | Where the head of a probation office becomes aware that a donor referred to in paragraph (1) falls under any of the following, he/she shall not receive donations: |
| 1. | Where a donor is placed on probation; |
| 2. | Where a donor is or was a relative of a person subject to probation; |
| 3. | Where a donor is an institution, organization or person deemed to have a direct interest in a person subject to probation. |
| (3) | Where a donor referred to in paragraph (1) expresses the purpose of a donation, the head of a probation office shall appropriate donation for such purpose only: Provided, That where it is impracticable to appropriate the donation for the expressed purpose, he/she may appropriate it for other purposes with approval of the donor, except in extenuating circumstances. |
| (4) | The head of a probation office shall process all the receipt and payment of donations, using an exclusive donation account. |
| (5) | The head of a probation office shall keep a record of donations received, payment of donations, etc., and allow donors to access it. |
| (6) | The head of a probation office shall, every half year, report a record of donations received, payment of donations, etc. to the Minister of Justice. |
[This Article Newly Inserted by Presidential Decree No. 25412, Jun. 30, 2014]
| Article 36-3 (Notification Procedures for Termination of Probation) |
[This Article Newly Inserted by Presidential Decree No. 26326, Jun. 22, 2015]
| Article 37 (Notification of Entrustment of Execution of Orders to Provide Community Service or to Undergo Education) |
Each probation officer shall notify a court or the head of a court that execution of an order to provide community service or to undergo education is entrusted to another entity pursuant to Article 61 (2) of the Act, upon providing the court or the head of the court with documents stating the name and address of the entity entrusted with the execution, persons under the entrustment, details of the entrustment of execution, etc.
| Article 38 (Measures to Be Taken Following Revocation of Entrustment of Execution of Orders to Provide Community Service or to Undergo Education) |
Where a court revokes entrustment of execution of an order to provide community service or to undergo education pursuant to Article 61 (3) of the Act, a probation officer shall directly execute such order or entrust execution of such order to another national or public institution during the remaining period.
| Article 39 (Application Mutatis Mtandis) |
| (1) | Articles 16, 17, 18, 19 and 20 shall apply mutatis mutandis to persons obliged to provide community service or to undergo education under Article 3 (2) of the Act (hereafter in this Article, referred to as "mandatory community service providers or education recipients"). |
| (2) | Articles 21 through 33 and 35 shall apply mutatis mutandis to the matters to be observed by mandatory community service providers or education recipients, warning against violation of orders, arrest, detention, revocation of suspension of execution, revision to protective dispositions, etc. <Amended by Presidential Decree No. 21350, Mar. 18, 2009> |
| Article 40 (Rehabilitation Services) |
| (1) | Rehabilitation services referred to in Article 65 (1) of the Act shall be provided to persons eligible for rehabilitation (hereinafter referred to as "person eligible for rehabilitation"), only when their relatives or friends are unable to aid the recipients or when such aid is insufficient. <Amended by Presidential Decree No. 25731, Nov. 19, 2014> |
| (2) | Where rehabilitation services are to be provided, persons eligible for rehabilitation may be ordered to pre-formulate a self-reliance plan. <Amended by Presidential Decree No. 25731, Nov. 19, 2014> |
| Article 41 (Providing Room and Board) |
| (1) | Providing room and board under Article 65 (1) 1 of the Act, means providing room, food, clothes, etc. to persons eligible for rehabilitation in a rehabilitation facility, such as a dormitory, and conducting spiritual education thereto. <Amended by Presidential Decree No. 25731, Nov. 19, 2014> |
| (2) | A period for providing room and board referred to in paragraph (1) shall not exceed six months: Provided, That if deemed necessary, the period may be extended three times or less for up to six months each time. <Amended by Presidential Decree No. 19755, Dec. 21, 2006> |
| (3) | Where room and board are provided pursuant to paragraph (1), minimum expenses may be collected as prescribed by Ordinance of the Ministry of Justice. |
| Article 41-2 (Housing Support) |
Housing support referred to in Article 65 (1) 2 of the Act means providing support for housing rental to persons eligible for rehabilitation. [This Article Newly Inserted by Presidential Decree No. 25731, Nov. 19, 2014]
| Article 41-3 (Business Start-up Assistance) |
Business start-up assistance referred to in Article 65 (1) 3 of the Act means assisting a person eligible for rehabilitation with guarantee deposit for lease, etc. of a workplace. [This Article Newly Inserted by Presidential Decree No. 25731, Nov. 19, 2014]
| Articles 42 and 43 Deleted. <by Presidential Decree No. 25731, Nov. 19, 2014> |
| Article 44 (Vocational Training) |
| (1) | Vocational training referred to in Article 65 (1) 4 of the Act means training persons eligible for rehabilitation in skills necessary for jobs and conducting education to obtain qualifications. <Amended by Presidential Decree No. 25731, Nov. 19, 2014> |
| (2) | Vocational training referred to in paragraph (1) may be entrusted to a vocational school. |
| Article 45 (Support for Employment) |
Support for employment referred to in Article 65 (1) 4 of the Act means providing job placement services to persons eligible for rehabilitation and, if necessary, guaranteeing his/her loyalty. <Amended by Presidential Decree No. 25731, Nov. 19, 2014>
| Article 45-2 (Counseling Services Prior to Release of Prisoners) |
| (1) | Counseling services prior to the release of prisoners referred to in Article 65 (1) 5 of the Act means informing prisoners scheduled for release about rehabilitation services, and providing advice on self-reliance plans, etc. |
| (2) | An entity permitted to provide rehabilitation services or the Korea Rehabilitation Agency specified in Article 71 of the Act (hereinafter referred to as the "Agency"), may request the head of a institutional corrections facility to notify the inmate numbers of inmates scheduled for release. In such cases, the head of the institutional corrections facility shall cooperate with such request, except in extenuating circumstances. |
[This Article Newly Inserted by Presidential Decree No. 25731, Nov. 19, 2014]
| Article 45-3 (Support for Family Members of Person Eligible for Rehabilitation) |
Support for family members of persons eligible for rehabilitation referred to in Article 65 (1) 6 of the Act means supporting the family members of persons eligible for rehabilitation with psychiatric counseling and psychotherapy, employment, schooling, etc. [This Article Newly Inserted by Presidential Decree No. 25731, Nov. 19, 2014]
| Article 45-4 (Psychiatric Counseling and Psychotherapy) |
[This Article Newly Inserted by Presidential Decree No. 25731, Nov. 19, 2014]
| Article 45-5 (Follow-up Management) |
[This Article Newly Inserted by Presidential Decree No. 25731, Nov. 19, 2014]
| Article 46 (Support for Self-Reliance) |
Support for self-reliance referred to in Article 65 (1) 9 of the Act means supporting person eligible for rehabilitations with matters necessary for self-reliance, such as entrusting their care to a social welfare facility, creating their family registers, filing for resident registration, arranging wedding or adoption, or providing medical assistance. <Amended by Presidential Decree No. 25731, Nov. 19, 2014> [This Article Wholly Amended by Presidential Decree No. 23737, Apr. 18, 2012]
| Article 46-2 (Request for Notification of Detention Period of Person Eligible for Rehabilitations) |
| (1) | An entity permitted to provide rehabilitation services or the Agency may request the head of a institutional corrections facility to notify the following matters with approval of person eligible for rehabilitations if necessary for the adequate protection thereof: |
| 2. | Family relations and guardian relations; |
| 3. | Occupation, career and educational background; |
| 5. | Their child development; |
| 6. | Psychological characteristics; |
| 7. | Details of crime and number of offenses. |
| (2) | The head of a institutional corrections facility in receipt of a request filed under paragraph (1), shall cooperate with such request, except in extenuating circumstances. |
[This Article Newly Inserted by Presidential Decree No. 25731, Nov. 19, 2014]
| Article 47 (Receipt of Donations by Agency) |
Article 36-2 (1) and (3) through (6) shall apply mutatis mutandis to the receipt, etc. of donations under Article 85 of the Act. In such cases, "head of a probation office" shall be construed as "Agency." [This Article Newly Inserted by Presidential Decree No. 26326, Jun. 22, 2015]
| Article 48 (Operation and Management of Fund) |
The Agency shall manage the Rehabilitation Fund (hereinafter referred to as the "Fund") established pursuant to Article 86 of the Act in a separate account. <Amended by Presidential Decree No. 21350, Mar. 18, 2009; Presidential Decree No. 25731, Nov. 19, 2014>
| Article 49 (Plans for Operation and Management of Fund) |
| (1) | Every year, the Agency shall include a plan for the operation and management of the Fund for the following fiscal year in the project plan and budget referred to in Article 84 (2) of the Act, and submit it to the Minister of Justice. |
| (2) | A plan for operation and management referred to in paragraph (1) shall include the following matters: |
| 1. | A financing plan by financial resource of the Fund; |
| 2. | A plan to appropriate funds of the Fund by project and by financial resource, and detailed statements explaining the details of each project and the purpose of appropriation of funds. |
| Article 50 (Report on Operation of Fund) |
| (1) | The Agency shall include a financial report of the Fund of each fiscal year in a record of project performance and final account of the previous year referred to in Article 84 (3) of the Act, and report them to the Minister of Justice. |
| (2) | A financial report referred to in paragraph (1) shall be accompanied by the following documents: |
| 1. | Balance sheet and income statement of the relevant year; |
| 2. | Statement of surplus and statement of appropriation of surplus of the relevant year; |
| 3. | Statement of income and expenditure; |
| 4. | Supplemental schedules to the financial statements determined by the Minister of Justice. |
| Article 51 (Handling of Sensitive Information and Personally Identifiable Information) |
| (2) | If inevitable to perform the following duties, the head of a probation office may handle information including personal information referred to in paragraph (1): <Amended by Presidential Decree No. 25412, Jun. 30, 2014; Presidential Decree No. 25731, Nov. 19, 2014; Presidential Decree No. 26326, Jun. 22, 2015> |
| 3. | Duties to file a request to add or revise the matters to be observed by persons subject to probation under Article 32 (4) of the Act; |
| 8. | Duties to file a request to suspend probation or a request to revoke suspension of probation, and to manage persons for whom probation is suspended under Article 53 (1) and (2) of the Act; |
| 10-2. | Duties to execute orders to provide community service and to undergo education under Article 61 of the Act; |
| 10-3. | Duties to accept reports to be submitted by mandatory community service providers or education recipients under Article 62 of the Act; |
| 11. | Duties to manage the reports submitted by persons subject to probation under Articles 16 and 18 (2). |
| (3) | If inevitable to perform the following duties, the Minister of Justice may handle information including personal information referred to in paragraph (1): <Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014> |
| 2. | Duties to ascertain whether an executive officer of the Agency is disqualified pursuant to Article 78 of the Act; |
| (4) | If inevitable to file a request to add or revise the matters to be observed by persons subject to probation under Article 32 (4) of the Act, a public prosecutor may handle information including personal information referred to in paragraph (1). <Amended by Presidential Decree No. 25412, Jun. 30, 2014; Presidential Decree No. 25532, Aug. 6, 2014> |
| (5) | If inevitable to file an application for rehabilitation and to take measures under Article 66 of the Act, the head of a probation office, an entity permitted to provide rehabilitation services or the Agency may handle information including personal information referred to in paragraph (1). <Newly Inserted by Presidential Decree No. 25412, Jun. 30, 2014; Presidential Decree No. 25532, Aug. 6, 2014> |
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
| Article 52 (Standards for Imposition of Administrative Fines) |
The standards for imposing administrative fines referred to in Article 101 (1) of the Act shall be as specified in the attached Table. [This Article Newly Inserted by Presidential Decree No. 29017, Jul. 3, 2018]
ADDENDA
| (1) | (Enforcement Date) This Decree shall enter into force on January 1, 1997. |
| (2) | (Relationship to Other Statutes and Regulations) Where the former Enforcement Decree of the Act on Probation or provisions thereof are cited in other statutes as at the time this Decree enters into force, and where this Decree includes provisions corresponding thereto, this Decree or relevant provisions of this Decree shall be deemed to be cited in lieu of the former Enforcement Decree of the Act on Probation or provisions thereof. |
ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDUM <Presidential Decree No. 19392, Mar. 23, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 19755, Dec. 21, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20830, Jun. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 22, 2008.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21350, Mar. 18, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 27, 2009.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 21840, Nov. 23, 2009>
This Decree shall enter into force on November 29, 2009.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23737, Apr. 18, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24549, May 31, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 25412, Jun. 30, 2014>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 36-2 and 51 (2) 10 shall enter into force on July 8, 2014.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDUM <Presidential Decree No. 25731, Nov. 19, 2014>
This Decree shall enter into force on November 21, 2014: Provided, That the amended provisions of Article 51 (2) shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 26326, Jun. 22, 1015>
This Decree shall enter into force on July 1, 2015: Provided, That the amended provisions of Article 51 (2) shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27850, Feb. 7, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28074, May 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 30, 2017.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 29017, Jul. 3, 2018>
This Decree shall enter into force on the date of its promulgation.