CHAPTER I GENERAL PROVISIONS
[This Article Wholly Amended by Presidential Decree No. 24249, Dec. 24, 2012]
The terms used in this Decree are defined as follows: <Amended by Presidential Decree No. 24831, Nov. 5, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 28215, Jul. 26, 2017; Presidential Decree No. 28760, Mar. 30, 2018>
| 1. | The term "appointment" means new recruitment, advancement, promotion, transfer, dispatch, temporary retirement, removal, retirement, suspension from office, dismissal from one's position, reinstatement, dismissal from office, and expulsion; |
| 2. | The term "police agency" means the Korean National Police Agency, the Korea Coast Guard, a district police agency, a regional coast guard, the Korean National Police University, the Police Human Resources Development Institute, the Central Police Academy, the Korean Police Investigation Academy, the Korea Coast Guard Academy, the National Police Hospital, a police station, a mobile police unit, an auxiliary police company, a coast guard station, the Korea Coast Guard Maintenance Center, a patrol ship, or an agency the head of which is a senior inspector or higher-ranking police official designated by the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard; |
| 3. | The term "competent agency, etc." means any of the following: |
| (a) | Agencies under the jurisdiction of the Commissioner General of the Korean National Police Agency: The Korean National Police University, the Police Human Resources Development Institute, the Central Police Academy, the Korean Police Investigation Academy, the National Police Hospital, and a district police agency; |
| (b) | Agencies under the jurisdiction of the Commissioner of the Korea Coast Guard: The Korea Coast Guard Academy, a regional coast guard, a coast guard station, and the Korea Coast Guard Maintenance Center. |
[This Article Wholly Amended by Presidential Decree No. 24249, Dec. 24, 2012]
| Article 3 (National Police Agencies and Coast Guard Agencies with Auxiliary Police Companies) |
| (1) | National police agencies under which auxiliary police companies are established pursuant to Article 1 (1) of the Act on the Establishment and Operation of auxiliary police companies (hereinafter referred to as the "Act") shall include the Korean National Police University, the Police Human Resource Development Institute, the Central Police Academy, the Korean Police Investigation Academy, the National Police Hospital, a district police agency, a police station, a mobile police unit, a maintenance agency, and an agency the head of which is a senior inspector or higher-ranking police official designated by the Commissioner General of the Korean National Police Agency, from among police agencies. <Amended by Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 28760, Mar. 30, 2018> |
| (2) | Coast guard agencies under which auxiliary police companies are established pursuant to Article 1 (1) of the Act shall include the Korea Coast Guard Academy, a regional coast guard, a coast guard station, the Korea Coast Guard Maintenance Center, a patrol ship, and an agency the head of which is a senior inspector or higher-ranking police official designated by the Commissioner of the Korea Coast Guard, among police agencies. <Amended by Presidential Decree No. 24831, Nov. 5, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 28215, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24249, Dec. 24, 2012]
[Title Amended by Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 28215, Jul. 26, 2017]
| Article 3-2 (Agency Exercising Overall Control of Auxiliary Police Companies) |
| (1) | The Commissioner General of the Korean National Police Agency may establish a mobile police unit under a district police agency, as an agency which exercises overall control of auxiliary police companies under the jurisdiction of such district police agency. |
| (2) | The Commissioner General of the Korean National Police Agency may establish a mobile police corps under a district police agency to exercise overall control of mobile police units under the jurisdiction of such district police agency. |
[This Article Newly Inserted by Presidential Decree No. 26659, Nov. 20, 2015]
[Previous Article 3-2 Moved to Article 3-4]
| Article 3-3 (Organization of Auxiliary Police Companies) |
Details necessary for the organization and operation of auxiliary police companies shall be determined by the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard. <Amended by Presidential Decree No. 28215, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 26659, Nov. 20, 2015]
| Article 3-4 (Establishment and Duties of Police Sports Corps) |
| (1) | A police sports corps shall be established under the jurisdiction of the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard to study and develop theories for improving auxiliary police officers' physical fitness and to boost their morale. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (2) | Matters concerning the establishment, organization, and operation of the police sports corps shall be determined by the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard: Provided, That if he or she intends to add a new type of sports to the police sports corps, he or she shall consult, in advance, with the Minister of National Defense thereon. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 25695, Nov. 4, 2014]
[Moved from Article 3-2]
| Article 4 (Authority of Appointment) |
| (1) | The Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard shall delegate his or her authority to appoint auxiliary police officers to the head of any of the following police agencies pursuant to Article 6 (3) of the Police Officials Act applied mutatis mutandis pursuant to Article 4 (1) of the Act: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 28215, Jul. 26, 2017> |
| 1. | Authority to appoint auxiliary police officers within a competent agency, etc. (excluding both authority of new recruitment and authority delegated to the head of a police agency pursuant to subparagraph 2): Head of a competent agency, etc.; |
| 2. | Authority of promotion, transfer, temporary retirement, removal, suspension from office, dismissal from one's position, reinstatement, and expulsion for auxiliary police officers within a police agency other than a competent agency, etc.: Head of the relevant police agency. |
| (2) | Notwithstanding paragraph (1), the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard may directly exercise his or her authority to appoint, if necessary to adjust the number of personnel. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24249, Dec. 24, 2012]
| Article 5 (Selection of Persons to Be Appointed as Auxiliary Police Officers and Method of Examination) |
| (1) | The Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard shall select persons to be appointed as auxiliary police officers by conducting open selection examinations for applicants, from among persons in the preliminary military service. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 27620, Nov. 29, 2016; Presidential Decree No. 28215, Jul. 26, 2017> |
| (2) | Open examinations to select persons to be appointed as auxiliary police officers (hereinafter referred to as "selection examinations for auxiliary police officers") shall be conducted in the following order: Provided, That the third and final examinations shall be conducted only when deemed necessary by the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard: <Amended by Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 28215, Jul. 26, 2017> |
| 1. | First examination: Aptitude test; |
| 2. | Second examination: Medical examination and examination of physical fitness; |
| 3. | Third examination: Multiple-choice written examination: Provided, That a practical examination may be conducted in substitution for the written examination for persons who have the qualifications referred to in paragraph (3) and a license in the relevant field prescribed by the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard; |
| 4. | Final examination: Interview. |
| (3) | The Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard may conduct selection examinations for auxiliary police officers for persons who have the qualifications prescribed by the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard, if necessary to supplement personnel required for particular affairs, such as driving, computing skills, use of foreign language, art, and sports. <Amended by Presidential Decree No. 25695, Nov. 4, 2014; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 28215, Jul. 26, 2017> |
| (4) | No person who has failed the immediately preceding examination shall take an examination immediately following it. |
[This Article Wholly Amended by Presidential Decree No. 24249, Dec. 24, 2012]
| Article 5-2 (Determination of Successful Applicants for Examinations) |
| (1) | Any of the following persons shall be successful applicants for each round of selection examinations for auxiliary police officers: <Amended by Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 28215, Jul. 26, 2017> |
| 1. | First examination: Persons who meet the criteria for the aptitude test prescribed by the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard; |
| 2. | Second examination: Persons who meet the criteria for medical examination and for examination of physical fitness referred to in Article 7 (4); |
| 3. | Third and final examinations: Persons who obtain at least the standard scores prescribed by the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard. |
| (2) | The Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard shall determine and publicly announce, as potential successful applicants, persons who have passed the first and second examinations (referring to persons who have passed all the relevant tests, if third and final examinations were conducted), and then determine final successful applicants by open lottery from among such potential successful applicants. <Newly Inserted by Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 28215, Jul. 26, 2017> |
| (3) | The Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard shall manage both a list of applicants for the selection examinations for auxiliary police officers and the results of each round of examinations by recording them in attached Form No. 1. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 28215, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24249, Dec. 24, 2012]
| Article 6 (Recommendation of Persons to Be Appointed As Auxiliary Police Officers) |
| (1) | The Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard shall recommend final successful applicants as candidates of auxiliary police officers under Article 5-2 (1) to the Minister of National Defense pursuant to Article 3 (2) of the Act, but priority by class shall be given in order of seniority. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (2) | The recommendation referred to in paragraph (1) shall be made, according to attached Form No. 2, by not later than 50 days before the scheduled date of enlistment of persons to be appointed as auxiliary police officers: Provided, That the recommendation period may be altered after consultation with the Minister of National Defense, if it becomes necessary to select an auxiliary police officer to fill a vacancy or to supplement personnel required for particular affairs. |
[This Article Wholly Amended by Presidential Decree No. 24249, Dec. 24, 2012]
| Article 7 (Methods and Criteria for Aptitude Test) |
| (1) | The aptitude test referred to in Article 5 (2) 1 shall be conducted, using a questionnaire containing questions designed to identify whether applicants have adaptability, behavioral patterns, etc. suitable for auxiliary police officers, and the detailed method and criteria therefor shall be determined by the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard. <Amended by Presidential Decree No. 28215, Jul. 26, 2017> |
| (2) | The medical examination and examination of physical fitness referred to in Article 5 (2) 2 shall be conducted through a written notice on the results of a draft physical examination referred to in Article 9 (1) 1 or a report on a physical examination referred to in Article 9 (1) 2, but an actual examination may be conducted to verify whether the relevant applicant meets the criteria for the medical examination and examination of physical fitness, if deemed necessary by the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard. <Amended by Presidential Decree No. 27620, Nov. 29, 2016; Presidential Decree No. 28215, Jul. 26, 2017> |
| (3) | Interviews referred to in Article 5 (2) 4 shall be conducted by means of questions and answers based on application documents submitted pursuant to Article 9, and the detailed method and criteria therefor shall be determined by the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard. <Amended by Presidential Decree No. 28215, Jul. 26, 2017> |
| (4) | The criteria for the medical examination and examination of physical fitness referred to in paragraph (2) shall be as specified in attached Table 1. |
[This Article Wholly Amended by Presidential Decree No. 26659, Nov. 20, 2015]
| Article 8 (Subjects of Written Examination, Level of Difficulty, and Method of Setting Questions) |
| (1) | Where a written examination is conducted pursuant to the proviso of Article 5 (2), examination subjects shall be Korean, Korean history, and common sense; and the method of setting questions for the examination, the number of questions for each subject, and other matters shall be determined by the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard. <Amended by Presidential Decree No. 13435, Jul. 30, 1991; Presidential Decree No. 15136, Aug. 8, 1996; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (2) | The level of difficulty of the written examination shall be set to allow ordinary high school graduates to pass it: Provided, That the level of difficulty may be set otherwise, if deemed necessary by the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard. <Amended by Presidential Decree No. 13435, Jul. 30, 1991; Presidential Decree No. 15136, Aug. 8, 1996; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 11217, Aug. 31, 1983]
| Article 9 (Application Documents) |
| (1) | A person who intends to take selection examinations for auxiliary police officers shall submit an application for auxiliary police officer specified in attached Form No. 2-2 (including an application prepared in electronic form) to the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard, along with the following documents (including electronic documents): <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 27620, Nov. 29, 2016; Presidential Decree No. 28215, Jul. 26, 2017> |
| 2. | One copy of a report on a physical examination issued by the head of a national, public, or general hospital (limited to persons who have not undergone the draft physical examination referred to in Article 11 (1) of the Military Service Act); |
| 4. | One copy of a license determined by the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard (limited to persons who intend to take a practical examination conducted in substitution for a written examination pursuant to the proviso of Article 5 (2) 3). |
| (2) | Upon receipt of an application for auxiliary police officer under paragraph (1), the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard shall verify the following documents by shared use of the administrative information under Article 36 (1) of the Electronic Government Act: Provided, That an applicant who does not agree on the confirmation shall be required to attach the relevant document: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27620, Nov. 29, 2016; Presidential Decree No. 28215, Jul. 26, 2017> |
| 1. | A certificate of the military register issued by the director of a regional military manpower administration (limited to persons subject to a draft physical examination referred to in Article 11 (1) of the Military Service Act); |
| 2. | A confirmation of a person (his or her bereaved family) of distinguished service to the State (limited to bereaved families of persons of distinguished service to the State); |
| 3. | Deleted; <by Presidential Decree No. 29194, Sep. 28, 2018> |
[This Article Wholly Amended by Presidential Decree No. 24249, Dec. 24, 2012]
| Article 10 (Issuance of Written Order for Enlistment) |
Upon receipt of a recommendation under Article 6, the Minister of National Defense shall take measures to have a written order for enlistment designating the enlistment date issued to the relevant person 30 days before the enlistment date, pursuant to the Military Service Act, and shall notify such intention to the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard. <Amended by Presidential Decree No. 12991, Apr. 30, 1990; Presidential Decree No. 13435, Jul. 30, 1991; Presidential Decree No. 14397, Oct. 6, 1994; Presidential Decree No. 15136, Aug. 8, 1996; Presidential Decree No. 18860, Jun. 13, 2005; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27620, Nov. 29, 2016; Presidential Decree No. 28215, Jul. 26, 2017>
| Article 11 (Date of Appointment) |
| (1) | The date of new recruitment and the date of retirement of an auxiliary police officer shall be the date of secondment and the date of cancellation of secondment under Article 25 (1) of the Military Service Act, respectively. |
| (2) | The date of appointment as an auxiliary police officer and the expiration date of the service period for a person appointed as a police lieutenant after graduating from the Korean National Police University, from among persons seconded pursuant to Article 25 (1) of the Military Service Act, shall be the date of secondment and the date of cancellation of secondment under Article 25 (1) of the Military Service Act, respectively. |
| (3) | Notwithstanding paragraphs (1) and (2), the expiration date of the service period for an auxiliary police officer whose secondment period has been extended pursuant to Article 25 (3) of the Military Service Act shall be the expiration date of the extension. |
[This Article Wholly Amended by Presidential Decree No. 26659, Nov. 20, 2015]
| Article 12 (Special Recruitment as National Police Official) |
The Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard may specially recruit, as a national police official, an auxiliary police officer who has finished specified service, considering him qualified to take an examination for special recruitment under Article 8 (3) 3 of the Police Officials Act. <Amended by Presidential Decree No. 19563, Jun. 29, 2006; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 28215, Jul. 26, 2017>
| Article 13 Deleted. <by Presidential Decree No. 24249, Dec. 24, 2012> |
| Article 14 (Promotion of Auxiliary Police Officers) |
| (1) | An appointing authority shall promote, by one rank, each auxiliary police officer whose minimum service period for promotion has elapsed: Provided, That in cases of special police officers, a person selected as a member of the squad leadership of an auxiliary police company and received prescribed education in an educational institution prescribed by the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard, such as Non-Commissioned Officer Academy or Central Police Academy, from among police sergeants, shall be promoted to special police officer. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 28215, Jul. 26, 2017> |
| (2) | Minimum service periods for promotion for auxiliary police officers referred to in paragraph (1) shall be as follows: Provided, That the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard may shorten the minimum service periods for promotion with consent from the Minister of National Defense, in wartime, during a disturbance, or if deemed necessary for filling a vacancy: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 28215, Jul. 26, 2017> |
| 1. | Promotion to police sergeant: Seven months as a police corporal; |
| 2. | Promotion to police corporal: Seven months as a private first class police officer; |
| 3. | Promotion to private first class police officer: Three months from the enlistment date. |
| (3) | An appointing authority shall appoint an auxiliary police officer under his or her jurisdiction who has reached the minimum service period for promotion to higher rank, on the first day of the following month. <Amended by Presidential Decree No. 26659, Nov. 20, 2015> |
[This Article Wholly Amended by Presidential Decree No. 24249, Dec. 24, 2012]
[Title Amended by Presidential Decree No. 26659, Nov. 20, 2015]
| Article 14-2 Deleted. <by Presidential Decree No. 24249, Dec. 24, 2012> |
| Article 15 (Restrictions on Promotion) |
| (1) | No auxiliary police officer shall be promoted, if he falls under any of the following cases: <Amended by Presidential Decree No. 26659, Nov. 20, 2015> |
| 1. | Where he has become a prisoner of war, or is missing; |
| 2. | Where he has deserted his post; |
| 3. | Where he is in the period of dismissal from his position, temporary retirement, or disciplinary action. |
| (2) | Restrictions on promotion shall be imposed only once after expiration of the relevant period specified in paragraph (1) 3 for an auxiliary police officer falling under either of the following cases: <Amended by Presidential Decree No. 26659, Nov. 20, 2015> |
| 1. | Where he is convicted by a court (excluding where a summary order is requested and where he falls under Article 29); |
| 2. | Where he receives disciplinary action in the form of suspension from office. |
[This Article Wholly Amended by Presidential Decree No. 24249, Dec. 24, 2012]
| Article 16 (Special Promotion of Combat Veterans) |
| (1) | Notwithstanding Articles 14 and 15, a person who was killed in action, died in the line of duty, or has rendered distinguished service in performing his duties (hereinafter referred to as "combat veteran"), from among auxiliary police officers, may be specially promoted pursuant to Article 14 of the Police Officials Act. <Amended by Presidential Decree No. 26659, Nov. 20, 2015> |
| (2) | "Person who has rendered distinguished service in performing his duties" referred to in paragraph (1) means any of the following: <Amended by Presidential Decree No. 11217, Aug. 31, 1983> |
| 1. | A person who performs a meritorious deed in combat, exemplary to all auxiliary police officers; |
| 2. | A person who fulfills his duties at the risk of his life in a state of national emergency, exemplary to all auxiliary police officers; |
| 3. | A person who arrests a spy. |
| (3) | When an appointing authority intends to specially promote a combat veteran referred to in paragraph (1), he or she shall examine the relevant combat veteran's distinguished service. <Amended by Presidential Decree No. 11217, Aug. 31, 1983> |
| (4) | The procedures for, and outline of, examination of distinguished service referred to in paragraph (3) shall be determined by the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard. <Amended by Presidential Decree No. 13435, Jul. 30, 1991; Presidential Decree No. 15136, Aug. 8, 1996; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
[Title Amended by Presidential Decree No. 26659, Nov. 20, 2015]
| Article 17 Deleted. <by Presidential Decree No. 26659, Nov. 20, 2015> |
When appointed, each auxiliary police officer shall take the following oath with the head of a competent agency, etc.: "I swear that I will devote my body and mind to this worthy and honorable service, and that I will faithfully execute my duties with a firm conviction of ultimate victory, as an auxiliary police officer who defends the country, protects the freedom of his fatherland, protects the people's lives and property, and maintains public security and order." <Amended by Presidential Decree No. 13435, Jul. 30, 1991; Presidential Decree No. 26659, Nov. 20, 2015>
| Article 19 (Faithful Service) |
| (1) | Members of an auxiliary police company shall comply with the service rules and perform their duties in good faith. <Amended by Presidential Decree No. 26659, Nov. 20, 2015> |
| (2) | The service rules referred to in paragraph (1) shall be determined by the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard. <Amended by Presidential Decree No. 13435, Jul. 30, 1991; Presidential Decree No. 15136, Aug. 8, 1996; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| Article 20 (Life during Service) |
An auxiliary police officer shall serve in his unit: Provided, That he may reside outside his unit, if deemed especially necessary and therefore permitted by the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 28215, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 24249, Dec. 24, 2012]
| Article 21 (Carrying Certificate) |
An auxiliary police officer shall carry a specified certificate when he leaves a designated area, lodges at a place other than a designated place, or takes a business trip or vacation, and shall return the certificate without delay upon returning to his unit. <Amended by Presidential Decree No. 26659, Nov. 20, 2015>
| Article 22 (Reporting on Accident during Vacation or Business Trip) |
Where a member of an auxiliary police company on vacation or a business trip is unable to return to his unit by a fixed date due to traffic congestion in a natural disaster or other accident, or because personal extenuating circumstances exist, he shall report to an adjacent auxiliary police company or police agency to receive an order from the head of such unit or police agency, and shall report such fact to the commanding officer of the auxiliary police company to which he belongs, using the fastest means of communication. <Amended by Presidential Decree No. 26659, Nov. 20, 2015>
[This Article Wholly Amended by Presidential Decree No. 24249, Dec. 24, 2012]
| (1) | An auxiliary police company shall keep a roll-call log as determined by the Commissioner General of the Korean National Police Agency, or the Commissioner of the Korea Coast Guard by which it performs personnel and attendance checks, conveys orders and circulars, complies with instructions and relevant regulations, examines cleaning and tidying conditions, and inspects preservation, losses, etc. of personal equipment in order to ensure that its members perform their daily duties without fail. <Amended by Presidential Decree No. 13435, Jul. 30, 1991; Presidential Decree No. 15136, Aug. 8, 1996; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 28215, Jul. 26, 2017> |
| (2) | If the roll-call log referred to in paragraph (1) is kept, a service condition card under the Police Officials Service Regulations need not be kept. <Amended by Presidential Decree No. 18860, Jun. 13, 2005> |
| Article 23-2 (Personnel Management for Person Who Has Deserted His Post) |
| (1) | An auxiliary police officer who has deserted from his post without good cause shall be managed as a deserter from the date of desertion from service, and as an expunged deserter unless he returns within 15 days. <Amended by Presidential Decree No. 12184, Jun. 25, 1987; Presidential Decree No. 26659, Nov. 20, 2015> |
| (2) | Where a person managed as a deserter or as an expunged deserter returns or is arrested, disciplinary action shall be taken against him or a criminal complaint shall be filed with the competent police station, depending on cases. <Amended by Presidential Decree No. 14038, Dec. 31, 1993> |
| (3) | A person managed as an expunged deserter pursuant to paragraph (1) shall be excluded from the current members of the auxiliary police companies, and if he returns or is arrested, measures shall be taken to return him to service without delay. |
[This Article Newly Inserted by Presidential Decree No. 8891, Mar. 18, 1978]
Matters necessary for the types, rules, and wearing of uniforms for auxiliary police officers shall be determined by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 16231, Apr. 9, 1999; Presidential Decree No. 20692, Feb. 29, 2008; Presidential Decree No. 24419, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 28215, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 11217, Aug. 31, 1983]
| Article 25 Deleted. <by Presidential Decree No. 9531, Jul. 13, 1979> |
| (1) | Vacations of an auxiliary police officer shall be classified into annual leave, official leave, leave on application, compassionate leave, and compensatory leave. <Amended by Presidential Decree No. 26659, Nov. 20, 2015> |
| (2) | Annual leave may be granted once, or at least twice, for not more than 25 days a year in total. <Amended by Presidential Decree No. 14038, Dec. 31, 1993> |
| (3) | Official leave shall be permitted for a necessary period in any of the following cases: |
| 1. | Where the relevant person is summoned to a court in relation to official business; |
| 2. | Where the relevant person participates in voting in accordance with statutes; |
| 3. | Where the relevant person is unable to perform his duties due to an injury or disease caused by official business. |
| (4) | Leave on application shall be granted according to the following criteria: |
| 1. | Not more than two months a year, if vacation is required due to the principal's injury or disease; |
| 2. | Not more than 20 days a year, if the principal needs to attend on his lineal family member due to such family member's injury or disease; |
| 3. | Not more than 14 days a year, if the principal is to marry or his lineal family member dies. |
| (5) | Compassionate leave shall be granted for a given period not exceeding seven days when the relevant person suffers from serious fatigue due to training, censorship, or other particular duty. |
| (6) | Compensatory leave shall be granted pursuant to Article 18 of the Police Officials Service Regulations. <Amended by Presidential Decree No. 11217, Aug. 31, 1983; Presidential Decree No. 18860, Jun. 13, 2005> |
| (7) | Deleted. <by Presidential Decree No. 14038, Dec. 31, 1993> |
| Article 27 (Inspections by Auxiliary Police Officers) |
| (1) | Where auxiliary police officers conduct inspections pursuant to Article 2-2 of the Act, they shall do so only to the minimum extent necessary to perform counter-espionage operations or security duties, and shall ensure that they do not cause harm to the people by abusing their authority of inspection. <Amended by Presidential Decree No. 26659, Nov. 20, 2015> |
| (2) | Where an auxiliary police officer takes a person subject to inspection to a nearby police agency by necessity in the course of inspection, he shall report, without delay, such fact to the commander referred to in Article 61 (1) (hereinafter referred to as "commander") according to attached Form No. 4. <Amended by Presidential Decree No. 26659, Nov. 20, 2015> |
[This Article Wholly Amended by Presidential Decree No. 24249, Dec. 24, 2012]
[Title Amended by Presidential Decree No. 26659, Nov. 20, 2015]
| Article 27-2 (Use of Weapon by Auxiliary Police Officers) |
In performing inspections or other security duty under Article 2-2 of the Act, an auxiliary police officer may use a weapon he is carrying pursuant to Article 4 (1) of the Act and Article 20 (2) of the Police Officials Act, against a person who flees, or intends to flee, refusing to obey an order to stop issued at least three times for the purpose of inspection, security, etc., only when reasonable grounds exist for recognizing that no means other than the use of a weapon can stop such person. In such cases, a weapon shall be used to the minimum extent necessary for performing the relevant duty and, in particular, the relevant auxiliary police officer shall take care not to cause harm to the people. <Amended by Presidential Decree No. 11217, Aug. 31, 1983; Presidential Decree No. 18860, Jun. 13, 2005; Presidential Decree No. 26659, Nov. 20, 2015> [This Article Newly Inserted by Presidential Decree No. 9531, Jul. 13, 1979]
[Title Amended by Presidential Decree No. 26659, Nov. 20, 2015]
| Article 27-3 (Reporting on Use of Weapon) |
Where an auxiliary police officer has used a weapon, he shall report to the commander or the head of a competent agency, etc. on the relevant ground therefor and situation without delay. <Amended by Presidential Decree No. 13435, Jul. 30, 1991; Presidential Decree No. 26659, Nov. 20, 2015>
[This Article Newly Inserted by Presidential Decree No. 9531, Jul. 13, 1979]
CHAPTER IV GUARANTEE OF STATUS
| Article 28 (Measures on Status against Will) |
No auxiliary police officer shall be temporarily retired, suspended from office, retired, or dismissed from his position against his will, unless he falls under any grounds prescribed in this Act or this Decree. <Amended by Presidential Decree No. 8891, Mar. 18, 1978; Presidential Decree No. 26659, Nov. 20, 2015>
| Article 29 (Ipso Facto Retirement) |
An auxiliary police officer shall retire ipso facto, if he is sentenced to imprisonment with labor or without labor for not less than one year and six months, while in service. <Amended by Presidential Decree No. 11511, Sep. 22, 1984; Presidential Decree No. 16881, Jul. 1, 2000; Presidential Decree No. 26659, Nov. 20, 2015>
[This Article Wholly Amended by Presidential Decree No. 11217, Aug. 31, 1983]
| Article 30 (Ex Officio Dismissal) |
| (1) | Where an auxiliary police officer falls under any of the following cases, an appointing authority may dismiss him from office ex officio: <Amended by Presidential Decree No. 26659, Nov. 20, 2015> |
| 1. | Where the relevant person is unable to perform his duties due to a war wound or injury suffered in the line of duty; |
| 2. | Where the relevant person is unable to perform his duties due to a disease making service impracticable, such as epilepsy, nyctalopia, mental disability, and a personality disorder, or due to a mental or physical disorder; |
| 3. | Where a person who has temporarily retired due to a ground specified in Article 31 (1) 1 or 5 is unable to perform his duties even after the period of temporary retirement has expired; |
| 4. | Where a person who has temporarily retired due to a ground specified in Article 31 (1) 2 through 4 is missing or his whereabouts are unknown even after the period of temporary retirement has expired; |
| 5. | Where a person sentenced to imprisonment with or without labor (excluding persons falling under Article 29) is deemed unfit as an auxiliary police officer by an appointing authority. |
| (2) | An appointing authority shall determine whether an auxiliary police officer falls under the grounds specified in any subparagraph of paragraph (1), based on the data classified as follows: Provided, That he or she shall determine dismissal from office ex officio, pursuant to Article 36-6, for both a person whose physical grade does not fall under Grade V or VI as a result of the determination of physical grades referred to in Article 12 (1) of the Military Service Act and a person falling under paragraph (1) 5, from among persons falling under paragraph (1) 1 through 3: <Amended by Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 27620, Nov. 29, 2016; Presidential Decree No. 29486, Jan. 15, 2019> |
| 1. | A person falling under paragraph (1) 1 through 3: A diagnostic certificate verified by the head of a national hospital or national armed forces hospital; |
| 2. | A person falling under paragraph (1) 4: A report on his death prepared by the head of the competent policy agency according to attached Form No. 10; |
| 3. | A person falling under paragraph (1) 5: Results of review by a review committee on the legality of resumption of service by convicts under Article 35. |
[This Article Wholly Amended by Presidential Decree No. 24249, Dec. 24, 2012]
| Article 31 (Leave of Absence) |
| (1) | Where an auxiliary police officer falls under any of the following cases, an appointing authority shall issue an order for leave of absence for him, regardless of his will: <Amended by Presidential Decree No. 8891, Mar. 18, 1978; Presidential Decree No. 11217, Aug. 31, 1983; Presidential Decree No. 26353, Jun. 30, 2015; Presidential Decree No. 26659, Nov. 20, 2015> |
| 1. | Where the relevant person is unable to perform his duties due to a disease other than a war wound or injury suffered in the line of duty, or other mental or physical disorder; |
| 2. | Where the relevant person is missing in a battle against the enemy or in action to suppress an armed revolt or rebellion; |
| 3. | Where the relevant person is missing due to a war, natural disaster, or accident relating to an aircraft, naval vessel, etc.; |
| 4. | Where the relevant person is missing due to causes other than those specified in subparagraph 2 or 3; |
| 5. | Where a person whose vacation period referred to in Article 26 (4) 1 has expired is in need of continued medical treatment. |
| (2) | The period of leave of absence under paragraph (1) 1 and 5, that under paragraph (1) 2 and 3, and that under paragraph (1) 4 shall not exceed six months, three years, and one year, respectively. <Amended by Presidential Decree No. 8891, Mar. 18, 1978> |
| (3) | Medical treatment during leave of absence for a person who has taken a leave of absence temporarily pursuant to paragraph (1) 1 and other procedures shall be determined by the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard. <Amended by Presidential Decree No. 13435, Jul. 30, 1991; Presidential Decree No. 15136, Aug. 8, 1996; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| Article 32 (Effect of Leave of Absence) |
| (1) | An auxiliary police officer on a leave of absence shall retain his status, but shall not perform his duties. <Amended by Presidential Decree No. 26659, Nov. 20, 2015> |
| (2) | If the grounds for leave of absence cease to exist during a period of leave of absence, an appointing authority shall issue, without delay, an order for reinstatement. |
| (3) | An auxiliary police officer whose period of leave of absence has expired shall be reinstated, except in the cases specified in Article 31 (1) 2 through 4. <Amended by Presidential Decree No. 26659, Nov. 20, 2015> |
| Article 32-2 (Personnel Management of Auxiliary Police Officer Taken Prisoner) |
| (1) | An auxiliary police officer detained by the enemy country (including antinational organizations), armed rioters, or a rebellious organization shall be treated as a prisoner: Provided, That any of the following persons shall not be treated as a prisoner from the date on which the relevant cause arises: <Amended by Presidential Decree No. 13435, Jul. 30, 1991; Presidential Decree No. 15136, Aug. 8, 1996; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 28215, Jul. 26, 2017> |
| 1. | A person who sympathizes with the enemy country (including antinational organizations), armed rioters, or a rebellious organization during the detention period; |
| 2. | A person who refuses to return on his own will; |
| 3. | A person who dies during the detention; |
| 4. | A person for whom 10 years have elapsed since he was taken prisoner and who is deemed, by the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard, inappropriate to be continuously treated as a prisoner. |
| (2) | No disposition shall be taken to change status of a person who is treated as a prisoner, except as authorized by the Act or this Decree. |
[This Article Newly Inserted by Presidential Decree No. 8891, Mar. 18, 1978]
[Title Amended by Presidential Decree No. 26659, Nov. 20, 2015]
| Article 33 (Dismissal from Position) |
| (1) | Where an auxiliary police officer falls under any of the following cases, an appointing authority may dismiss him from his position: <Amended by Presidential Decree No. 26659, Nov. 20, 2015> |
| 1. | Where he lacks ability to perform his duties, or whose work performance is significantly poor; |
| 2. | Where a resolution for disciplinary action against him is pending; |
| 3. | Where he is arrested or prosecuted for a criminal case (excluding where a summary order has been requested). |
| (2) | Where an auxiliary police officer dismissed from his position pursuant to paragraph (1) falls under any of the following cases, an appointing authority shall grant him a position without delay: <Amended by Presidential Decree No. 26659, Nov. 20, 2015> |
| 1. | Where he is dismissed from his position pursuant to paragraph (1) 1 or 2, and the cause for such dismissal ceases to exist; |
| 2. | Where he is dismissed from his position pursuant to paragraph (1) 3, and he receives a disposition of non-prosecution or rejection of a public indictment, acquittal, acquittal of a public prosecution, or exemption from a sentence. |
[This Article Wholly Amended by Presidential Decree No. 24249, Dec. 24, 2012]
| Article 34 Deleted. <by Presidential Decree No. 24249, Dec. 24, 2012> |
| Article 34-2 (Deferral of Retirement) |
Where an auxiliary police officer falls under any of the following cases, an appointing authority may not issue an order for his retirement: <Amended by Presidential Decree No. 26659, Nov. 20, 2015>
| 2. | Where he has deserted his post; |
| 3. | Where he is in temporary retirement, or receives a disposition of dismissal from his position; |
| 4. | Where he receives a disposition of suspension from office or detention in a guardhouse; |
| 5. | Where he is hospitalized to receive medical treatment due to a disease or a mental or physical disorder: Provided, That excluded herefrom are cases where a person issued a decision for discontinuance of medical treatment from a doctor, or where a person who has sustained a war wound or injury in the line of duty wishes to retire. |
[This Article Wholly Amended by Presidential Decree No. 24249, Dec. 24, 2012]
| Article 35 (Review Committee on Legality of Resumption of Service by Convicts) |
| (1) | In order to review whether it is legal to permit a person falling under Article 30 (1) 5 to resume service, a committee for review on the legality of resumption of service by convicts (hereinafter referred to as "review committee") shall be established under a competent agency, etc.: <Amended by Presidential Decree No. 12184, Jun. 25, 1987; Presidential Decree No. 13435, Jul. 30, 1991> |
| (2) | A review committee shall be composed of at least five, but less than seven members, including the chairperson, who shall be appointed by the head of a competent agency, etc. from among senior inspectors or higher-ranking national police officials. <Amended by Presidential Decree No. 13435, Jul. 30, 1991; Presidential Decree No. 19563, Jun. 29, 2006> |
| (3) | The review committee shall conduct a review based on recorded documents: Provided, That the relevant person subject to the review or a witness may be summoned to answer questions, if necessary. |
| (4) | Meetings of the review committee shall adopt a resolution by the concurrent vote of a majority of all incumbent members. |
| (5) | Deleted. <by Presidential Decree No. 16231, Apr. 9, 1999> |
| (6) | Matters necessary for operating the review committee shall be determined by the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard. <Amended by Presidential Decree No. 13435, Jul. 30, 1991; Presidential Decree No. 15136, Aug. 8, 1996; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| Article 36 (Request for Review) |
The head of a competent agency, etc. shall establish a review committee without delay to request review therof, if any of the auxiliary police officers under his or her jurisdiction falls under Article 30 (1) 5. <Amended by Presidential Decree No. 12184, Jun. 25, 1987; Presidential Decree No. 13435, Jul. 30, 1991; Presidential Decree No. 26659, Nov. 20, 2015>
| Article 36-2 (Common Review Committee on Casualties in Action or in the Line of Duty) |
| (1) | In order to review matters concerning injuries or deaths of auxiliary police officers in action or in the line of duty, the common review committee on casualties in action or in the line of duty (hereinafter referred to as “common review committee on casualties”) shall be established in the competent agency, etc. |
| (2) | A common review committee on casualties shall consist of at least five, but less than seven members including one chairperson. |
| (3) | A chairperson of a common review committee on casualties shall be elected among and by members. |
| (4) | The chairperson of a common review committee on casualties shall represent the committee and exercise general supervision over its affairs. |
| (5) | When the chairperson of a common review committee on casualties is not able to perform his or her duties extenuating circumstances, a member designated by the chairperson in advance shall act on his or her behalf. |
| (6) | The head of a competent agency, etc shall appoint or commission members of a common review committee on casualties from persons with abundant knowledge and experience in an area related to police officials in consideration of genders. In such cases, persons who are not public officials shall be a majority of the members. |
| (7) | The term of office of members of a common review committee on casualties who are not public officials shall be two years. |
| (8) | The chairperson of a common review committee on casualties shall convene and preside over a meeting. |
| (9) | A majority of the members of a common review committee on casualties shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (10) | When a review by a common review committee on casualties is completed, the head of a competent agency, etc. shall notify, without delay, a requesting party of the written decision including any of the following: |
| 1. | The results and reasons of the review; |
| 2. | The period of request for re-review under Article 36-4 (3). |
| (11) | Except for matters prescribed in paragraphs (1) through (10), details necessary for operation of a common review committee on casualties shall be determined by the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard. |
[This Article Wholly Amended by Presidential Decree No. 29486, Jan. 15, 2019]
| Article 36-3 (Central Review Committee on Casualties in Action or in the Line of Duty) |
| (1) | In order to re-review matters concerning injuries or deaths of auxiliary police officers in action or in the line of duty under Article 36-4 (1) or (2), the central review committee on casualties in action or in the line of duty (hereinafter referred to as “Central Review Committee on Casualties”) shall be established in the Korean National Police Agency and the Korea Coast Guard. |
| (2) | The Central Review Committee on Casualties shall consist of up to 20 members including one Chairperson. |
| (3) | A meeting of the Central Review Committee on Casualties shall consist of the Chairperson and six members designated by him or her for each meeting. In such cases, members who are not public officials shall be a majority of the meeting. |
| (4) | As for the organization or operation of the Central Review Committee on Casualties, Article 36-2 (3) through (11) shall apply mutatis mutandis. In such cases, “common review committee on casualties” shall be construed as “central review committee on casualties”, “head of the competent agency” as “the Commissioner General of the Korean National Police Agency, or the Commissioner of the Korea Coast of Guard,” and “review” as “re-review”, respectively. |
[This Article Newly Inserted by Presidential Decree No. 29486, Jan. 15, 2019]
[Previous Article 36-3 Moved to Article 36-6]
| Article 36-4 (Re-Review of Central Review Committee) |
| (1) | The Central Review Committee on Casualties shall re-review matters reviewed by a common review committee on casualties in any case of the following: |
| 1. | Where a party to review requests re-review; |
| 2. | Where a heir to property or statutory agent of a party to review requests re-review (limited to where the party is deceased, insane, or missing); |
| 3. | Where the Anti-Corruption and Civil Rights Commission or the National Human Rights Commission of Korea makes a decision or recommendation different from the review of a common review committee on casualties. |
| (2) | Where the Central Review Committee on Casualties has re-reviewed under paragraph (1), a party to review or his or her heir to property or statutory agent (hereafter in this Article and Article 36-5 referred to as “party, etc.”) may request re-review again on the same matter for one time only. |
| (3) | A request for re-review under paragraph (1) 1 or 2, or paragraph (2) shall be filed within 90 days from the day when a written decision of a relevant review or re-review is notified. |
[This Article Newly Inserted by Presidential Decree No. 29486, Jan. 15, 2019]
| Article 36-5 (Disqualification of, Challenge to or Refrainment by Member) |
| (1) | A member of the Central Review Committee on Casualties or a common review committee on casualties (hereinafter referred to as “review committee on casualties in action or in the line of duty”) falling under any of the following shall be disqualified from deliberations or decisions on the case in question: |
| 1. | Where a member or his or her former or current spouse is a party, etc. to the case in question, or his or her joint holder of any rights; |
| 2. | Where a member was or is a relative of a party, etc. to the case in question; |
| 3. | Where a member provides an advice on or service (including subcontract) for, conduct research on, give appraisal of, or conduct investigation on the case in question; |
| 4. | Where a member is or has been involved in the case in question as an agent of a party, etc. |
| (2) | If the circumstances indicate that it would be impracticable to expect fair deliberations and decisions of a member, a party, etc. to the case in questions may file a request for a challenge to the member with a review committee on casualties in action or in the line of duty, and the committee shall determine the request by a decision. In such cases, a member subject to the challenge shall not participate in the decision. |
| (3) | Where a member of a review committee on casualties in action or in the line of duty falls under any subparagraph of paragraph (1), the grounds for challenge, he or she shall notify the committee of the fact and voluntarily refrain from deliberation on and decision of the case in question. |
| (4) | Where a member of a review committee on casualties in action or in the line of duty falling under any subparagraph of paragraph (1) fails to refrain, the appointing or commissioning authority may dismiss or discommission the member. |
[This Article Newly Inserted by Presidential Decree No. 29486, Jan. 15, 2019]
| Article 36-6 (Personnel Management for Unfit Persons) |
| (1) | Where an auxiliary police officer falling under Article 30 (1) 1 through 3 also falls under either of the following cases, the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard may request the Minister of National Defense to cancel secondment of such auxiliary police officer. <Amended by Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 27620, Nov. 29, 2016; Presidential Decree No. 28215, Jul. 26, 2017> |
| (2) | Upon receipt of a request for the cancellation of secondment under paragraph (1), the Minister of National Defense shall process the request pursuant to Article 137 (1) 3 or 4 of the Enforcement Decree of the Military Service Act, and notify the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard of the result thereof. <Amended by Presidential Decree No. 13435, Jul. 30, 1991; Presidential Decree No. 14397, Oct. 6, 1994; Presidential Decree No. 15136, Aug. 8, 1996; Presidential Decree No. 16149, Mar. 3, 1999; Presidential Decree No. 18860, Jun. 13, 2005; Presidential Decree No. 21867, Dec. 7, 2009; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 28215, Jul. 26, 2017> |
| (3) | Where the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard who has requested the cancellation of secondment under paragraph (1) is notified by the Minister of National Defense of alteration of such military service disposition under paragraph (2), he or she shall dismiss the relevant person from office ex officio. <Amended by Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 28215, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 12184, Jun. 25, 1987
[Moved from Article 36-3]
CHAPTER V DISCIPLINARY ACTION AND APPEALS
| Article 37 (Execution of Detention in Guardhouse or Probation) |
| (1) | Detention in a guardhouse or probation shall be executed by a person who has requested a resolution on such disciplinary action. |
| (2) | A person who executes detention in a guardhouse may request the head of a police agency managing a detention center to provide cooperation necessary for executing such disciplinary action, and the head of the police agency so requested shall comply therewith, except in extenuating circumstances. |
| (3) | Where a person who has requested a resolution on disciplinary action executes detention in a guardhouse or probation, he or she shall report, without delay, to the relevant appointing authority on the result of the execution, along with a copy of a written resolution on disciplinary action. |
[This Article Wholly Amended by Presidential Decree No. 24249, Dec. 24, 2012]
| Article 38 (Filing Appeal) |
| (1) | Where an auxiliary police officer intends to file an appeal against disciplinary action he has received, he shall submit, to the head of the competent agency, etc. to which he belongs, a written appeal accompanied by a copy of a description on the ground for such disposition, within 15 days from receipt of such description. <Amended by Presidential Decree No. 11217, Aug. 31, 1983; Presidential Decree No. 12343, Dec. 31, 1987; Presidential Decree No. 13435, Jul. 30, 1991; Presidential Decree No. 26659, Nov. 20, 2015> |
| (2) | In cases falling under paragraph (1), the appellee shall be the person authorized to execute the relevant disciplinary action (the person authorized to recommend the relevant disposition, in cases of expulsion and suspension from office). |
| Article 39 (Composition of Committee) |
| (1) | Upon receipt of an appeal referred to in Article 38, the head of the competent agency, etc. shall establish a general disciplinary committee for police officials (hereinafter referred to as "committee") within seven days to assign the committee to review the appeal. In such cases, the committee shall be comprised of at least five, but less than seven members. <Amended by Presidential Decree No. 11217, Aug. 31, 1983; Presidential Decree No. 12343, Dec. 31, 1987; Presidential Decree No. 13435, Jul. 30, 1991; Presidential Decree No. 26659, Nov. 20, 2015> |
| (2) | In cases of paragraph (1), the gist of the appeal shall be notified to the appellee. |
| Article 40 (Review by Committee) |
| (1) | In reviewing an appeal case, the committee may conduct any test, appraisal, or fact-finding investigation, or may summon witnesses to ask questions or request the submission of relevant documents, if necessary. |
| (2) | If deemed necessary, the committee may have an employee under its jurisdiction conduct fact-finding investigations or outsource testing or appraisal to a person with special knowledge or experience. |
| Article 41 (Processing Period of Committee) |
A committee shall make a decision on an appeal within 20 days from the date of composition of the committee under Article 39: Provided, That such period may be extended by a specified period not exceeding 10 days by a resolution of the committee, if deemed inevitable.
| Article 42 (Appellant's Right to State Opinion) |
| (1) | Where a committee reviews an appeal case, it shall give the relevant appellant or his agent an opportunity to state his or her opinions. |
| (2) | A decision made, without an opportunity provided to the appellant to state an opinion under paragraph (1), shall be invalid. |
| Article 43 (Decisions of Committee) |
| (1) | Any decision on an appeal case shall be made by the concurrent vote of a majority of all incumbent members, but where opinions are divided, the most favorable opinion, which is drawn by adding in order more favorable ones to the most unfavorable one to the appellant until it reaches a majority of all incumbent members, shall be deemed a concurrent opinion. |
| (2) | No member of a committee shall participate in any appeal by his or her relative's. |
| (3) | Any decision of a committee shall be made in writing, clearly stating the grounds therefor. |
| (4) | Where a committee reviews an appeal case, it shall not determine to take disciplinary action which is heavier than the initial one. |
| Article 44 (Effect of Decision) |
A decision of a committee under Article 43 shall be binding on the relevant appellee.
| Article 45 (Dispatch of Written Decision) |
A committee shall prepare an authentic copy of a written decision on review of an appeal and dispatch it to both the appellant and appellee without delay.
CHAPTER VI BASIC SUPPLIES EXPENSES
| Article 46 Deleted. <by Act No. 10956, Dec. 20, 1982> |
| Article 47 Deleted. <by Act No. 10956, Dec. 20, 1982> |
| Article 48 (Payment of Basic Supplies Expenses) |
| (1) | The Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard shall reimburse auxiliary police officers basic supplies expenses necessary for their lives in units, within the budget. <Amended by Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 28215, Jul. 26, 2017> |
| (2) | The amount of the basic supplies expenses referred to in paragraph (1) shall be determined by the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard through consultation with the Minister of Economy and Finance. <Amended by Presidential Decree No. 13435, Jul. 30, 1991; Presidential Decree No. 14438, Dec. 23, 1994; Presidential Decree No. 15136, Aug. 8, 1996; Presidential Decree No. 16326, May 24, 1999; Presidential Decree No. 20692, Feb. 29, 2008; Presidential Decree No. 25751, Nov. 19, 2014> |
| Article 49 (Death Benefits) |
| (1) | Where an auxiliary police officer is killed in action or in the line of duty (including deaths from injury), the Minister of Patriots and Veterans Affairs shall pay his or her bereaved family death benefits. In such cases, Article 31 (2) and (3) of the Military Pension Act shall apply mutatis mutandis to the amount of death benefits for auxiliary police officers. <Amended by Presidential Decree No. 16231, Apr. 9, 1999; Presidential Decree No. 18860, Jun. 13, 2005; Presidential Decree No. 25695, Nov. 4, 2014; Presidential Decree No. 26659, Nov. 20, 2015> |
| (2) | Articles 5 and 13 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State shall apply mutatis mutandis to the scope and order of bereaved families who are entitled to receive death benefits pursuant to paragraph (1). <Amended by Presidential Decree No. 25695, Nov. 4, 2014> |
| Article 50 (Disability Benefits) |
Where an auxiliary police officer who has retired after having been injured in action or in the line of duty is assigned a disability rating referred to in Article 6-4 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State or Article 6 of the Act on Support for Persons Eligible for Veteran’s Compensation, the Minister of Patriots and Veterans Affairs shall pay the relevant person disability benefits calculated according to the following classification: <Amended by Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 29486, Jan. 15, 2019> | 1. | Injured persons assigned Disability Rating 1: An amount calculated according to the following formula: |
(Average base monthly income of all public officials x 419/1,000) x 78/10;
| 2. | Injured persons assigned Disability Ratings 2 to 5: An amount calculated according to the following formula: |
(Average base monthly income of all public officials x 419/1,000) x 52/10;
| 3. | Injured persons assigned Disability Rating 6 or 7: An amount calculated according to the following formula: |
(Average base monthly income of all public officials x 419/1,000) x 39/10.
[This Article Wholly Amended by Presidential Decree No. 25695, Nov. 4, 2014]
| Article 51 (Death Benefits where Disability Benefits Have Been Paid) |
Where a recipient of disability benefits dies due to the relevant wound, death benefits from which paid disability benefits are deducted shall be paid.
| Article 52 Deleted. <by Presidential Decree No. 11217, Aug. 31, 1983> |
| Article 53 (Notice of Persons Eligible to Receive Benefits) |
Where any person becomes eligible to receive death benefits or disability benefits (hereinafter referred to as "benefits"), the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard shall dispatch a notice accompanied by a confirmation of death (disability) specified in attached Form No. 3, to the Minister of Patriots and Veterans Affairs without delay. In such cases, with regard to a person eligible to receive disability benefits, a copy of a diagnostic certificate issued by the head of a national, public, or general hospital shall be attached thereto. <Amended by Presidential Decree No. 11983, Oct. 25, 1986; Presidential Decree No. 13435, Jul. 30, 1991; Presidential Decree No. 15136, Aug. 8, 1996; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 28215, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 11217, Aug. 31, 1983]
| Article 54 (Prescription of Benefits) |
No benefits shall be paid, unless the relevant benefits are claimed within five years after the relevant person dies or retires after having been injured. <Amended by Presidential Decree No. 11983, Oct. 25, 1986; Presidential Decree No. 14038, Dec. 31, 1993>
| Article 55 (Procedures for Claiming Benefits) |
Matters necessary for the procedures for claiming benefits and the payment thereof shall be determined by Minister of Patriots and Veterans Affairs. <Amended by Presidential Decree No. 11983, Oct. 25, 1986>
| Article 56 (Compensation) |
| 4. | Bereaved families of persons killed in action or in the line of duty corresponding thereto: Bereaved families of soldiers or police officers killed in action referred to in Article 4 (1) 3 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State; |
| (3) | Where the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard receives a request, from the Minister of Patriots and Veterans Affairs, for the confirmation of facts relating to the requirements for persons of distinguished service to the State under Article 9 (2) of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State or persons eligible for veteran’s compensation under Article 6 (2) of the Enforcement Decree of the Act on Support for Persons Eligible for Veteran’s Compensation, he or she shall confirm and notify such facts to the Minister of Patriots and Veterans Affairs without delay. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; by Presidential Decree No. 28215, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 25695, Nov. 4, 2014]
| Article 57 (Medical Treatment for the Injured) |
| (1) | Where an auxiliary police officer intends to receive medical treatment pursuant to Article 8 (2) of the Act, he shall submit to either of the following persons, an application for medical treatment specified in attached Form No. 5, accompanied by a written confirmation of injury (disease) specified in attached Form No. 6: Provided, That an application for medical treatment of a minor injury (disease) may be filed directly with the head of a medical facility where he intends to receive treatment: <Amended by Presidential Decree No. 26659, Nov. 20, 2015> |
| 1. | Where he intends to use a national medical facility: Head of a central government agency in charge of managing the relevant medical facility; |
| 2. | Where he intends to use a medical facility of a local government: Head of a local government in charge of managing the relevant medical facility. |
| (2) | Upon receipt of an application for medical treatment under paragraph (1), the head of a central government agency or local government shall designate a medical facility without delay and notify it to the relevant applicant in attached Form No. 7. <Amended by Presidential Decree No. 26353, Jun. 30, 2015> |
| (3) | Notwithstanding paragraph (1), an auxiliary police officer who sustains an injury in the line of duty may receive first aid at a military medical facility. <Amended by Presidential Decree No. 26659, Nov. 20, 2015> |
| (4) | Expenses incurred in medical treatment shall be borne by the State or the relevant local government: Provided, That where the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard intends to have an auxiliary police officer treated at a national medical facility other than the National Police Hospital, he or she shall consult, in advance, with the competent Minister on the number of patients to be treated, the budget formulated for medical fees, and other necessary matters. <Amended by Presidential Decree No. 13435, Jul. 30, 1991; Presidential Decree No. 15136, Aug. 8, 1996; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26353, Jun. 30, 2015; Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 28215, Jul. 26, 2017> |
[Title Amended by Presidential Decree No. 26659, Nov. 20, 2015]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
| Article 58 (Provisions Applicable Mutatis Mutandis) |
| (1) | Except as otherwise provided for in this Decree, the following respective relevant statutes and regulations shall apply mutatis mutandis to appointment, remuneration, travel expenses, service, compensation, and disciplinary actions: <Amended by Presidential Decree No. 11217, Aug. 31, 1983; Presidential Decree No. 13435, Jul. 30, 1991; Presidential Decree No. 15680, Feb. 24, 1998; Presidential Decree No. 18860, Jun. 13, 2005; Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 27703, Dec. 30, 2016> |
| 1. | Articles 4, 6, 33, 34, and 44 through 46 of the Decree on the Appointment of Police Officials; |
| 2. | Police Officials Service Regulations; |
| 3. | Decree on Disciplinary Action against Police Officials; |
| 4. | Regulations on Travel Expenses for Public Officials. |
| (2) | Articles 2 (1), 3, 4, 6 through 12, 14, and 15 of the Regulations on Appellate Procedures, shall apply mutatis mutandis to the appellate procedures for auxiliary police officers. <Amended by Presidential Decree No. 26659, Nov. 20, 2015> |
| Article 59 (Consultation on Enlistment Plans) |
The Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard shall consult with the Minister of National Defense on the number of persons to be enlisted the following year, from among persons to be appointed as auxiliary police officers under Article 2-3 (1) of the Act, and persons who are to serve in auxiliary police companies under Article 2-3 (2) of the Act, and on the scheduled dates of enlistment. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 28215, Jul. 26, 2017> [This Article Wholly Amended by Presidential Decree No. 24249, Dec. 24, 2012]
| Article 60 (Fixed Number of Members of Auxiliary Police Company) |
The fixed number of members of an auxiliary police company shall be determined by the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard within the budget, but any increase in members in excess of the fixed number, if it is intended, shall be determined through consultation with the Minister of National Defense. <Amended by Presidential Decree No. 13435, Jul. 30, 1991; Presidential Decree No. 15136, Aug. 8, 1996; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 28215, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 11217, Aug. 31, 1983]
| Article 61 (Procedures for Complaints) |
| (1) | A commander referred to in Article 11 (3) of the Act means the commanding officer of an auxiliary police company and the head (including the head of the competent division) of the other police agency to which auxiliary police officers are posted. <Amended by Presidential Decree No. 26659, Nov. 20, 2015> |
| (2) | Where a commander intends to file a complaint against an auxiliary police officer under his or her jurisdiction, who has violated Article 9 or 10 of the Act, pursuant to Article 11 (2) of the Act, he or she shall submit a written complaint specified in attached Form No. 8 to the competent police station. <Amended by Presidential Decree No. 26659, Nov. 20, 2015> |
| (3) | No complaint referred to in paragraph (2) shall be withdrawn. |
| (4) | Where a commander other than the head of a competent agency, etc. has filed a complaint against an auxiliary police officer pursuant to paragraph (2), he or she shall report, without delay, such fact to the head of the competent agency, etc. to which the auxiliary police officer belongs. <Amended by Presidential Decree No. 26659, Nov. 20, 2015> |
| (5) | Where a person violates Article 9 or 10 of the Act, the relevant commander shall take care in determining whether to file a complaint against him, taking into comprehensive consideration his motive for violation, the degree of his penitence, his basic character and conduct, work performance, etc.: Provided, That a complaint shall be filed, if a person violates the proviso of Article 9 (1), 9 (2), or (5) of the Act, Article 10 (2), (6) or (7) of the Act, or Articles 129 through 133 of the Criminal Act. |
[This Article Wholly Amended by Presidential Decree No. 24249, Dec. 24, 2012]
| Article 61-2 (Management of Sensitive Information and Personally Identifiable Information) |
The Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard (including persons delegated with his or her authority pursuant to Article 4 (1)) may manage information on health referred to in Article 23 of the Personal Information Protection Act and data which includes resident identification numbers referred to in subparagraph 1 of Article 19 of the Enforcement Decree of the same Act or driver’s license numbers referred to in subparagraph 3 of Article 19 of the same Enforcement Decree, if it is inevitable to perform the following affairs: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26353, Jun. 30, 2015; Presidential Decree No. 26659, Nov. 20, 2015; Presidential Decree No. 28215, Jul. 26, 2017> | 1. | Affairs concerning personnel management, including appointment of auxiliary police officers, under the Act and this Decree; |
| 2. | Affairs concerning compensation, including payment of benefits, under the Act and this Decree; |
| 3. | Affairs concerning medical treatment for the injured, etc. referred to in Article 57. |
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
| Article 62 (Enforcement Regulations) |
Matters necessary for the enforcement of this Decree shall be determined by the Commissioner General of the Korean National Police Agency or the Commissioner of the Korea Coast Guard. <Amended by Presidential Decree No. 13435, Jul. 30, 1991; Presidential Decree No. 15136, Aug. 8, 1996; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 11983, Oct. 25, 1986]
ADDENDA
| (1) | (Enforcement Date) This Decree shall enter into force 30 days after the date of its promulgation. |
| (2) | (Transitional Measures concerning Ranks) Riot police constables of salary grades 1, 2, 3, and 4, respectively, as at the time this Decree enters into force, shall be deemed promoted to police sergeants, police corporals, private police officers, and private first class police officers, respectively, on the dates their respective salary grades are raised thereto. |
ADDENDA <Presidential Decree No. 8340, Dec. 31, 1976>
| (1) | (Enforcement Date) This Decree shall enter into force 20 days after the date of its promulgation. |
| (2) | (Transitional Measures concerning Ranks) Riot police constables who are private first class police officers, those who are private police officers, and persons appointed as police sergeants after having completed all the courses of an army non-commissioned officer academy, as at the time this Decree enters into force, shall be deemed appointed as private police officers, private first class police officers, and special police officers, respectively, on the dates they are appointed to their respective ranks. |
| (3) | (Transitional Measures concerning Remuneration) Persons who are riot police constables at the time this Decree enters into force and whose salaries have reduced due to an altered classification of ranks shall be paid salaries in the same manner as previously paid, notwithstanding Article 46 (1). |
ADDENDUM <Presidential Decree No. 8891, Mar. 18, 1978>
This Decree shall enter into force on April 1, 1978.
ADDENDUM <Presidential Decree No. 9531, Jul. 13, 1979>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 9654, Nov. 8, 1979>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 10458, Sep. 5, 1981>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) The previous provisions shall apply to the calculation of a release period for a person subject to a disposition for detention in a guardhouse and for whom the execution of such disciplinary action has been completed or pending, as at the time this Decree enters into force. |
ADDENDUM <Presidential Decree No. 10770, Mar. 23, 1982>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 10956, Dec. 20, 1982>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 11217, Aug. 31, 1983>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Service Period) The amended provisions of Article 11 (2) concerning the service periods of auxiliary police officers shall begin to apply from the first persons who enlisted after January 1, 1983. |
| (3) | (Transitional Measures concerning Promotion) In applying the amended provisions of Article 14 (4), a person appointed before this Decree enters into force shall be deemed promoted to a private first class police officer on the first day of the fifth month after the enlistment date. |
ADDENDA <Presidential Decree No. 11511, Sep. 22, 1984>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 11983, Oct. 25, 1986>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 12184, Jun. 25, 1987>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Personnel Management of Person Who Has Deserted His Post) A person who has deserted his post and has not returned as at the time this Decree enters into force shall be managed under the amended provisions of Article 23-2 (1). |
ADDENDA <Presidential Decree No. 12262, Oct. 26, 1987>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 1, 1987.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 12343, Dec. 31, 1987>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 12453, May 13, 1988>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 12555, Dec. 19, 1988>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) Any Form completed and used pursuant to the previous provisions before this Decree enters into force, shall remain in use, but no column deleted pursuant to this Decree shall be filled out. |
ADDENDA <Presidential Decree No. 12992, Apr. 30, 1990>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 13435, Jul. 30, 1991>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 1991.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 14038, Dec. 31, 1993>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 14397, Oct. 6, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Presidential Decree No. 14438, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 15136, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 15380, May 27, 1997>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 15486, Sep. 30, 1997>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 15680, Feb. 24, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 16149, Mar. 3, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 16231, Apr. 9, 1999>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Occurrence of Grounds for Paying Benefits) The previous provisions shall apply to the payment of benefits to persons for whom grounds for paying death benefits have arisen before this Decree enters into force. |
ADDENDA <Presidential Decree No. 16326, May 24, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 16881, Jul. 1, 2000>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 17158, Mar. 27, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 27, 2001.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 17361, Sep. 15, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 18860, Jun. 13, 2005>
This Decree shall enter into force on July 1, 2005.
ADDENDUM <Presidential Decree No. 19507, Jun. 12, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19563, Jun. 29, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 20284, Sep. 20, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 20692, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21842, Nov. 23, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010: Provided, That ㆍㆍㆍ (Omitted.)ㆍㆍㆍ the amended provisions of Article 2 of the Addenda shall enter into force on November 25, 2009.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21867, Dec. 7, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2009. (Proviso Omitted.)
Articles 2 through 9 Omitted.
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.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
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.
ADDENDA <Presidential Decree No. 24249, Dec. 24, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2013.
Article 2 (Applicability to Selection of Persons to be Appointed as Auxiliary Police Officers)
The amended provisions of Article 5 (1) shall begin to apply from the first persons who take selection examinations for auxiliary police officers after this Decree enters into force. Article 3 (Applicability to Restrictions on Promotion)
The amended provisions of Article 15 (2) 1 shall begin to apply from the first person convicted after this Decree enters into force. Article 4 (Special Cases concerning Minimum Service Periods for Promotion)
Notwithstanding the amended provisions of Article 14 (2), the minium service periods for promotion for riot police constables who enlisted before September 1, 2012 shall be any of the following, as relevant: | 1. | Minimum service periods for promotion for riot police constables who enlisted before August 1, 2012: |
| (a) | Promotion to police sergeant: Seven months as a police corporal; |
| (b) | Promotion to police corporal: Six months as a private first class police officer; |
| (c) | Promotion to private first class police officer: Five months from the enlistment date; |
| 2. | Minimum service periods for promotion for riot police constables who enlisted between August 2 and September 1, 2012: |
| (a) | Promotion to police sergeant: Seven months as a police corporal; |
| (b) | Promotion to police corporal: Six months as a private first class police officer; |
| (c) | Promotion to private first class police officer: Four months from the enlistment date. |
ADDENDA <Presidential Decree No. 24419, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24831, Nov. 5, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25695, Nov. 4, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Payment of Disability Benefits)
The payment of disability benefits under the amended provisions of Article 50 shall begin to apply from the first person for whom a cause arises to pay disability benefits after July 1, 2013. Article 3 (Transitional Measures concerning Establishment of Police Sports Corps)
A police sports corps established and operated under the jurisdiction of the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard, as at the time this Decree enters into force shall be deemed a police sports corps established under the amended provisions of Article 3-2.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That amendments to Decrees already promulgated before this Decree enters into force but the respective dates on which they are to enter into force have yet to arrive, from among Decrees amended pursuant to Article 5 of the Addenda, shall enter into force on the respective enforcement dates of the relevant Decrees.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26353, Jun. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Criteria for Body and Physique for Selection Examinations for Auxiliary Police Officers)
The amended provisions of attached Table 1 shall begin to apply from the first physical examination conducted after this Decree enters into force.
ADDENDA <Presidential Decree No. 26659, Nov. 20, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016: Provided, That the amended provisions of Articles 5 (2) and (3), 5-2, and 7, and attached Table 1 shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Selection Examinations for Auxiliary Police Officers)
The previous provisions shall apply to a selection examination for auxiliary police officers which is underway at the time of the enforcement date under the proviso of Article 1 of the Addenda, notwithstanding the amended provisions of Articles 5, 5-2, and 7, and attached Table 1. Articles 3 and 4 Omitted.
ADDENDA <Presidential Decree No. 27620, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 30, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27703, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
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.
ADDENDA <Presidential Decree No. 28760, Mar. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 29194, Sep. 28, 2018>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted)
ADDENDA <Presidential Decree No. 29486, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Re-Review by Central Review Committee on Casualties)
The amended provisions of Article 36-4 (1) shall begin to apply from a written decision notified after the completion of review by a common review committee on casualties after this Decree enters into force. Article 3 (Transitional Measures concerning Case Pending in Previous Review Committee on Casualties in Action or in the Line of Duty)
A case pending in a review committee on casualties in action or in the line of duty under the previous Article 36-2 as at the time this Decree enters into force shall be construed as a case pending in a common review committee on casualties under the amended provisions of Article 36-2 (1).