POLICE UNIFORMS AND EQUIPMENT REGULATION ACT
Act No. 12914, Dec. 30, 2014
Amended by Act No. 14839, Jul. 26, 2017
Act No. 15806, Oct. 16, 2018
The purpose of this Act is to contribute to preventing improper distribution and use of police uniforms and equipment and retaining and enhancing the honor and dignity of the police by regulating matters for manufacturing, selling, wearing, and using police uniforms and equipment.
The terms used in this Act are defined as follows: <Amended by Act No. 14839, Jul. 26, 2017>
| 3. | The term “similar police uniform” or “similar police equipment” means an article that is difficult to identify due to the similarity of its shape, color, structure, etc. to that of a police uniform and equipment. |
| Article 3 (Registration of Manufacturing or Sales) |
| (1) | Each person who intends to engage in the business of manufacturing or selling police uniforms or equipment (hereinafter referred to as “manufacturing or sale business”) shall register his or her business with the Commissioner General of the Korean National Police Agency, the Commissioner of the Korea Coast Guard, or the Governor of the Jeju Special Self-Governing Province (hereinafter referred to as the “Commissioner General of the Korean National Police Agency, etc.”) in accordance with the following classifications after securing facilities prescribed by Presidential Decree and deciding the categories of police uniforms and equipment which are intended to be manufactured or sold. The same shall also apply where he or she intends to modify the registered categories of police uniforms and equipment: <Amended by Act No. 14839, Jul. 26, 2017> |
| 1. | Police uniforms and equipment of national police officials belonging to the Korean National Police Agency: The Commissioner General of the Korean National Police Agency; |
| 2. | Police uniforms and equipment of national police officials belonging to the Korea Coast Guard: The Commissioner of the Korea Coast Guard; |
| 3. | Police uniforms and equipment of police officials of Jeju Special Self-Governing Province: The Governor of Jeju Special Self-Governing Province. |
| (2) | Matters necessary for registration of manufacturing or sale businesses pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
| Article 4 (Grounds for Disqualification) |
None of the following persons shall register his or her manufacturing or sale business: <Amended by Act No. 15806, Oct. 16, 2018>
| 1. | A person for whom three years have not passed since imprisonment with labor imposed upon him or her for violation of this Act was completely executed (or is deemed completely executed) or since he or she was exempted from such sentence; or a person who is under a suspended sentence for such; |
| 2. | A person under adult guardianship or limited guardianship; |
| 3. | A person declared bankrupt who is not reinstated; |
| 4. | A person in whose case five years have not passed from the date his or her registration was revoked under Article 5 (excluding registration revoked under subparagraph 2 or 3); |
| 5. | A corporation or organization, one of the executive officers of which falls under any of subparagraphs 1 through 4. |
| Article 5 (Revocation of Registration and Relevant Matters) |
| (1) | Where a manufacturer or seller falls under any of the following cases, the Commissioner General of the Korean National Police Agency, etc. may revoke the registration of his or her manufacturing or sale business or suspend such business pursuant to this Act, specifying a period up to one year pursuant to criteria provided by Ordinance of the Ministry of the Interior and Safety: Provided, That in cases falling under subparagraphs 1 through 4, such registration shall be revoked: <Amended by Act No. 14839, Jul. 26, 2017> |
| 1. | Where he or she obtains registration or modified registration provided for in Article 3, by fraud or other improper means; |
| 2. | Where he or she fails to commence his or her business within one year, or suspends his or her business for at least one consecutive year, without just cause, from the date of such registration; |
| 3. | Where he or she becomes to fall under any of the subparagraphs of Article 4: Provided, That the foregoing shall not apply where a corporation or organization falling under subparagraph 5 of Article 4 dismisses such executive officer, or appoints another executive officer in replacement of such executive officer, within three months; |
| 4. | Where he or she engages in manufacturing or sale business during a period of business suspension; |
| 5. | Where he or she fails to meet the facility standards for registration; |
| 7. | Where he or she fails to report, or submit materials, required under Article 10 (1), or does so deceitfully; |
| 8. | Where he or she refuses, obstructs, or evades access or inspection by a relevant public official provided for in Article 10 (2). |
| (2) | Where the Commissioner General of the Korean National Police Agency, etc. intends to revoke registration or suspend business pursuant to paragraph (1), he or she shall hold a hearing. |
| Article 6 (Recordkeeping and Retention of Record Books) |
| (1) | Each manufacturer or seller shall retain manufacture or sales record books, in which the following records are entered, at his or her place of business: |
| 1. | Date of manufacture or sale; |
| 2. | Item and quantity manufactured or sold; |
| 3. | Address, name, age, and date of birth of a purchaser (in cases of a public official, referring to his or her affiliation, rank, name, and age); |
| 4. | Other matters prescribed by Presidential Decree. |
| (2) | Matters necessary to keep records and retain such record books required under paragraph (1) shall be determined by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017> |
| Article 7 (Prohibition on Name Lending) |
No manufacturer or seller may lend his or her business name to any third person.
| Article 8 (Prohibition on Manufacturing or Selling of Police Uniforms) |
| (1) | No person may manufacture, sell, or rent a police uniform or equipment, or possess such uniform or equipment for the purpose of sale or rent, for or to any person who is not a police official. |
| (2) | No person may manufacture, sell, or rent a similar police uniform or equipment, or possess any such similar item for the purpose of sale or rent. |
| (3) | Paragraphs (1) and (2) shall not apply in any of the following cases: |
| 1. | Cultural and artistic activities, public ceremonial events, activities for public interest purposes, and other cases prescribed by Presidential Decree; |
| 2. | Where police uniforms or equipment are allowed to be worn, used, or carried pursuant to other statutes and regulations; |
| 3. | Where police uniforms or equipment are distinguishable with identification marks prescribed by Presidential Decree. |
| Article 9 (Prohibition on Wearing or Using Police Uniforms) |
| (1) | No person, other than a police official, may wear, use, or carry police uniforms or equipment. |
| (2) | No one may cause others to confuse himself or herself with a police official by wearing a similar police uniform. |
| (3) | No one may wear, use, or carry any similar police equipment. |
| (4) | Paragraphs (1) through (3) shall not apply in any subparagraph of Article 8 (3). |
| Article 10 (Reporting and Inspection) |
| (1) | Where the Commissioner General of the Korean National Police Agency, etc. deems it necessary, he or she may require a manufacturer or seller to report his or her business matters or submit materials thereon. |
| (2) | Where the Commissioner General of the Korean National Police Agency, etc. deems it necessary, he or she may require relevant public officials to enter an office, place of business, or any other necessary place, of a manufacturer or seller to inspect facilities, record books, documents, and other things or to inquire of interested persons. |
| (3) | A public official who enters, inspects, or inquires pursuant to paragraph (2) shall carry identification verifying his or her authority and present it to interested persons. |
| (4) | Details necessary to report or submit materials pursuant to paragraph (1) and to conduct inspections or make inquiries pursuant to paragraph (2) shall be prescribe by Presidential Decree. |
| Article 11 (Delegation and Entrustment of Authority) |
The authority of the Commissioner General of the Korean National Police Agency, etc. vested under this Act may be delegated to the head of an agency affiliated therewith or entrusted to the head of another administrative agency or a relevant corporation or organization, as prescribed by Presidential Decree.
| Article 11-2 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
[This Article Newly Inserted by Act No. 15806, Oct. 16, 2018]
| Article 12 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for up to one year or by a fine not exceeding 10 million won: |
| 1. | A person who manufactures, sells, or rents a police uniform or equipment, or possesses any such uniform or equipment for the purpose of sale or rent, without registration required under Article 3 (1); |
| 2. | A person who lends his or her business name to any third person, in violation of Article 7; |
| 3. | A person who manufactures, sells, or rents a police uniform or equipment, or a similar police uniform or equipment, or possesses such item for the purpose of sale or rent, in violation of Article 8. |
| (2) | A person who violates paragraphs (1) through (3) of Article 9 shall be punished by imprisonment with labor for up to six months or be subject to a fine not exceeding three million won, misdemeanor imprisonment, or a minor fine. |
| Article 13 (Joint Penalty Provisions) |
If the representative of a corporation or organization; an agent, or commercial employee, of the corporation or organization, or of an individual; or any other person employed thereby commits any violation described in Article 12, in connection with the business affairs of the corporation, organization, or the individual, not only shall such violator be punished, but the corporation or organization or the individual, also shall be subject to a fine prescribed in that Article: Provided, That the foregoing shall not apply where such corporation, organization, or such individual has not neglected in giving due attention to and supervising relevant business affairs, to prevent such violation.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Registration of Manufacturing or Sale Business)
Each person engaged in the business of manufacturing or selling police uniforms or equipment, as at the time the Act enters into force, shall obtain registration pursuant to Article 3 within one year after this Act enters into force.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended under Article 5 of the Addenda, amendments to an Act, which was promulgated before this Act enters into force and the date on which it enters into force has yet to arrive, shall enter into force on the date the relevant Act enters into force.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 15806, Oct. 16, 2018>
This Act shall enter into force on the date of its promulgation.