CHAPTER I GENERAL PROVISIONS
[This Article Wholly Amended on Jun. 20, 2008]
| Article 2 (Treatment of Protected Juveniles) |
The director of a juvenile reformatory may, as referred to in Article 2 (2) of the Act on the Treatment of Protected Juveniles (hereinafter referred to as the "Act"), render to protected juveniles improved treatment falling under any of the following subparagraphs within the scope of not interfering with educational activities: <Amended on Apr. 20, 2021> | 1. | To use a living room, equipment and other installations that have been specially prepared; |
| 2. | To grant opportunities for observation of, visit to, and outings to social and cultural facilities, etc. |
[This Article Wholly Amended on Jun. 20, 2008]
[Moved from Article 5; previous Article 2 moved to Article 3 <Apr. 20, 2021>]
| Article 3 (Classification and Operation of Juvenile Reformatories by Function) |
| (1) | Juvenile reformatories shall be classified as follows, pursuant to Article 5 of the Act: <Amended on Apr. 20, 2021> |
| 1. | Juvenile reformatories of elementary and secondary education: Juvenile reformatories to admit and educate juveniles requiring elementary and secondary education referred to in the Elementary and Secondary Education Act; |
| 3. | Juvenile reformatories of medical and rehabilitation education: Juvenile reformatories to admit and educate juveniles requiring intensive treatment or special education due to misuse or abuse of drugs, retarded mental or intellectual development, physical diseases, etc.; |
| 4. | Juvenile reformatories of personality education: Juvenile reformatories to admit and educate juveniles requiring intensive personality education, including refinement of their status of emotion and behavior correction. |
| (2) | Detailed classification of and operational criteria for juvenile reformatories referred to in paragraph (1) shall be prescribed by the Minister of Justice. |
[This Article Wholly Amended on Jun. 20, 2008]
[Moved from Article 2; previous Article 3 Deleted]
| Article 4 Deleted. <Jun. 20, 2008> |
[Previous Article 5 moved to Article 2 <Apr. 20, 2021>]
| Article 5-2 (Maximum Number of Persons Admitted to Living Quarters) |
The maximum number of persons admitted to each of the living quarters installed in juvenile reformatories or Juvenile Classification Review Boards (hereinafter referred to as "juvenile reformatories, etc.") pursuant to Article 6 (2) of the Act shall not exceed four: Provided, That the maximum number of admitted persons may be increased in consideration of the functions, locations, or other circumstances of juvenile reformatories, etc. <Amended on Apr. 20, 2021> [This Article Newly Inserted on Sep. 5, 2016]
CHAPTER II ADMITTANCE AND PROTECTION
| Article 6 (Acceptance of Protected Juveniles) |
| (1) | When the director of a juvenile reformatory or the head of a Juvenile Classification Review Board (hereinafter referred to as the "Director") newly admits protected, committed or detained protected juveniles, etc. pursuant to Article 7 or 12 of the Act, he or she shall admit them after confirming their identity through a written decision of the Juvenile Department of the Court, a written permit for transfer of the Minister of Justice or a written permit for detention of a district court judge, and shall issue an acceptance letter to the transferring institution. <Amended on Jan. 28, 2014; Apr. 20, 2021> |
| (2) | When the head of a probation office transfers a detained juvenile to the Director, he or she shall submit a copy of the written permit for detention which has been confirmed after being compared with the original. <Newly Inserted on Jan. 28, 2014> |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 7 Deleted. <Jun. 20, 2008> |
| Article 8 (Notices of Admittance) |
When giving notice of admittance of protected juveniles, etc. to their guardians or persons designated thereby (hereinafter referred to as "guardians, etc.") as referred to in Article 7 (3) of the Act, the Director shall concurrently give notice of the particulars of admittance, outline of treatments, methods of interview or communications, and other necessary matters. [This Article Wholly Amended on Jun. 20, 2008]
| Article 9 (Classified Treatment) |
| (1) | When the Director provides classified treatment pursuant to Article 8 (1) of the Act, he or she shall take into account the result of classification review and the documents sent from the juvenile division of a court. <Amended on Sep. 5, 2016> |
| (2) | When the Director admits protected juveniles, etc. separately pursuant to Article 8 (2) of the Act, he or she may assign them separate living quarters, as prescribed by Ordinance of the Ministry of Justice, taking into account the relevant delinquencies, accomplice relations, treatment process, etc. <Amended on Sep. 5, 2016> |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 10 (Formulation of Individual Treatment Plans) |
| (1) | The director of each juvenile reformatory shall formulate individual treatment plans for the protected juveniles subject to classified treatment referred to in Article 9, following review by a Committee for Treatment of and Disciplinary Action against Protected Juveniles, etc. (hereinafter referred to as "Treatment and Disciplinary Action Committee") under Article 15-2 of the Act. <Amended on Apr. 20, 2021> |
| (2) | Directions of individual education and treatment shall be presented in the individual treatment plans referred to in paragraph (1), such as elementary and secondary education, training for development of workplace skills, medical treatment or rehabilitation, and personality education. In such cases, the opinions of protected juveniles or their guardians, etc. shall be taken into consideration. <Amended on Apr. 20, 2021> |
| (3) | With regard to individual treatment plans formulated under paragraphs (1) and (2), details thereof shall be notified to protected juveniles and their guardians, etc. to the extent not interfering with correctional educations, so that such protected juveniles may spontaneously take part in education and endeavor to make their own improvements. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 11 (Revision of Individual Treatment Plans) |
When it is necessary to revise any individual treatment plan for a protected juvenile formulated under Article 10 (1), the director of a juvenile reformatory shall, without delay, revise such plan, following review by a Treatment and Disciplinary Action Committee. <Amended on Apr. 20, 2021> [This Article Wholly Amended on Jun. 20, 2008]
| Article 12 (Notification of Persons Subject to Cancellation of Protective Disposition) |
When a protected juvenile, etc. is found to have been at the age of less than 10 years (or 12 years of age in cases of a disposition provided for in Article 32 (1) 10 of the Juvenile Act) or at least 19 years as at the time the juvenile division of a court make a protective disposition, the Director shall notify the fact without delay to the juvenile division of the court which rendered a decision on such protective disposition. [This Article Wholly Amended on Sep. 5, 2016]
SECTION 2 Petition and Transfer
| Article 13 (Offering Convenience to Petition) |
| (1) | When the Director has received a petition under Article 11 of the Act, he or she shall promptly forward it to the Minister of Justice. |
| (2) | The Director shall offer convenience for petitions, such as posting a notice stating that a petition may be filed under Article 11 of the Act at a readily visible place. |
| (3) | The Director shall not intercept any petition of protected juveniles, etc., or make any disadvantageous treatment on account of having filed a petition. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 14 (Transfers for Adjustment of Number of Admitted Persons) |
When the Minister of Justice deems it necessary to adjust the number of admitted persons for the purpose of classified admittance or education and training, he or she may instruct the director of a juvenile reformatory to transfer protected juveniles to another juvenile reformatory.
[This Article Wholly Amended on Jun. 20, 2008]
| Article 15 (Petitioned Transfers) |
When a protected juvenile or his or her guardian, etc. has filed a petition for a transfer to another juvenile reformatory, the director of the juvenile reformatory may transfer the protected juvenile to said juvenile reformatory by obtaining permission from the Minister of Justice.
[This Article Wholly Amended on Jun. 20, 2008]
| Article 16 (Restriction on Transfers) |
| (1) | The director of each juvenile reformatory shall provide a medical examination of a protected juvenile to be transferred, and when his or her heath conditions are found to be unsuitable for any educational activities at the juvenile reformatory whereto he or she is to be transferred, the director shall suspend such transfer. |
| (2) | The director of a juvenile reformatory shall not transfer protected juveniles falling under any of the following subparagraphs to another juvenile reformatory: <Amended on Jan. 5, 2021; Apr. 20, 2021> |
| 1. | Persons determined to be inadequate for a transfer, who are hospitalized in an outside medical institution or commuting for medical treatments; |
| 3. | Persons under disciplinary measures. |
| (3) | Notwithstanding the provisions of paragraph (2), when any reason exists specially requiring for treatment, the director of a juvenile reformatory may transfer protected juveniles to another juvenile reformatory, after deliberation by a Treatment and Disciplinary Action Committee and obtaining permission from the Minister of Justice. <Amended on Apr. 20, 2021> |
[This Article Wholly Amended on Jun. 20, 2008]
SECTION 3 Prevention of Accident
| Article 17 (Preparation against Emergencies) |
The Director shall furnish a shelter facility in a juvenile reformatory, etc. to prepare for any emergency referred to in Article 13 of the Act. <Amended on Apr. 20, 2021> [This Article Wholly Amended on Jun. 20, 2008]
| Article 17-2 (Goods subject to Prohibition of Possession) |
No protected juvenile, etc. shall possess any of the following goods:
| 1. | Dangerous weapons, firearms, explosives, toxic chemicals, and other goods likely to hinder the safety of facilities or disturb order; |
| 2. | Alcoholic drinks, tobacco, cash, checks, obscene materials, goods used for speculative activities, and other goods likely to obstruct correctional education for protected juveniles, etc. or their sound return to society. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 17-3 (Examination of Body, etc.) |
| (1) | The Director may examine the body, clothing, personal effects and living space of a protected juvenile, etc., if deemed necessary to maintain the safety of facilities and order. |
| (2) | Where the Director examines the body of a protected juvenile, etc., he or she shall be careful not to make the protected juvenile, etc. feel pain or shame unnecessarily; and if the Director needs to examine his or her body closely, the Director shall do so in a blocked space so that other protected juveniles, etc. cannot see him or her. <Amended on Apr. 20, 2021> |
| (3) | Where the Director examines the body, clothing and personal effects of a female protected juvenile, etc., he or she shall require a female public official under his or her management to examine them. |
| (4) | Where the Director discovers goods subject to prohibition of possession referred to in Article 17-2 (hereinafter referred to as "prohibited goods") as a result of examination under paragraph (1), he or she shall inform the relevant protected juvenile, etc. of this fact and discard such goods. |
| (5) | Notwithstanding paragraph (4), goods unsuitable to be discarded may be kept in a juvenile reformatory, etc. or delivered to the guardian of the protected juvenile, etc. In such cases, Article 22 of the Act shall apply to disposal of the retained goods. <Amended on Apr. 20, 2021> |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 18 (Control of Access by Visitors) |
| (1) | The Director may check the purpose of access and the identity of any visitor gaining access to a juvenile reformatory, etc., and when deemed necessary to maintain safety of the facilities and order, he or she may inspect the visitor's clothing and personal effects. <Amended on Jan. 28, 2014> |
| (2) | Where the visitor is found to possess prohibited goods as a result of inspection under paragraph (1), the Director shall require him or her to keep such goods in the juvenile reformatory, etc., and where the visitor refuses to comply with such request, the Director may prohibit his or her access thereto. <Newly Inserted on Jan. 28, 2014> |
| (3) | Where the Director inspects a female visitor's clothing and personal effects, he or she shall require a female public official under his or her management to inspect them. <Newly Inserted on Jan. 28, 2014> |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 19 (Admittance to Space for Physical and Mental Stability) |
| (1) | Where a protected juvenile, etc. falls under any of the following cases, the Director may admit him or her into a space for physical and mental stability (referring to a living space equipped with facilities for preventing suicide and self-injury; hereinafter the same shall apply), considering the doctor's opinions: <Amended on Sep. 5, 2016> |
| 1. | Where he or she is likely to kill or hurt himself/herself; |
| 2. | Where he or she requires special care due to a physical or mental disease, pregnancy, childbirth (including abortion and stillbirth), etc.; |
| 3. | Where he or she destroys or tries to destroy equipment, furniture, etc.; |
| 4. | Where he or she continues to commit disorderly conduct despite deterrence by an official in charge, thereby hindering the peaceful life of other protected juveniles, etc. |
| (2) | The period of admittance to a space for physical and mental stability under paragraph (1) 1 and 2 shall be up to 15 days: Provided, That the Director may extend such period by up to seven days only on one occasion, considering the doctor's opinions, if continued admittance is especially necessary. |
| (3) | The period of admittance to a space for physical and mental stability under paragraph (1) 3 and 4 shall be up to 24 hours: Provided, That the Director may extend such period by up to 12 hours only on one occasion, considering the doctor's opinions, if continued admittance is especially necessary. |
| (4) | Where the Director admits a protected juvenile, etc. into a space for physical and mental stability or extends the period of admittance, he or she shall inform the protected juvenile, etc. himself/herself of the reason therefor. |
| (5) | The Director shall require a doctor or nurse to frequently check health conditions of the protected juvenile, etc. admitted into a space for physical and mental stability. |
| (6) | Where the reason for admitting the protected juvenile, etc. into a space for physical and mental stability ceases to exist, the Director shall immediately discontinue admittance to such space. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 20 (Reports on Occurrence of Accidents) |
| (1) | Where a death, escape or riot of a protected juvenile, etc., and other serious accidents have occurred, the Director shall promptly file a report thereon with the Minister of Justice. |
| (2) | When a committed juvenile who is under investigation and trial, or a protected juvenile under appellate trial has died or escaped, or when a protected juvenile, etc. who escaped has been readmitted, the Director shall promptly notify the court thereof, where a case is pending. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 21 (Inspection of Corpses) |
When a protected juvenile, etc. has died, the Director shall promptly take necessary measures under the direction of the public prosecutor, such as the inspection of the corpse, etc.
[This Article Wholly Amended on Jun. 20, 2008]
| Article 22 (Death Notices and Delivery of Corpses) |
When a protected juvenile, etc. has died, the Director shall promptly give notice of the name of the disease, cause of death and date and time of death to his or her guardians, etc., and deliver the corpse under the direction of the public prosecutor.
[This Article Wholly Amended on Jun. 20, 2008]
| Article 23 (Temporary Burial of Corpses) |
When it is impracticable to deliver a corpse under Article 22 due to the unknown whereabouts of his or her guardians, etc. or other extenuating circumstances, the Director shall bury the corpse temporarily and set up a grave marker at the place of such temporary burial, which indicates the name, birth date, and death date of the dead. <Amended on Dec. 30, 2015; Jan. 5, 2021> [This Article Wholly Amended on Jun. 20, 2008]
SECTION 4 Disciplinary Action and Reward
| Article 23-2 Deleted. <Sep. 5, 2016> |
| Article 24 (Disciplinary Actions) |
| (1) | When the Director takes any disciplinary action against protected juveniles, etc. under Article 15 of the Act, he or she shall consider the following matters: <Amended on Jan. 28, 2014> |
| 1. | Age, intelligence, character and health conditions of the violator; |
| 2. | Motive, means and consequences of the violation; |
| 3. | Correctional education records and living attitudes; |
| 4. | Influences on other persons by the violation of the rules; |
| 5. | Self-surrender, self-reflection and agreement after the violation. |
| (2) | When the Director takes any disciplinary action against a protected juvenile, etc. under paragraph (1), he or she shall determine the severity of disciplinary action based on the evidence, and consider educational effects. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 24-2 (Investigations of Acts subject to Disciplinary Action) |
| (1) | The investigation period for an act of a protected juvenile, etc. subject to disciplinary action (referring to the period from the day on which investigation begins to the day on which investigation is completed and notice is given to a Treatment and Disciplinary Action Committee to hold a meeting; hereinafter the same shall apply) shall be up to seven days: Provided, That the Director may extend such period by up to three days only on one occasion, if deemed especially necessary. <Amended on Apr. 20, 2021> |
| (2) | Where any of the following applies to a protected juvenile, etc., who is suspected, on a reasonable ground, of requiring disciplinary action for violating the rules, the Director may admit him or her separately during the investigation period: |
| 1. | Where he or she is likely to destroy evidence; |
| 2. | Where he or she is likely to cause danger or injury to other protected juveniles, etc. or it is necessary to protect him or her from danger or injury by other protected juveniles, etc. |
| (3) | The period of separate admittance referred to in paragraph (2) shall be included in the period of disciplinary action. |
| (4) | Where it is impracticable to continue an investigation due to a disease of a juvenile subject to investigation or other extenuating circumstances, the Director may temporarily suspend the investigation until the relevant reason ceases to exist. In such cases, the period from the day following the day on which investigation is suspended to the day before the day on which the reason for suspension of investigation ceases to exist shall not be included in the investigation period. |
| (5) | Except as otherwise expressly provided for in paragraphs (1) through (4), the details concerning investigations of acts subject to disciplinary action shall be determined by Ordinance of the Ministry of Justice. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 25 Deleted. <Sep. 5, 2016> |
| Article 26 (Structure of Designated Indoor Area) |
The designated indoor area referred to in Article 15 (1) 7 of the Act shall be appropriate enough to protect the health of protected juveniles, etc. in terms of its size, lighting, ventilation, temperature, humidity, etc. <Amended on Sep. 5, 2016> [This Article Wholly Amended on Jun. 20, 2008]
| Article 27 (Counseling during Disciplinary Action) |
| (1) | When the Director takes any disciplinary action against protected juveniles, etc., he or she shall formulate and implement a plan for their counseling. |
| (2) | The Director shall interview protected juveniles, etc. who are under disciplinary action at least once a week, and provide individual counseling. |
| (3) | When the Director makes any restriction on treatment of protected juveniles, etc. who are under disciplinary action, he or she shall notify the family or friends of the relevant protected juveniles, etc. of such fact. |
| (4) | The Director shall require physicians and nurses to frequently conduct medical examinations of protected juveniles, etc. who are under disciplinary action. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 28 (Disciplinary Action against Violators of Rules during Transfer) |
Where a protected juvenile has violated any rule during his or her transfer, the director of the juvenile reformatory that will take custody of him or her shall take disciplinary action against him or her.
[This Article Wholly Amended on Jun. 20, 2008]
| Article 29 (Restriction on Treatment of Persons under Disciplinary Action) |
The Director may restrict part of the correctional education during a period of disciplinary action for a protected juvenile, etc. who is under disciplinary action under Article 15 of the Act. [This Article Wholly Amended on Jun. 20, 2008]
| Article 30 (Waive, Suspension and Exemption of Execution of Disciplinary Action) |
Where any reason exists for taking circumstances into special consideration or when a protected juvenile is a patient, the Director may exempt him or her from the execution of disciplinary action, or grant an exemption or suspension of the execution of disciplinary action until the ground for such action extinguishes.
[This Article Wholly Amended on Jun. 20, 2008]
| Article 30-2 (Matters to Be Deliberated and Decided on by Treatment and Disciplinary Action Committee) |
A Treatment and Disciplinary Action Committee shall deliberate and decide on the following matters pursuant to Article 15-2 (1) of the Act: | 1. | Formulation of individual treatment plans for protected juveniles (excluding protected juveniles who have been subjected to a disposition referred to in Article 32 (1) 8 of the Juvenile Act); |
| 2. | Matters concerning decisions on improved treatments of protected juveniles; |
| 3. | Matters concerning transferring, outings (limited to where deliberation by a Treatment and Disciplinary Action Committee is deemed necessary by the Director; hereafter in subparagraph 5, the same shall apply), commuting to schools, commuting for work, awards, assessment of graduation, continued admittance, etc.; |
| 4. | Matters concerning release or release on parole of protected juveniles; |
| 5. | Matters concerning treatment of committed or detained juveniles, including outings and awards; |
| 6. | Disciplinary actions against persons subject to disciplinary actions; |
| 7. | Other matters on which the Director requests deliberation from a Treatment and Disciplinary Action Committee as deemed necessary for the treatment of protected juveniles, etc. |
[This Article Newly Inserted on Apr. 20, 2021]
| Article 30-3 (Organization of Treatment and Disciplinary Action Committee) |
| (1) | The chairperson of a Treatment and Disciplinary Action Committee (hereinafter referred to as the "chairperson") shall be the Director. |
| (2) | Members of a Treatment and Disciplinary Action Committee (hereinafter referred to as "members") shall be appointed or commissioned by the chairperson from among the following persons, in consideration of their genders. In such cases, the members of the Treatment and Disciplinary Action Committee established in a medical rehabilitation juvenile reformatory shall include public officials in medical service and public officials in nursing service: |
| 1. | Head of each department and public officials of Grade VI or higher in the relevant juvenile reformatory, etc.; |
| 2. | Persons with extensive knowledge of and experience in juvenile protection. |
| (4) | A member commissioned pursuant to paragraph (2) shall hold office for a term of two years. |
[This Article Newly Inserted on Apr. 20, 2021]
| Article 30-4 (Exclusion of, Challenge to, and Recusal of Members) |
| (1) | Where a member falls under any of the following, he or she shall be excluded from deliberations and resolutions by a Treatment and Disciplinary Action Committee: |
| 1. | Where the member or his or her current or former spouse is the person who is a party to the relevant agenda; |
| 2. | Where the member is or was a relative of a party to the relevant agenda; |
| 3. | Where the member testifies to, makes a statement on, renders advice on, or conducts an appraisal of the relevant agenda; |
| 4. | Where the member or a corporation, organization, etc. to which the member belongs is or was an agent of a party to the relevant agenda. |
| (2) | Where the circumstances indicate that it would be impracticable to expect fair deliberations and resolutions of a member, any party to the relevant agenda may file a request for a challenge to the member with the Treatment and Disciplinary Action Committee, which shall decide whether or not to accept the request following resolution. In such cases, the member subject to such request for challenge shall not participate in the resolution. |
| (3) | Where a member falls under a ground for exclusion under the subparagraphs of paragraph (1) or challenge under the former part of paragraph (2), such member may recuse himself or herself from deliberations and resolutions on the relevant agenda. |
[This Article Newly Inserted on Apr. 20, 2021]
| Article 30-5 (Chairperson of Treatment and Disciplinary Action Committee) |
| (1) | The chairperson shall represent a Treatment and Disciplinary Action Committee and exercise general supervision over the affairs of the Treatment and Disciplinary Action Committee. |
| (2) | Where the chairperson is unable to perform his or her duties due to any unavoidable reason, a member designated beforehand by the chairperson shall act on behalf of the chairperson. |
[This Article Newly Inserted on Apr. 20, 2021]
| Article 30-6 (Meetings of Treatment and Disciplinary Action Committee) |
| (1) | The chairperson shall convene a meeting of a Treatment and Disciplinary Action Committee in any of the following cases: |
| 1. | Where at least two members make a request to convene a meeting; |
| 2. | Other cases deemed necessary by the chairperson. |
| (2) | A majority of the members of the Treatment and Disciplinary Action Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (3) | Allowances, travel expenses, and other necessary expenses may be paid within the budget to members or the relevant experts, etc. who attend a meeting of the Treatment and Disciplinary Action Committee: Provided, That this shall not apply where a public official attends the meeting in direct connection with his or her affairs. |
[This Article Newly Inserted on Apr. 20, 2021]
| Article 30-7 (Dismissal of Members) |
Where a member commissioned pursuant to Article 30-3 (2) falls under any of the following, the chairperson may dismiss the relevant member: | 1. | Where the member becomes unable to perform the duties due to mental or physical disability; |
| 2. | Where the member engages in any misconduct in connection with the duties; |
| 3. | Where the member is deemed unsuitable as a member due to neglect of duty, injury to dignity, or other grounds; |
| 4. | Where the member declares that it is difficult to voluntarily perform the duties. |
[This Article Newly Inserted on Apr. 20, 2021]
| Article 30-8 (Executive Secretary) |
| (1) | A Treatment and Disciplinary Action Committee shall have up to two executive secretaries to handle its administrative affairs. |
| (2) | The chairperson shall appoint executive secretaries from among public officials belonging to the relevant juvenile reformatory, etc. |
[This Article Newly Inserted on Apr. 20, 2021]
| Article 30-9 (Preparation and Keeping of Minutes of Meetings) |
| (1) | An executive secretary shall prepare and keep minutes of meetings of a Treatment and Disciplinary Action Committee. |
| (2) | The chairperson and members present shall sign or seal the minutes referred to in paragraph (1). |
[This Article Newly Inserted on Apr. 20, 2021]
| Article 30-10 (Detailed Guidelines for Operation) |
Except as provided in this Decree, matters necessary for a Treatment and Disciplinary Action Committee shall be determined by the chairperson following resolutions by the Treatment and Disciplinary Action Committee.
[This Article Newly Inserted on Apr. 20, 2021]
| (1) | The Director may grant a certificate of merit, a prize, etc. and other awards to a protected juvenile, etc. who has been selected under Article 16 (1) of the Act. |
| (2) | The Director may grant special treatment falling under each subparagraph of Article 2 to the protected juvenile, etc. who has received an award under paragraph (1). <Amended on Apr. 20, 2021> |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 32 (Special Meals) |
The Director may provide protected juveniles, etc. with special meals on national holidays and other occasions deemed necessary.
[This Article Wholly Amended on Jun. 20, 2008]
| Article 33 (Permission to Carry in Foods, etc.) |
| (1) | The Director may grant permission to carry in food, clothing, school supplies, etc. from guardians or other related persons only when it is deemed harmless to correctional education or hygiene. |
| (2) | The Director shall inspect whether the goods carried in under paragraph (1) are harmful. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 34 (Prohibition of Use of Money) |
Protected juveniles, etc. shall be prohibited from having or directly using money, except for cases specifically permitted by the Director, such as attending schools, commuting to work, etc.
[This Article Wholly Amended on Jun. 20, 2008]
| Article 35 Deleted. <Jan. 28, 2014> |
SECTION 6 Visits, Letters or Outings
| Article 36 (Interview Hours) |
| (1) | No interviews of the protected juveniles, etc. shall exceed 40 minutes once a day on weekdays (including Saturdays (excluding holidays) if deemed necessary by the Director) to the extent not impeding daily routines, including education, etc.: Provided, That the same shall not apply where there is a compelling reason not to do so. <Amended on Jan. 28, 2014; Apr. 20, 2021> |
| (2) | Matters necessary for the places, procedures, etc. for interviews under paragraph (1) shall be stipulated by Ordinance of the Ministry of Justice. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 37 (Presence at Interviews) |
Officers present at an interview under Article 18 (2) of the Act may suspend the interview when they deem that the protected juvenile, etc. violates any rule, or a visitor has a bad influence on the protected juvenile, etc. [This Article Wholly Amended on Jun. 20, 2008]
| Article 38 (Restrictions on Permission for Interviews) |
The Director may choose not to grant permission for an interview if any of the following is deemed applicable to the person who intends to interview a protected juvenile, etc.: <Amended on Jan. 28, 2014; Apr. 20, 2021>
| 1. | Where any reasonable ground exists for suspecting that he or she associates with a delinquent group or belongs to a specific delinquent group; |
| 2. | Where determined that he or she who had been admitted to a juvenile reformatory, etc. together with the protected juvenile, etc., and that any association with him or her may hinder the education of the protected juvenile, etc.; |
| 3. | Where he or she intends to interview the protected juvenile, etc. alone without the presence of the guardian, etc. of the protected juvenile, etc.: Provided, That a person deemed helpful to correctional education, such as school teachers, juvenile protection committee members and volunteers, or a person deemed to have a de facto marriage relationship with the protected juvenile, etc. shall be excluded herefrom; |
| 4. | Where the relationship with the protected juvenile, etc. is unconfirmed, or it is deemed that he or she may hinder the education of protected juveniles, etc. due to drinking, abusive language, violences, etc. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 39 (Restrictions on Correspondence) |
| (1) | Where the Director finds that correspondence falls under any of the following cases through the inspection thereof under Article 18 (4) of the Act, he or she may restrict such correspondence: <Amended on Sep. 5, 2016> |
| 1. | Where it is a letter from a person who has jointly committed delinquency; |
| 2. | Where the details of correspondence cause impediments to education of the protected juvenile, etc., or there exist grounds that the protected juvenile, etc. should not be aware of the details thereof. |
| (2) | Restrictions on correspondence prescribed in paragraph (1) shall be made by any of the following means: |
| 1. | It shall be returned after notifying the protected juvenile, etc. of such fact; |
| 2. | It shall be destroyed after obtaining consent from the protected juvenile, etc.; |
| 3. | It shall be kept by the officers in charge after obtaining consent from the protected juvenile, etc., and shall be delivered when such juvenile, etc. leaves the reformatory. |
| (3) | Paragraphs (1) and (2) shall apply mutatis mutandis to restrictions on correspondence by means of information and communications media. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 39-2 (Restrictions on Telephone Conversations) |
| (1) | Where any of the following applies to a protected juvenile, etc. who has requested permission for telephone conversation, the Director need not permit telephone conversation: <Amended on Apr. 20, 2021> |
| 1. | Where he or she intends to have telephone conversations with a person deemed to hinder correctional education, such as jointly committing delinquency; |
| 2. | Where he or she shows substantially poor correctional records due to continued violation of the rules; |
| 3. | Where he or she is likely to have adverse effects on correctional education of protected juveniles, etc. or admittance order. |
| (2) | In either of the following cases, the Director may discontinue telephone conversation of the protected juvenile, etc.: |
| 1. | Where he or she has telephone conversations with a person not permitted to do so (excluding family); |
| 2. | Where it is deemed undesirable to correctional education or maintenance of admittance order, such as repeated or continued swearing and requests for bringing in prohibited goods during telephone conversations. |
| (3) | Where the Director intends to discontinue telephone conversation of a protected juvenile, etc. pursuant to paragraph (2), he or she shall give a prior warning to the protected juvenile, and inform the other party to the telephone conversation of the reason he or she discontinues telephone conversation. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 40 (Period of Outings) |
No period of outings under Article 19 of the Act shall exceed seven days (including holidays and Saturdays): Provided, That if any special ground exists, the said period may be extended. <Amended on Apr. 20, 2021> [This Article Wholly Amended on Jun. 20, 2008]
| Article 41 (Imposition of Code of Conduct at Time of Outings) |
| (1) | The director of a juvenile reformatory shall impose a code of conduct on protected juveniles who are permitted to go on an outing. |
| (2) | When any protected juvenile has violated a code of conduct, the director of the juvenile reformatory shall promptly revoke the permit of outing, and take necessary measures for his or her return. |
[This Article Wholly Amended on Jun. 20, 2008]
SECTION 7 Medical Treatment and Hygiene
| Article 42 (Health Checkups, etc.) |
The Director shall conduct regular and occasional medical checkups on protected juveniles, etc. in addition to medical examinations under Article 7 (2) of the Act, and shall record and maintain the results. [This Article Wholly Amended on Jun. 20, 2008]
| Article 43 (Medical Treatment in Outside Medical Institutions) |
| (1) | When the Director becomes aware that a protected juvenile, etc. has a serious disease as a result of medical examination or regular or occasional medical checkup under Article 42, or any event requiring hospitalization or surgical operation, etc. in an outside medical institution occurs, the Director shall promptly file a report thereon with the Minister of Justice, and notify his or her guardians, etc. <Amended on Apr. 20, 2021> |
| (2) | When the Director has a protected juvenile, etc. hospitalized in an outside medical institution as prescribed in Article 20 (2) of the Act, he or she shall promptly file a report thereon with the Minister of Justice. |
[This Article Wholly Amended on Jun. 20, 2008]
[Title Amended on Apr. 20, 2021]
| Article 44 (Nursing by Guardians) |
When protected juveniles, etc. take medical care in an outside medical institution under Article 20 (2) of the Act, the Director may have their guardians, etc. nurse them. [This Article Wholly Amended on Jun. 20, 2008]
| Article 44-2 (Medical Practice of Nurses) |
"Minor medical practice prescribed by Presidential Decree" in Article 20 (4) of the Act means the following medical practices: | 1. | Treatment of minor injuries frequently occurring; |
| 2. | Treatment for protected juveniles, etc. who need first aid; |
| 3. | Treatment to prevent injuries or diseases from worsening; |
| 4. | Guidance on and management of a patient's convalescence; |
| 5. | Administration of medicines involved in the medical practices prescribed in subparagraphs 1 through 4. |
[This Article Newly Inserted on Apr. 20, 2021]
| Article 45 (Prevention of Communicable Diseases) |
| (1) | The director shall take measures necessary for preventing communicable diseases, including preventive inoculation, quarantine disinfection, etc. against protected juveniles, etc. <Amended on Dec. 29, 2010> |
| (2) | When a communicable disease prevails, the director may prohibit residents of the area with a prevailing communicable disease from making any interview, or from having any foods, clothing and other goods carried in. <Amended on Dec. 29, 2010> |
| (3) | When a protected juvenile, etc. is suspected of having a communicable disease, the director shall isolate him or her until the symptoms of the communicable disease disappear, or it is no longer contagious, and take necessary measures, such as disinfection, etc. of their personal effects. <Amended on Dec. 29, 2010> |
[This Article Wholly Amended on Jun. 20, 2008]
[Title Amended on Dec. 29, 2010]
| Article 46 (Reports on Occurrence of Communicable Diseases) |
When an infectious disease occurs at a juvenile reformatory, etc., the director shall file a report on its status of occurrence with the Minister of Justice without delay and shall immediately report thereon the director of the public health center in the area in which the relevant juvenile reformatory, etc.is located, pursuant to Article 12 of the Infectious Disease Control and Prevention Act. <Amended on Dec. 29, 2010; Apr. 20, 2021> [This Article Wholly Amended on Jun. 20, 2008]
[Title Amended on Dec. 29, 2010]
SECTION 8 Custody, etc. of Money and Valuables
| Article 47 (Retention of Money and Valuables) |
| (1) | When the Director retains money and valuables of a protected juvenile, etc. under Article 22 (1) of the Act, he or she shall make an inspection in the presence of the protected juvenile, etc. and have him or her confirm and sign after entering the names of items, quantity, standard, and other necessary matters on a custody certificate of money and valuables prescribed by Ordinance of the Ministry of Justice (hereinafter referred to as “custody certificate”). In such cases, the Director and the protected juvenile, etc. shall keep one copy of the custody certificate, respectively. <Amended on Sep. 5, 2016> |
| (2) | In cases falling under paragraph (1), if goods possessed by a protected juvenile, etc. are deemed unsuitable for retention, they may be returned to his or her guardians, etc., or may be sold by obtaining consent from the protected juvenile, etc. and the proceeds may be kept for him or her: Provided, That goods deemed valueless may cause to be destructed by the protected juvenile, etc. himself/herself. |
| (3) | If deemed necessary, the Director may allow protected juveniles, etc. to use the valuables retained as such. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 48 (Return, etc. of Money and Valuables in Custody) |
| (1) | When money and valuables are returned under Article 22 (2) of the Act, the grounds for return shall be entered on a custody certificate, and the recipient shall be made to confirm and sign thereon. <Amended on Sep. 5, 2016> |
| (2) | Notwithstanding the provisions of Article 22 (2) of the Act, where a protected juvenile, etc. released from a reformatory does not intend to receive his or her money and valuables in custody, the Director need not return them. |
| (3) | When money and valuables are not returned under paragraph (2), the grounds therefor shall be entered on a custody certificate, and the protected juvenile, etc. shall be made to confirm and sign thereon. <Amended on Sep. 5, 2016> |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 49 (Donation of Goods) |
| (1) | When any person intends to donate goods to be used in a juvenile reformatory, etc., the Director may accept the donation of only the goods required for protection or correctional education. <Amended on Apr. 20, 2021> |
| (2) | Where any person entrusts cash for the purpose of donating goods under paragraph (1), the Director may accept it and purchase relevant goods on behalf of the donor. In such cases, he or she shall notify the donor thereof by attaching documentary evidence. |
[This Article Wholly Amended on Jun. 20, 2008]
[Title Amended on Apr. 20, 2021]
| Article 50 (Return of Consigned Money and Valuables) |
When a protected juvenile, etc. refuses to receive goods consigned to him or her, or delivering them to a protected juvenile, etc. deems inadequate, the Director shall promptly return them to the consignor.
[This Article Wholly Amended on Jun. 20, 2008]
CHAPTER III CLASSIFICATION REVIEW, ETC.
| Article 51 (Scope of Classification Review) |
| (1) | In conducting classification review under Article 3 (2) 1 and 2 of the Act, the following matters shall be compiled and analyzed: <Amended on Jan. 28, 2014; Apr. 20, 2021> |
| 1. | Matters related to personal affairs: summary of the relevant juvenile's personal affairs, academic career, his or her issues, overview and history of his or her misdeeds, guardians and family situations, and other data on references; |
| 2. | Physical aspects: the relevant juvenile's health conditions, physical peculiarities, and diagnosis of whether having any defects and case history; |
| 3. | Psychological aspects: measurements of abilities centered around the relevant juvenile's intelligence, peculiarities of character, whether he or she has any impediment to mental functions, such as neurosis, psychosis, etc., flexibility and desire, or willingness to make self-improvement, etc.; |
| 4. | Environmental aspects: investigation of the relevant juvenile's family, schools, social life, etc. from his or her birth up to the present; |
| 5. | Behavioral characteristics: observation of peculiar matters and tendency to react to environmental conditions faced by a juvenile, such as the life in the facility and on the occasions of inspections or interviews, etc.; |
| 6. | Other matters for reference. |
| (2) | Classification reviews referred to in paragraph (1) shall be conducted based on various records, results of counseling, interviews with the related persons and other objective data. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 52 (Counseling and Examinations) |
| (1) | When counseling and examinations under Article 3 (2) 3 through 5 of the Act, examinations before rendering a decision by the prosecutor, or classification reviews are conducted, they shall be done for such areas requested by the requesting institution. <Amended on Jan. 28, 2014; Apr. 20, 2021> |
| (2) | In cases falling under Article 3 (2) 3, education for career guidance and improvement of conduct of juveniles may be provided. In such cases, Article 85 shall apply mutatis mutandis to the inclusion of counseling and examination period in attendance days, etc. <Amended on Jan. 28, 2014; Apr. 20, 2021> |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 53 (Duties, etc. of Classification Review Officers) |
| (1) | Classification review officers shall prepare a report on classification and review by integrating data on classification and review under Article 51. |
| (2) | The head of a Juvenile Classification Review Board shall hire professional personnel with the acquirements and professional knowledge necessary for smooth performance of duties of the classification and review officer, and have them conduct data collection and psychological tests falling under each subparagraph of Article 51 (1). |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 54 (Juvenile Psychological Tests) |
| (1) | Any persons who intends to request a psychological test, etc. under Article 26 of the Act shall request the head of a Juvenile Classification Review Board to conduct a psychological test in accordance with the method and procedure prescribed by the Minister of Justice. |
| (2) | When the head of a Juvenile Classification Review Board receives a request for a juvenile psychological test, etc. under paragraph (1), he or she shall notify in advance matters requiring cooperation, such as the date, time, and place of the psychological test, and other necessary matters. |
[This Article Wholly Amended on Jun. 20, 2008]
CHAPTER IV CORRECTIONAL EDUCATION
SECTION 1 General Provisions
| Article 55 (Educational Plans) |
| (1) | The director of a juvenile reformatory shall formulate and implement an educational plan under Article 41 of the Act so that protected juveniles may achieve the correctional objectives within the specified period of education. |
| (2) | The educational plan under paragraph (1) shall contain specific details of educational courses, special activities, life counseling, etc. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 56 (Educational Phases) |
| (1) | The entire process of correctional education for protected juveniles shall be divided into three phases, including the newcomers education, the basic education and the education for returning to society, and those small be implemented consecutively from their admittance into a reformatory up to their release therefrom. <Amended on Apr. 20, 2021> |
| (2) | Detailed matters on education by phase under paragraph (1) shall be prescribed by Ordinance of the Ministry of Justice. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 57 (Evaluation of Correctional Records) |
| (1) | Correctional records of protected juveniles shall be evaluated by integrating the records of education and the records of life. |
| (2) | Other matters necessary for the evaluation of correctional records of protected juveniles shall be prescribed by the Minister of Justice. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 58 (Register of Juvenile Management Records) |
| (1) | The Director shall keep a register of juvenile management records for individuals in order to ensure the propriety of treatment of protected juveniles, etc. and the management of correctional records, and shall continuously record and maintain a whole situation up to their release in accordance with the specified forms. |
| (2) | When committed juveniles, detained juveniles or juveniles subject to counseling and examinations under Article 3 (2) 3 of the Act are subjected to a disposition of sending to a juvenile reformatory as a result of examination of the Juvenile Department of the Court, the head of a juvenile Classification Review Board shall without delay forward the original register of juvenile management records of the relevant juveniles to the relevant juvenile reformatory. <Amended on Jan. 28, 2014; Apr. 20, 2021> |
[This Article Wholly Amended on Jun. 20, 2008]
SECTION 2 Elementary and Secondary Education
| Article 59 (Establishment and Operation of Schools) |
| (2) | In consideration of the smooth operation of juvenile reformatory schools and the characteristics of juvenile protection and education institutions, "juvenile reformatory" and "title of each level school of juvenile reformatory" may be concurrently used. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 60 (Concurrent Office Holding of Vice-Principle) |
The head of the instruction department of juvenile reformatory wherein a juvenile reformatory school has been established shall concurrently perform the duties of vice-principal of the relevant juvenile reformatory school under Article 30 (3) of the Act. [This Article Wholly Amended on Jun. 20, 2008]
| Article 61 (Performance of Duties by Teaching Staff, etc.) |
| (1) | Teaching staff appointed to juvenile reformatory schools under Article 30 (1) of the Act shall provide instructions and life counseling for students and carry out other necessary duties. |
| (2) | When the principal of a juvenile reformatory school determines it necessary for efficient education in the juvenile reformatory school, he or she may, by obtaining approval from the Minister of Justice, have public officials with specific qualification requirements perform duties under paragraph (1), such as persons possessing a bachelor's or higher degree of the related school subject, juvenile counselors, juvenile advisors, possessors of nationally-recognized qualifications relating to information and communications or linguistics, etc. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 62 (Training of Teaching Staff) |
| (1) | The Minister of Justice shall, as prescribed by the Public Educational Officials Act and the Regulations for Training of Teachers, etc., have the teaching staff of juvenile reformatory schools trained at education and training institutes for schools of each level or the Institute of Justice. <Amended on Apr. 20, 2021> |
| (2) | When the principal of a juvenile reformatory school intends to select teaching staff for training under paragraph (1), he or she shall consult with the competent superintendent of education or the president of the Institute of Justice. <Amended on Apr. 20, 2021> |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 63 (Admission and Transfer) |
| (1) | When a protected juvenile who has been admitted within 60 days from the commencement of a school term is deemed to have graduated from the school of the same level or has acquired an equal or higher scholastic ability, the principal of the juvenile reformatory school may have him or her enrolled in an educational course of a higher-level school. |
| (2) | The principal of a juvenile reformatory school may have a protected juvenile transferred or enrolled in the semester at the time of admittance of the last grade recorded in the protected juvenile's school register; Provided, That when it is impossible to have him or her transferred or enrolled in the semester at the time of admittance, he or she may be transferred or enrolled in a semester of the same or lower grade. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 63-2 Deleted. <Jan. 28, 2014> |
| Article 64 (School Life Records) |
The principal of a juvenile reformatory school shall prepare and manage school life records that comprehensively note and evaluate the status of personality development and the level of scholastic attainment, etc. of protected juveniles under Article 25 of the Elementary and Secondary Education Act. [This Article Wholly Amended on Jun. 20, 2008]
| Article 64-2 (Notification and Management of School Registers) |
| (1) | Where a protected juvenile is enrolled under Article 31 (1) of the Act, the principal of the juvenile reformatory school shall give notice thereof to the principal of the school where the protected juvenile last attended (hereinafter referred to as "previously attended school"). |
| (2) | The principal of the juvenile reformatory school shall send a record of school register of the protected juvenile to the previously attended school before the end of each semester or each school year. |
| (3) | The principal of the juvenile reformatory school shall, when the protected juvenile is released, send the entire school register to the principal of the previously attended school within ten days from the date of his or her release. |
| (4) | When receiving records of school register in accordance with paragraphs (1) through (3), the principal of the previously attended school shall manage the records received in the same way as the school registers of students enrolled in the school are managed. |
[This Article Newly Inserted on Jun. 20, 2008]
| Article 65 (Transfer to or Enrollment in Another School) |
When a protected juvenile intends to transfer to or enroll in another school, such as the previously attended school under Article 32 of the Act, he or she shall submit a written application for allotment for transfer or enrollment and other necessary documents to the head of the education office having jurisdiction over the place of residence or the school scheduled for transfer or enrollment, or the principal of the school scheduled for transfer or enrollment. [This Article Wholly Amended on Jun. 20, 2008]
| (1) | Where any concern exists over causing impediments to an admittance, re-admittance or transfer to school due to the admittance of a protected juvenile, the director of a juvenile reformatory may let him or her commute to school, by imposing a code of conduct on him or her. |
| (2) | Where a protected juvenile permitted to commute to school under paragraph (1) has significantly violated a code of conduct, or any ground to determine that his or her commuting to school shall not be continued, the director of a juvenile reformatory may revoke permission for commuting to school. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 67 (Assessment of Graduation, etc.) |
| (1) | Whether allowing completion of courses by school year in a juvenile reformatory school and a graduation therefrom shall be determined by a Treatment Review Committee by deliberating on the following matters: <Amended on Apr. 20, 2021> |
| 1. | Level of completion of the education courses; |
| 2. | Whether satisfying the gross completion hours or school days; |
| 3. | Whether falling under any ground for disqualification as stipulated by the school regulations. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 68 (Issuance of Diploma, etc.) |
When protected juveniles or their guardians apply for issuance of diplomas, academic records, certificates of completion, etc., the director of a juvenile reformatory shall issue the same.
[This Article Wholly Amended on Jun. 20, 2008]
| Article 69 (Special Cases of Taking Qualification Examination to Recognize Scholastic Ability) |
Any of the following persons, from among protected juveniles attending a juvenile reformatory school, may take the qualification examination for recognition of scholastic ability: <Amended on Jan. 6, 2015; Sep. 15, 2015>
| 1. | Examination for certifying academic ability equivalent to that of an elementary school graduate: Over 12-year old persons in the process of completing elementary school courses; |
| 2. | Examination for certifying academic ability equivalent to that of a middle school graduate: Over 15-year old persons in the process of completing middle school courses; |
| 3. | Examination for certifying academic ability equivalent to that of a high school graduate: Over 18-year old persons in the process of completing high school courses. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 70 (Consultation on Promotion of Studies) |
The principal of a juvenile reformatory school may hold consultations with the head of each competent education office on promotion of studies pertaining to the operation of educational affairs of juvenile reformatory schools, and the head of each competent education office may give necessary advice.
[This Article Wholly Amended on Jun. 20, 2008]
SECTION 3 Vocational Ability Development Training
| Article 71 (Policies for Workplace Skill Development Training) |
| (1) | Workplace skill development training of a juvenile reformatory shall ensure that protected juveniles shall be able to lead a sound vocational life by realizing the valuableness of labor and develop an upright attitude and ability toward the occupation. |
| (2) | Workplace skill development training of a juvenile reformatory shall be conducted in close relation with school education and industrial society. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 72 (Establishment of Public Installations for Workplace Skill Development Training) |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 73 (Workplace Skill Development Training with Support) |
When the director of a juvenile reformatory intends to conduct workplace skill development training by obtaining support of industrial corporations under Article 35 (2) of the Act, he or she shall conclude with supporting industrial corporations a written agreement of support containing the purpose, period and content of support and other matters in relation thereto. [This Article Wholly Amended on Jun. 20, 2008]
| Article 74 (Workplace Skill Development Training at Outside Facilities) |
The director of a juvenile reformatory may conduct workplace skill development training by having protected juveniles commute or commissioned to facilities other than the juvenile reformatory under Article 35 (2) of the Act. [This Article Wholly Amended on Jun. 20, 2008]
| Article 75 (Training for Instructors of Workplace Skill Development Training) |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 76 (Principles of Commuting Employment) |
| (1) | Industrial corporations subject to commuting employment of protected juveniles shall be such traders that would make a selection of occupation easy after their release from the reformatory, and that may make them capable of developing sound occupational awareness and sound view of values. <Amended on Apr. 20, 2021> |
| (2) | When the director of a juvenile reformatory intends to make protected juveniles commute to employment under Article 37 (1) of the Act, he or she shall conclude with the industrial corporations subject to commuting employment a written employment agreement containing terms on wages, employment period, employment conditions and other necessary matters. |
| (3) | The director of a juvenile reformatory shall impose a code of conduct on the protected juveniles commuting to employment, and guide them to observe the said code. |
| (4) | When an industrial corporations has violated any terms of an employment agreement under paragraph (2), or a protected juvenile has committed a significant violation of a code of conduct, or any ground exists to determine that his or her commuting to employment shall not be continued, the director of a juvenile reformatory may prohibit his or her commuting to employment. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 77 (Creation of Basis for Self-Reliance) |
In order to improve workplace skill and create the basis for successful self-reliance of protected juveniles, the Minister of Justice may carry out necessary projects, including nurturing of business start-ups and establishment of a support foundation, and operation of a self-reliance residence hall, etc.
[This Article Wholly Amended on Jun. 20, 2008]
SECTION 4 Counseling and Guidance, etc.
| Article 78 (Objectives of Counseling and Guidance) |
In rendering life counseling and guidance under Article 39 of the Act, the Director shall perform the said counseling and guidance with the aim of ensuring mental, physical and behavioral development and improving attitudes of protected juveniles, etc. [This Article Wholly Amended on Jun. 20, 2008]
| Article 79 (Counseling and Character-Building Education) |
| (1) | The Director shall provide character-building education, such as systematic counseling and psychotherapy services, so as to make an earlier achievement of correctional objectives by attaining an effective solution of all issues and desires of protected juveniles, etc. |
| (2) | When guardians, etc. apply for a counseling on treatments or personal conditions of protected juveniles, etc., the Director shall comply with it. |
| (3) | In order to perform duties under paragraph (1), the Director shall assign or designate officers in exclusive charges, who are equipped with expertise and knowledge in the relevant fields. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 80 (Special Activities) |
| (1) | The Director shall have protected juveniles, etc. participate in adequate special activities in order to purify their sentiments and to develop their talents, under Article 40 of the Act. |
| (2) | Special activities under paragraph (1) shall be classified into intramural activities, such as physical training, reading, music, drama guidance, etc. and extramural activities of diverse empirical studies, such as visits to exhibit halls and industrial facilities, exploration of cultural remains, viewing of cultural and artistic performances, camping, excursions, etc. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 81 (Service Activities) |
The Director shall operate diverse programs of service activities for development of community awareness and personality education through experiences of protected juveniles.
[This Article Wholly Amended on Jun. 20, 2008]
| Article 82 (Religious Activities) |
| (1) | The Director shall allow protected juveniles, etc. who have a religion to freely participate in religious ceremonies at designated places, within the limits of not impeding any operation of educational courses. |
| (2) | The Director may let a priest, pastor or Buddhist monk and other religionists render religious guidance to protected juveniles, etc. |
[This Article Wholly Amended on Jun. 20, 2008]
[Title Amended on Apr. 20, 2021]
| Article 83 (Establishment and Operation of Libraries, etc.) |
| (1) | The Director may establish and operate a library, counseling room, broadcasting room, psychological testing room, educational data room, religious room, etc. necessary for correctional education. |
| (2) | The Director shall render necessary support so as to encourage protected juveniles, etc. to utilize facilities under paragraph (1). |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 84 (School Inspections) |
In performing school inspections under Article 42 of the Act, the Minister of Justice shall formulate detailed plans for the objects, methods, disposition of results, etc. of the school inspections, in each school year and notify in advance the juvenile reformatory schools thereof. [This Article Wholly Amended on Jun. 20, 2008]
| Article 85 (Recognition of Number of Days Attended by Persons Subject to Alternative Education) |
| (1) | When any juvenile subject to an alternative educational course requested by a judge or public prosecutor under Article 42-2 (1) of the Act has completed specified educational courses at a juvenile reformatory, etc., such period shall be counted as attendance at the school where he or she is attending. <Amended on Apr. 20, 2021> |
| (2) | When committed juveniles under Article 31 (2) of the Act or their guardians, or juveniles subject to an alternative education course under paragraph (1) or their guardians desire to do so, the Director may notify the principal of a school where the juveniles are attending of the fact that they have completed the educational course at a juvenile reformatory, etc. or completed the alternative educational course. <Amended on Apr. 20, 2021> |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 86 (Education of Guardians) |
| (1) | Where it is acknowledged that education of guardians is necessary under Article 42-3 of the Act, the Director shall formulate and implement plans for education that contain the purpose, objects, time and place, programs, etc. of the education. |
| (2) | Educational programs under paragraph (1) shall contain the following matters: |
| 1. | Restoration of family functions and development of the ability to solve issues; |
| 2. | Analysis of causes for deviant conducts of one's children and increasing understanding; |
| 3. | Development of the awareness of gender equality and democratic parenting attitudes; |
| 4. | Disciplinary guidance of one's children and effective dialog techniques; |
| 5. | Methods of inducing learning motive of one's children, and of guiding one's path in life. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 87 (Cancellation of and Withdrawal of Application for Review of Release or Release on Parole) |
When any special ground has occurred, such as the disciplinary causes, etc., to the protected juveniles who received permission for release or release on parole, or who has applied for review of release or release on parole, the director of a juvenile reformatory may file for cancellation of permission for release or release on parole, or withdraw the application for review of release or release on parole, with the Parole Examination Committee.
[This Article Wholly Amended on Jun. 20, 2008]
| Article 87-2 (Issuance of Certificate of Admittance or Release) |
Where any of the following persons files an application for issuance of a certificate regarding the fact of being admitted to a juvenile reformatory, etc. or the fact of being released after having been admitted to a juvenile reformatory, etc., the Director may issue a certificate of admittance or release prescribed by Ordinance of the Ministry of Justice. In such cases, an application for issuance of a certificate of admittance or release or the issuance thereof may be processed through an electronic civil petition window under Article 9 (2) and (3) of the Electronic Government Act: <Amended on Apr. 20, 2021> | 1. | A protected juvenile, etc.; |
| 2. | A person who was a protected juvenile, etc.; |
| 3. | A guardian of a person falling under subparagraph 1 or 2; |
| 4. | A person delegated by a person falling under subparagraph 1 or 2. |
[This Article Newly Inserted on Mar. 3, 2020]
| Article 88 (Readmittance of Persons Canceling Release on Parole) |
| (1) | With regard to persons for whom release on parole has been revoked under Article 48 of the Act on Probation, etc., the director of a juvenile reformatory at the time of release on parole shall receive them from the probation officer, and readmit them immediately. |
| (2) | Notwithstanding the provisions of paragraph (1), if the juvenile reformatory at the time of release on parole is located in a City/Do different from the current location of the person whose release on parole is canceled (excluding females whose release on parole is canceled; hereafter in this paragraph, the same shall apply), and concerns exist over delaying the readmittance, a juvenile reformatory in the vicinity of the current location of the person whose release on parole is canceled may receive such person. <Amended on Apr. 20, 2021> |
| (3) | Any person whose release on parole has been canceled with the Jeju area as the current location shall be readmitted to the Jeju juvenile reformatory: Provided, That when the major residential place of the person, for whom release on parole has been canceled, is located in a City/Do different from the Jeju juvenile reformatory, the juvenile reformatory at the time of release on parole may receive him or her by a petition or depending on other necessities for treatment. |
[This Article Wholly Amended on Jun. 20, 2008]
CHAPTER VI SUPPLEMENTARY PROVISIONS
SECTION 1 Inquires of Data, etc.
| Article 89 (Visits by Foreigners) |
When the Director intends to permit a visit by a foreigner under Article 49 of the Act, he or she shall obtain approval from the Minister of Justice. [This Article Wholly Amended on Jun. 20, 2008]
| Article 90 (Inquiries of Diverse Data) |
| (1) | Where deemed necessary for correctional education and classification review of protected juveniles, etc. under Article 50 of the Act, the Director may request relevant agencies to provide each of the following data: |
| 1. | Data on criminal history and criminal investigations; |
| 3. | Other data to be the reference of education, classification and review. |
| (2) | No person making requests for data under paragraph (1) or handling such data on his or her duties shall divulge any detail thereof to persons who are not directly related with such duties. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 90-2 (Management of Sensitive Information and Personally Identifiable Information) |
| 1. | Affairs concerning procedures for admittance and release of protected juveniles, etc.; |
| 2. | Affairs concerning health examinations, management of the details of treatment, and determination of medical treatment for protected juveniles, etc.; |
| 4. | Affairs concerning decisions on treatment of protected juveniles, etc. and revision thereto prescribed in Articles 8 and 9 of the Act; |
| 5. | Affairs concerning administration of school registers and vocational ability development training prescribed in Articles 31 and 35 of the Act; |
| 6. | Affairs concerning the formulation and execution of educational plans and evaluation of the results thereof prescribed in Article 41 of the Act; |
| 4. | Affairs concerning permission for visits to a juvenile reformatory, etc. prescribed in Article 49 of the Act; |
| 5. | Affairs concerning the operation of a juvenile psychological counseling room prescribed in Article 50-2 of the Act; |
| 6. | Affairs concerning commission of juvenile protection members and reimbursement of expenses prescribed in Article 51-2 of the Act; |
| 8. | Affairs concerning the issuance of a certificate under Article 87-2. |
[This Article Newly Inserted on Jan. 28, 2014]
SECTION 2 Juvenile Protection Association
| Article 91 (Establishment of Branches, etc.) |
The Juvenile Protection Association established under Article 51 of the Act (hereinafter referred to as the "Association") may have branches or branch associations to ensure efficiently perform its competent duties. [This Article Wholly Amended on Jan. 28, 2014]
| Article 92 (Articles of Association) |
| (1) | The articles of association of the Association shall include the following: |
| 3. | Matters relating to the head office, branches and branch associations; |
| 4. | Matters relating to executive officers and employees; |
| 5. | Matters relating to the operation of the board of directors; |
| 6. | Matters relating to business affairs; |
| 7. | Matters relating to funds, property and accounting; |
| 8. | Matters relating to public announcements; |
| 9. | Matters relating to revisions to the articles of association; |
| 10. | Matters relating to the establishment, amendment or repeal of internal regulations. |
| (2) | Where the Association revises the articles of association, it shall obtain approval from the Minster of Justice therefor, through resolution by the board of directors. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 93 (Executive Officers) |
| (1) | The Association shall have the following executive officers: |
| 2. | One standing director; |
| 3. | At least five, but not exceeding 15, directors (including the chief director and the standing director); |
| (2) | The chief director shall be appointed by the Minister of Justice; one of the directors, excluding the chief director and the standing director, shall be appointed by the Minister of Justice from among public officials of the Ministry of Justice; and the executive officers, excluding the chief director and the director appointed by the Minister of Justice (hereinafter referred to as "ex officio director"), shall be appointed by the board of directors and take office upon obtaining approval from the Minister of Justice. |
| (3) | The term of office of the chief director and the auditors shall be two years, while that of the directors, excluding the ex officio director, shall be three years. |
| (4) | The executive officers, excluding the ex officio director, may be reappointed upon obtaining approval from the Minister of Justice: Provided, That with respect to the reappointment period of the executive officers, it shall not exceed six years in cases of the chief director, and ten years, including the term of office of the chief director, in cases of the directors. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 94 (Duties of Executive Officers) |
| (1) | The chief director shall represent the Association and have general supervision and control of its affairs. |
| (2) | The chief director shall convene and preside over meetings of the board of directors. |
| (3) | Where the chief director is unable to perform his or her duties due to extenuating circumstances, the standing director shall act for the chief director. |
| (4) | The directors shall attend meetings of the board of directors to deliberate and decide on important matters of the Association, and shall deal with the assignments delegated by the board of directors or by the chief director. |
| (5) | The auditors shall audit the affairs and accounts of the Association. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 95 (Board of Directors) |
| (1) | A board of directors comprised of the chief director and directors shall be established under the Association to deliberate and decide on important matters concerning its affairs. |
| (2) | The auditors may attend meetings of the board of directors and state their opinions. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 96 (Appointment and Dismissal of Employees) |
Employees of the Association shall be appointed or dismissed by the chief director, as provided for in the articles of association.
[This Article Newly Inserted on Jan. 28, 2014]
| Article 97 (Assets of Association) |
The Association shall have the following as its assets:
| 1. | Real estate and other property owned by the Association; |
| 3. | Proceeds generated from its assets; |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 98 (Business Affairs of Association) |
| (1) | The Association shall perform the following business affairs to achieve its objectives for establishment: <Amended on Sep. 5, 2016> |
| 1. | Supporting educational activities for protected juveniles, etc.; |
| 2. | Supporting social settlement of persons released from juvenile reformatories, such as the operation of facilities for supporting self-reliance; |
| 3. | Supporting research, publication of materials, and academic organizations related to juveniles; |
| 4. | Business affairs to provide guidance and welfare to juveniles; |
| 5. | Other business affairs necessary to achieve the objectives of the Association. |
| (2) | The Association may perform profitable business affairs to achieve its objectives for establishment. |
| (3) | Where the Association intends to perform profitable business affairs under paragraph (2), it shall obtain prior approval from the Minister of Justice for each business affair. The same shall apply when it intends to change such business affair. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 99 (Business and Accounting Management) |
| (1) | The fiscal year of the Association shall coincide with that of the Government. |
| (2) | The Association shall prepare a business plan and budget bill to be executed in the relevant fiscal year before the beginning of each fiscal year, and shall submit them to the Minister of Justice to obtain his or her approval therefor after undergoing a resolution of the board of directors. The same shall apply when it intends to revise any of them. |
| (3) | The Association shall prepare the outcomes of business and the statement of accounts for each fiscal year, and submit them to the Minister of Justice by the end of February of the following fiscal year, after undergoing a resolution of the board of directors. |
| (4) | The Association shall report the outcomes of execution of national subsidies to the Minister of Justice each quarter. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 100 (Supervision) |
| (1) | The Minister of Justice shall direct and supervise the Association. |
| (2) | If necessary to supervise the Association, the Minister of Justice may require the Association to report on its business or to submit materials, may issue other necessary orders, or may require subordinate public officials to inspect the operation conditions of the Association. |
| (3) | The Minister of Justice may audit the Association's execution of national subsidies. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 101 (Provisions to Be Applied Mutatis Mutandis) |
[This Article Newly Inserted on Jan. 28, 2014]
SECTION 3 Receipt of Donated Money and Valuables
| Article 102 (Receipt, etc. of Donated Money and Valuables) |
| (1) | Where the Director receives donated money and valuables pursuant to Article 53 (1) of the Act, he or she shall issue a receipt to the donator: Provided, That, where donation is made anonymously or the donor is unknown, a receipt need not be issued. |
| (2) | Where the Director becomes aware that a donator referred to in paragraph (1) falls under any of the following cases, he or she shall not receive donated money and valuables: |
| 1. | Where the donator is a protected juvenile, etc.; |
| 2. | Where the donator is or was a relative of a protected juvenile, etc.; |
| 3. | Where the donator is an institution, organization, or person deemed to have a direct interest with a protected juvenile, etc. |
| (3) | Where a donator referred to in paragraph (1) designates the purposes of donated money and valuables, the Director shall only use them for such purposes: Provided, That, where it is difficult to use them for the purposes designated by the donator, they may be used for other purposes with consent from the donator, except in extenuating circumstances. |
| (4) | The Director shall manage the revenues and expenditures of all donated funds through an exclusive account for donated funds. |
| (5) | The Director shall keep books of account on the receipt status, usage record, etc. of donated money and valuables so as for the donators to peruse such books of account. |
| (6) | The Director shall report matters concerning the receipt status, usage record, etc. of donated money and valuables to the Minister of Justice on a half-yearly basis. |
[This Article Newly Inserted on Jun. 30, 2014]
SECTION 4 Requests for Inquiry into Criminal Record Materials
| Article 103 (Restriction on Requests for Inquiry into Criminal Record Materials) |
| (1) | Where the Minister of Justice requests inquiry into criminal record materials and investigation record materials pursuant to Article 54 of the Act, he or she shall make such request within the minimum scope necessary to investigate whether a protected juvenile released from a juvenile reformatory has repeatedly committed a crime and to evaluate the effects of correctional education in a juvenile reformatory pursuant to Article 6 (1) of the Act on the Lapse of Criminal Sentences. |
| (2) | Persons who manage criminal record materials or investigation record materials or persons who inquire into or inspect criminal history records materials or investigation record materials in the course of performing their duties shall not disclose the details thereof. |
| (3) | Except as provided in paragraphs (1) and (2), details necessary for methods of requesting access to criminal record materials or investigation record materials, data management, etc. shall be determined by the Minister of Justice. |
[This Article Newly Inserted on Apr. 20, 2021]
ADDENDUM <Presidential Decree No. 18479, Jul. 24, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18911, Jun. 30, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2005.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20830, Jun. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 22, 2008.
Article 2 (Applicability concerning Prohibition of Concurrent Imposition of Disciplinary Actions)
The amended provisions of Article 25 shall apply to persons placed under disciplinary action on or after the date this Decree enters into force. Article 3 Omitted.
Article 4 (Relationship with other Acts and Subordinate Statutes)
A citation of the Enforcement Decree of the Juvenile Reformatory Act or any provision thereof in any other Act or subordinate statute at the time this Decree enters into force shall be deemed a citation of this Decree, if this Decree has provisions equivalent to the cited provisions.
ADDENDA <Presidential Decree No. 22564, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on Dec. 30, 2010. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 25116, Jan. 28, 2014>
Article 1 (Enforcement Decree)
This Decree shall enter into force on January 31, 2014.
Article 2 (Applicability to concerning Investigations of Acts subject to Disciplinary Action)
The amended provisions of Article 24-2 shall apply, starting from the first investigation into an act subject to disciplinary action conducted after this Decree enters into force. Article 3 (Transitional Measures, etc. concerning Association)
| (1) | The Association shall revise its articles of association in conformity with the amended provisions of Articles 91 through 101, and obtain approval from the Minister of Justice therefor within three months after this Decree enters into force. |
| (2) | The term of office of an executive officer of the Association while in office as at the time this Decree enters into force shall be deemed to expire, simultaneously with approval of the Minister of Justice for the revision to the articles of association referred to in paragraph (1). |
| (3) | In calculating the reappointment period of an executive officer pursuant to the amended provisions of the proviso of Article 93 (4), such period shall be calculated, starting from the term of office of an executive officer who is appointed or whose inauguration is approved after the expiration of the term of office of the executive officer under paragraph (2). |
| (4) | Notwithstanding the amended provisions of Article 99 (2), the Association shall submit its business plan and budget bill for 2014 to the Minister of Justice by February 28, 2014, to obtain his or her approval therefor. |
ADDENDUM <Presidential Decree No. 25411, Jun. 30, 2014>
This Decree shall enter into force on July 8, 2014.
ADDENDA <Presidential Decree No. 25961, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 26521, Sep. 15, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 26774, Dec. 30, 2015>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 27479, Sep. 5, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 30, 2016.
Article 2 (Transitional Measures concerning Custody and Return of Money and Valuables Retained)
Notwithstanding the amended provisions of Articles 47 and 48, the former provisions shall apply to the custody and return of money and valuables retained pursuant to former Article 47 before this Decree enters into force.
ADDENDUM <Presidential Decree No. 30499, Mar. 3, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 31625, Apr. 20, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 21, 2021.
Article 2 (Transitional Measures concerning Term of Office of Members of Previous Treatment Review Committee Following Change of Committee Name)
Members under the previous Article 3 (3) as at the time this Decree enters into force shall be deemed appointed or commissioned as members of a Treatment and Disciplinary Action Committee pursuant to the amended provisions of Article 30-3. In such cases, the term of office of commissioned members shall be the remaining term of the members of the previous Treatment Review Committee. Article 3 Omitted.