ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON HEALTH, SAFETY, AND WELFARE OF POLICE OFFICIALS
Presidential Decree No. 24050, Aug. 22, 2012
Amended by Presidential Decree No. 24340, Jan. 28, 2013
Presidential Decree No. 24419, Mar. 23, 2013
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 28215, Jul. 26, 2017
Presidential Decree No. 28815, Apr. 24, 2018
Presidential Decree No. 29180, Sep. 18, 2018
Presidential Decree No. 29181, Sep. 18, 2018
| Article 2 (Procedure, etc. for Formulating Master Plans, etc. for Improvement of Health, Safety and Welfare of Police Officials) |
| (1) | The Commissioner General of the Korean National Police Agency and the Commander of the Korea Coast Guard shall prepare a master plan to improve health, safety and welfare of police officials (hereinafter referred to as "master plan") under Article 5 (1) of the Framework Act on Health, Safety, and Welfare of Police Officials (hereinafter referred to as the "Act") by June 30 of the year preceding the year of implementation of the master plan, and shall obtain approval therefor from the President by November 30 of the same year, after consultation with the heads of related central administrative agencies. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (2) | The Commissioner General of the Korean National Police Agency and the Commander of the Korea Coast Guard shall formulate an annual implementation plan under Article 5 (4) of the Act (hereinafter referred to as "implementation plan") by December 31 of the year preceding the year of implementation of the implementation plan. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (3) | The Commissioner General of the Korean National Police Agency and the Commander of the Korea Coast Guard may request the heads of central administrative agencies, other related institutions or organizations to submit necessary materials for the formulation, implementation, etc. of master plans or implementation plans. In such cases, the heads of the central administrative agencies, other relevant agencies and organizations shall comply with such request, except in extenuating circumstances. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| Article 3 (Survey on Current Status of Health, Safety and Welfare of Police Officials) |
| (1) | The Commissioner General of the Korean National Police Agency and the Commander of the Korea Coast Guard shall conduct a survey on the current status of health, safety, and welfare of police officials under Article 6 (1) of the Act (hereinafter referred to as "regular survey") by March 31 of the year preceding the year of implementation of the relevant master plan. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (2) | A regular survey shall include the following: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| 1. | Economic conditions of police officials, such as income, expenditure and assets; |
| 2. | Family relations of police officials, such as their marital status, childbirth, child rearing, support and family cohabitation types; |
| 3. | The distribution of welfare facilities and sports facilities (hereinafter referred to as "welfare facilities, etc."), the frequency of use thereof, and demand therefor; |
| 4. | The actual state of medical support, such as conditions of medical support institutions for police officials; |
| 5. | Diseases and health of police officials; |
| 6. | Pregnancy, childbirth, child-care, etc. of female police officials; |
| 7. | Housing status of police officials, such as whether they use staff accommodation under Article 9 of the Act and whether they are home owners; |
| 8. | Working conditions of police officials; |
| 9. | Other matters concerning health, safety and welfare of police officials, deemed necessary by the Commissioner General of the Korean National Police Agency and the Commander of the Korea Coast Guard. |
| (3) | When an additional survey is necessary due to matters such as changes in the social environment related to health, safety and welfare of police officials, the Commissioner General of the Korean National Police Agency and the Commander of the Korea Coast Guard may conduct a survey on current status, in addition to regular surveys. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| Article 4 (Composition of Policy Deliberative Committee for Improvement of Health, Safety and Welfare of Police Officials) |
| (1) | The number of members under Article 7 (3) 1 of the Act (hereinafter referred to as "commissioned members") shall not exceed five for police and coast guard, respectively. <Amended by Presidential Decree No. 28815, Apr. 24, 2018> |
| (2) | The related central administrative agencies under Article 7 (3) 2 of the Act shall be the following central administrative agencies: <Amended by Presidential Decree No. 24419, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| 1. | The Ministry of Economy and Finance; |
| 2. | The Ministry of the Interior and Safety; |
| 3. | The Ministry of Health and Welfare; |
| 4. | The Ministry of Gender Equality and Family; |
| 5. | Other central administrative agencies deemed necessary by the Commissioner General of the Korean National Police Agency or the Commander of the Korea Coast Guard in relation to health, safety and welfare of police officials. |
| (3) | The term of office of each commissioned member shall be two years, and may be renewed only once. |
| (4) | The Committee shall have subcommittees for the Korean National Police Agency and the Korea Coast Guard; and each subcommittee consists of members referred to in Article 7 (3) 2 of the Act and members commissioned or appointed for a field under each authority. In such cases, each chairperson of the Committee concurrently serves as a chairperson of a subcommittee of each relevant field. <Newly Inserted by Presidential Decree No. 28815, Apr. 24, 2018> |
| (5) | To deal with the affairs, the Committee shall have two administrative secretaries, each of whom shall be nominated from among public officials of the Korean National Police Agency and the Korea Coast Guard, respectively, and concurrently serve as an administrative secretary of a relevant field subcommittee. <Newly Inserted by Presidential Decree No. 28815, Apr. 24, 2018> |
| Article 5 (Operation of Policy Deliberative Committee for Improvement of Health, Safety and Welfare of Police Officials) |
| (1) | The chairpersons of the Policy Deliberative Committee for Improvement of Health, Safety and Welfare of Police Officials (hereinafter referred to as "chairperson") shall jointly represent the Council and exercise overall control over the affairs of the committee. <Amended by Presidential Decree No. 28815, Apr. 24, 2018> |
| (2) | Where each of the chairperson is unable to perform their duties due to unavoidable reasons, a member designated in advance by the chairpersons, in consultation with each other, shall act on their behalf. <Amended by Presidential Decree No. 28815, Apr. 24, 2018> |
| (3) | The chairpersons shall convene meetings of the committee in consultation and preside over them in rotation. <Amended by Presidential Decree No. 28815, Apr. 24, 2018> |
| (4) | Where the chairpersons intend to call a meeting of the Committee, he/she shall decide the date, venue and agenda items of the meeting and give a notice thereof to each member in writing seven days before the date of the meeting: Provided, That the same shall not apply in case of urgency. |
| (5) | A majority of the members of the Committee, including the chairperson, shall constitute a quorum, and any decision thereof shall require the concurring votes of at least a majority of those present. |
| (6) | If deemed necessary to perform the affairs of the Committee, the Committee may request the heads of related central administrative agencies, research institutes, organizations, etc. to submit materials, opinions, etc., and require relevant public officials or experts to attend its meetings to hear their opinions. |
| (7) | Allowances and travel expenses may be paid to any member, expert, etc. who attends a meeting of the Committee within budgetary limits: Provided, That the same shall not apply to a member who is a public official or to a relevant public official who attends the meeting in direct relation to his/her affairs. |
| (8) | Paragraphs (1) and (2), and (4) through (7) shall apply mutatis mutandis to operation of subcommittees. In such cases, the “Committee” shall be construed as each “subcommittee”, the “chairpersons” as each “chairperson of subcommittee”, and “member” as each “member of subcommittee”. <Newly Inserted by Presidential Decree No. 28815, Apr. 24, 2018> |
| (9) | Except as provided in paragraphs (1) through (8), matters necessary for the operation of the Committee shall be determined by a chairperson after a resolution of the Committee. <Amended by Presidential Decree No. 28815, Apr. 24, 2018> |
| Article 6 (Medical Support) |
| (2) | The items of medical examinations under Article 8 (3) of the Act (hereinafter referred to as "medical examinations") shall be as follows: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| 1. | Examinations necessary for the early detection of heart, cerebrovascular or musculoskeletal diseases resulting from night duty or intensive work for long hours, respiratory diseases resulting from exhaust fumes or gases, and other diseases relating to police activities or environmental factors related thereto; |
| 2. | Other examinations deemed necessary by the Commissioner General of the Korean National Police Agency or the Commander of the Korea Coast Guard to protect and maintain police officials' health. |
| (3) | Police officials subject to medical examinations shall be those who meet the standards determined by the Commissioner General of the Korean National Police Agency and the Commander of the Korea Coast Guard respectively, taking into account the following health risk factors: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| 1. | A cumulative period of night shift work or service on naval vessels; |
| 2. | The frequency of lengthy intensive work for investigations into important crimes, control of massive rallies or demonstrations, security services, etc.; |
| 3. | The frequency of exposure to harmful environments, such as intense cold, intense heat, exhaust fumes, noise, vibration, electromagnetic waves and polluted indoor air; |
| 4. | Other matters deemed harmful to police officials' health by the Commissioner General of the Korean National Police Agency or the Commander of the Korea Coast Guard, such as the type of duties, age and gender. |
| (4) | Medical examinations shall be conducted at least once every two years, and may be conducted from time to time, whenever deemed necessary by the Commissioner General of the Korean National Police Agency or the Commander of the Korea Coast Guard. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (5) | The items of mental health checkups under Article 8 (3) of the Act (hereinafter referred to as "mental health checkups") shall be the examinations deemed necessary by the Commissioner General of the Korean National Police Agency or the Commander of the Korea Coast Guard to protect and maintain police officials' mental health, such as examinations for post-traumatic stress disorder. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (6) | Mental health checkups shall be conducted for police officials suspected of having a mental condition, such as post-traumatic stress disorder. In such cases, the Commissioner General of the Korean National Police Agency or the Commander of the Korea Coast Guard may entrust diagnosis of mental health conditions of police officials to a private institution specializing in psychological counselling, if necessary in order to determine persons subject to mental health checkups. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (7) | If treatment is found to be necessary following medical examinations and mental health checkups, the Commissioner General of the Korean National Police Agency or the Commander of the Korea Coast Guard shall take measures to enable a relevant police official to receive medical treatment immediately. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (8) | Except as expressly provided for in paragraphs (1) through (7), matters necessary for medical support for police officials shall be determined by the Commissioner General of the Korean National Police Agency or the Commander of the Korea Coast Guard. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| Article 7 (Criteria, etc. for Selecting Persons Eligible as Tenants of Staff Accommodation) |
Persons eligible as tenants of staff accommodation shall be selected through comprehensive evaluation of the following matters pursuant to Article 9 (2) of the Act: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> | 1. | The number of the family members of police officials who will live together in staff accommodation; |
| 2. | The distance from their hometown; |
| 3. | The period of work at a place of work away from their hometown; |
| 5. | The period without home ownership; |
| 6. | Whether they support a person with disabilities or a person who is 65 years of age or older; |
| 7. | The nature of duties, such as preparing for a state of emergency or for an urgent and important security situation; |
| 8. | Peculiarities of a service region, such as islands and remote places; |
| 9. | Other matters deemed necessary by the Commissioner General of the Korean National Police Agency or the Commander of the Korea Coast Guard. |
| (2) | The Commissioner General of the Korean National Police Agency and the Commander of the Korea Coast Guard may establish and operate an operating committee for staff accommodation in police offices or stations of various levels (including coast guard agencies; hereinafter the same shall apply) in order to select persons eligible as tenants of staff accommodation under paragraph (1). <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (3) | Matters necessary for the detailed criteria for selecting persons eligible as tenants of staff accommodation under paragraph (1) and for the establishment, operation, etc. of the operating committee for staff accommodation under paragraph (2) shall be determined by the Commissioner General of the Korean National Police Agency and the Commander of the Korea Coast Guard respectively. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| Article 8 (Operation of Welfare Facilities, etc.) |
| (1) | In any of the following cases, the Commissioner General of the Korean National Police Agency and the Commander of the Korea Coast Guard may outsource the operation of welfare facilities to a private company pursuant to Article 10 (3) of the Act: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| 1. | Where it conserves funds for the operation of welfare facilities, etc.; |
| 2. | Where it enhances convenience for users of welfare facilities, etc.; |
| 3. | Other cases deemed efficient, by the Commissioner General of the Korean National Police Agency or the Commander of the Korea Coast Guard, to entrust the operation of welfare facilities, etc. to a private company. |
| (2) | The Commissioner General of the Korean National Police Agency and the Commander of the Korea Coast Guard shall designate a public official in charge of welfare at the relevant police office or station as a person in charge of managing the welfare facilities, etc. under his/her jurisdiction. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| Article 9 (Support for Retired Police Officials for Employment, etc.) |
The Commissioner General of the Korean National Police Agency and the Commander of the Korea Coast Guard may directly provide support for employment, education for adaptation to society, vocational education and training and support for starting up a new business under Article 11 (1) through (3) of the Act, or entrust such affairs to the head of another central administrative agency or a specialized institution. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017>
| Article 10 (Management of Personally Identifiable Information) |
If it is inevitable to perform affairs relating to provision of support for retired police officials for employment, etc. under Article 11 of the Act, the Commissioner General of the Korean National Police Agency and the Commander of the Korea Coast Guard may manage materials containing resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017>
| Article 11 (Support for Public Official Injured in Line of Duty While under Danger) |
| (2) | The compensation shall be paid for the period during which a police official is absent from work to receive medical care due to an injury or disease caused in the line of duty under Article 22 (1) of the Public Officials' Accident Compensation Act (hereinafter referred to as “medical care due to official duties”) within the scope not exceeding 36 months. <Amended by Presidential Decree No. 29180, Sep. 18, 2018> |
| (3) | The methods for calculation of the amount of compensation shall be specified as the attached Table. |
| (4) | A police official injured in the line of duty while under danger or the bereaved family who intends to get paid compensation shall file an application for compensation referred to in the attached Form by attaching the following documents with the head of the competent police agency or coast guard station within six months from the date he/she returns to work (referring to the date of death or retirement when the police official dies or retires during the medical care due to official duties): |
| 1. | A copy of approval decision for medical care due to official duties; |
| 2. | A certificate of admission to and release from hospital; |
| 3. | A copy of an employee attendance record. |
[This Article Newly Inserted by Presidential Decree No. 28815, Apr. 24, 2018]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on August 23, 2012.
Article 2 (Applicability to Formulation of Master Plans and Implementation Plans and to Regular Surveys)
The Commissioner General of the Korean National Police Agency and the Commissioner General of the Korea Coast Guard shall formulate a master plan and an implementation plan pursuant to Article 2, considering 2014 as the year of implementation of the first master plan to be formulated, and shall conduct a regular survey pursuant to Article 3. Article 3 (Special Cases concerning Formulation of Plan for Improvement of Health, Safety and Welfare of Police Officials for 2013)
| (1) | Notwithstanding Article 2, the Commissioner General of the Korean National Police Agency and the Commissioner General of the Korea Coast Guard may formulate and implement a plan to improve health, safety and welfare of police officials for 2013 without distinguishing a master plan from an implementation plan. |
| (2) | If it is necessary for the formulation of the plan to improve health, safety and welfare of police officials for 2013 under paragraph (1), the Commissioner General of the Korean National Police Agency and the Commissioner General of the Korea Coast Guard may conduct a survey on current status, in addition to the regular survey under Article 3 (3), and reflect the outcomes in the plan to improve health, safety and welfare of police officials for 2013. |
| (3) | Where the Commissioner General of the Korean National Police Agency and the Commissioner General of the Korea Coast Guard formulate the plan to improve health, safety and welfare of police officials for 2013 pursuant to paragraph (1), they shall ensure that the plan provides for the matters set forth in each subparagraph of Article 5 (3) of the Act. |
ADDENDA <Presidential Decree No. 24340, Jan. 28, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 2, 2013.
Articles 2 and 3 Omitted.
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. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the provisions amending any Presidential Decree, among the Presidential Decrees amended pursuant to Article 5 of the Addenda, which is promulgated before this Decree enters into force but the enforcement date of which has yet to come, shall enter into force on the date such Presidential Decree enters into force.
Articles 2 through 5 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. 28815, Apr. 24, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 25, 2018.
Article 2 (Applicability to Payment of Special Compensation)
The amended provisions of Article 11 shall begin to apply to a police official injured in line of duty while under danger who is getting medical care as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 29180, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2018.
Articles 2 through 19 Omitted.
ADDENDA <Presidential Decree No. 29181, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2018.
Articles 2 through 25 Omitted.