ENFORCEMENT DECREE OF THE ACT ON MEDICAL TREATMENT AND CUSTODY
Presidential Decree No. 19087, Oct. 13, 2005
Amended by Presidential Decree No. 21126, Nov. 26, 2008
Presidential Decree No. 23314, Nov. 23, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23845, jun. 7, 2012
Presidential Decree No. 25115, Jan. 28, 2014
Presidential Decree No. 25410, jun. 30, 2014
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 25836, Dec. 9, 2014
Presidential Decree No. 27616, Nov. 29, 2016
Presidential Decree No. 28074, May 29, 2017
Presidential Decree No. 28951, jun. 12, 2018
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 31595, Apr. 6, 2021
The purpose of this Decree is to provide for matters mandated by the Act on Medical Treatment and Custody and the matters necessary for the enforcement thereof. <Amended on Nov. 29, 2016> [This Article Wholly Amended on Nov. 26, 2008]
| Article 2 (Types of Narcotics) |
The types of narcotics, psychotropic drugs, marijuana, or other substances which are likely to be abused or harmful referred to in Article 2 (1) 2 of the Act on Medical Treatment and Custody, (hereinafter referred to as the “Act”) are as follows: <Amended on Jun. 7, 2012; Dec. 9, 2014; Nov. 29, 2016> | 2. | Substances prescribed in Article 22 (1) of the Chemicals Control Act and those prescribed in Article 11 of the Enforcement Decree of the same Act. |
[This Article Wholly Amended on Nov. 26, 2008]
| Article 2-2 (Substances Likely to Be Abused or Harmful) |
“Narcotics, psychotropic drugs, marijuana, or any other substances prescribed by Presidential Decree which are likely to be abused or harmful” in subparagraph 3 of Article 2-3 of the Act means the substances prescribed in each subparagraph of Article 2. [This Article Newly Inserted on Jun. 12, 2018]
| Article 3 (Matters to Be Stated in Application for Custody and Method of Preparation of Application) |
| (1) | Where a prosecutor files a prosecution and applies for medical treatment and custody at the same time, the matters to be stated in the application for medical treatment and custody pursuant to Article 4 (4) 1 of the Act shall be replaced by the name, age, place of registration, domicile, occupation, etc. and other details of a criminal defendant, and the facts justifying the application and applicable legal provisions shall be added to the facts constituting a crime subject to a public prosecution and applicable legal provisions in the bill of prosecution. |
| (2) | Where a prosecutor applies for medical treatment and custody only without filing a prosecution or where he or she applies for medical treatment and custody after filing a prosecution, he or she shall state in the application for medical treatment and custody the name, age, place of registration, domicile, and occupation of the person subject to medical treatment and custody for whom an application for medical treatment and custody is filed (hereinafter referred to as "candidate for medical treatment and custody") and the name of the relevant crime, facts justifying the application, and applicable legal provisions. <Amended on Jun. 12, 2018> |
| (3) | In cases falling under paragraph (1) or (2), a warrant of arrest or a warrant of medical treatment and custody or the copy thereof, a written appointment of attorney-at-law, proof of accommodation of the relevant criminal suspect or person subject to medical treatment and custody, written decision on the extension of period of arrest or protective confinement or the copy thereof, etc. shall be attached. |
[This Article Wholly Amended on Nov. 26, 2008]
| Article 4 (Method of Medical Treatment and Custody) |
| (1) | A person sentenced to medical treatment and custody (hereinafter referred to as "person under medical treatment and custody") shall be committed to a medical treatment and custody facility under Article 16 (1) of the Act (hereinafter referred to as “medical treatment and custody facility”) for custody and receive treatment and rehabilitation education. <Amended on Jan. 28, 2014> |
| (2) | Persons under medical treatment and custody shall be accommodated separately according to the degree of mental disorder, habit of eating or drinking the substances provided for in Article 2 or alcohol and degree of addiction to such substances or alcohol, or degree of psychosexual disorder. |
[This Article Wholly Amended on Nov. 26, 2008]
| Article 4-2 (Application for Extension of Period of Medical Treatment and Custody) |
| (1) | Where the head of a medical treatment and custody facility intends to file an application for extension of period of medical treatment and custody of a person under medical treatment and custody with a prosecutor pursuant to Article 16 (3) of the Act, he or she shall submit a document stating the following matters accompanied by materials that can justify the grounds for such application: |
| 1. | The name, resident registration number, and name of the crime of the person under medical treatment and custody; |
| 2. | Grounds for extension of period; |
| 3. | Number of previous extension of period. |
| (2) | The application for extension of period of medical treatment and custody under paragraph (1) shall be made no later than seven months before the expiration of the period under each subparagraph of Article 16 (2) of the Act or the duration extended pursuant to paragraph (3) of the same Article. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 4-3 (Procedures for Designation of Designated Judiciary Hospital) |
| (1) | Where it is necessary to designate a designated judiciary hospital under paragraph 16-2 (1) 2 of the Act (hereinafter referred to as “designated judiciary hospital”), the Minister of Justice may hear the opinion of the Minister of Health and Welfare where necessary. |
| (2) | Where the Minister of Justice has designated a designated judiciary hospital, he or she shall notify the Minister of Health and Welfare and the head of the designated judiciary hospital thereof. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 4-4 (Operation of Designated Judiciary Hospital and Its Medical Treatment) |
| (1) | Where a person under medical treatment and custody is committed to the hospital, the head of a designated judiciary hospital shall designate a medical doctor to take responsibility for the medical treatment of the person under medical treatment and custody, from among psychiatric practitioners of the designated judiciary hospital. |
| (2) | The number of persons under medical treatment and custody to be committed to a designated judiciary hospital shall not exceed 50: Provided, That the Minister of Justice may adjust the maximum number of persons to be committed, in consideration of the total number of persons committed to a medical treatment and custody facility and the adequacy of medical treatment. |
| (3) | Detailed matters relating to the accommodation and medical treatment of persons under medical treatment and custody, other than those prescribed in paragraphs (1) and (2), shall be determined by the Minister of Justice. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 4-5 (Subsidies for Expenses of Designated Judiciary Hospital) |
| (1) | Pursuant to Article 16-2 (3) of the Act, the State shall subsidize a designated judiciary hospital for the following expenses within the budget: |
| 1. | Expenses incurred in providing medical treatment to a person under medical treatment and custody; |
| 2. | Expenses necessary for establishing, enlarging, or remodeling wards for accommodation and medical treatment of persons under medical treatment and custody. |
| (2) | Where the head of a designated judiciary hospital intends to receive subsidies for the expenses under paragraph (1), he or she shall submit a written request for subsidies for expenses to the Minister of Justice no later than the 10th day of every month by attaching the following documents: |
| 1. | Invoice for medical treatment of each person under medical treatment and custody; |
| 2. | Other materials that can give an account of the details of the request for subsidies for expenses. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 5 (Reporting on Situations) |
| (1) | The head of a medical treatment and custody facility shall report the situations of a person under medical treatment and custody and the progress of medical treatment of the relevant person and other necessary matters every six months from the beginning of the medical treatment and custody of the relevant person to the Medical Treatment and Custody Deliberation Committee under Article 37 of the Act (hereinafter referred to as the "Committee"). <Amended on Jan. 28, 2014> |
| (2) | The head of a designated judiciary hospital shall immediately report to the Committee where a person under medical treatment and custody falls under any of the following cases: <Newly Inserted on Jan. 28, 2014> |
| 1. | Where a person under medical treatment and custody commits a crime; |
| 2. | Where a person under medical treatment and custody interferes with the life of another person under medical treatment and custody in the relevant facility by disturbing public order of the facility; |
| 3. | Where a person under medical treatment and custody is likely to harm himself or herself or harm other people due to exacerbated condition; |
| 4. | Where it is difficult to continue receiving medical treatment in the designated judiciary hospital for other reasons. |
| (3) | Where the head of a medical treatment and custody facility deems it proper to terminate or provisionally terminate medical treatment and custody or entrust medical treatment, he or she may notify the relevant prosecutor of the matters under paragraph (1) and request that the prosecutor file an application for review with the Committee. <Amended on Jan. 28, 2014> |
[This Article Wholly Amended on Nov. 26, 2008]
| Article 6 (Disclosure of Details of Medical Treatment and Custody) |
| (1) | Judges and prosecutors may frequently visit medical treatment and custody facilities. <Amended on Jan. 28, 2014> |
| (2) | Where a person other than a judge or a prosecutor intends to visit a medical treatment and custody facility pursuant to Article 20 of the Act, he or she shall obtain permission from the head of the medical treatment and custody facility. <Amended on Jan. 28, 2014> |
| (3) | The head of a medical treatment and custody facility shall permit a person intending to visit the medical treatment and custody facility to visit the facility where there exist justifiable reasons for such visit after verifying the name, occupation, address, and purpose of visit of the relevant person. <Amended on Jan. 28, 2014> |
| (4) | Where a foreigner intends to visit a medical treatment and custody facility, the head of the medical treatment and custody facility shall permit such visit after obtaining approval of the Minister of Justice. <Amended on Jan. 28, 2014> |
| (5) | The head of a medical treatment and custody facility shall notify persons permitted to visit the relevant facility of precautions of visit. <Amended on Jan. 28, 2014> |
[This Article Wholly Amended on Nov. 26, 2008]
| Article 6-2 (Application for Retransfer and Decision Thereon) |
| (1) | The head of a designated judiciary hospital may file an application with the Committee for retransfer of a person under medical treatment and custody in cases falling under Article 21-2 (2) of the Act. |
| (2) | Where the head of a designated judiciary hospital applies for retransfer pursuant to paragraph (1), he or she shall attach related materials, such as a written opinion of the doctor in charge, to prove the reason why it is impracticable to continue the medical treatment of the relevant person in the designated judiciary hospital. |
| (3) | In receipt of an application for retransfer under paragraph (1), the Committee shall deliberate on the appropriateness of the retransfer of the relevant person under medical treatment and custody and make a decision thereon. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 7 (Entrustment of Medical Treatment) |
A legal representative, spouse, lineal relative, or sibling of a person under medical treatment and custody (hereinafter referred to as “legal representative, etc.”) to whom medical treatment can be entrusted shall submit to the Committee a written pledge, pursuant to Article 23 (3) of the Act, which includes the name, age, place of registration, domicile, and occupation of the legal representative, etc. and the person under medical treatment and custody, and the name of the hospital to receive medical treatment, by attaching relevant documents, including a certificate of guaranteed hospitalization. [This Article Wholly Amended on Nov. 26, 2008]
| Article 7-2 (Treatment of Candidates for Medical Treatment and Custody) |
| (1) | The head of a medical treatment and custody facility shall properly treat candidates for medical treatment and custody pursuant to Article 25-2 (3) of the Act by allotting separate place for candidates for medical treatment and custody, in consideration of the following matters: |
| 1. | Gender of the candidate for medical treatment and custody; |
| 2. | Degree of mental disorder of the candidate for medical treatment and custody; |
| 3. | Habit of eating or drinking the substances referred to in Article 2 or alcohol or degree of addiction to such substances or alcohol; |
| 4. | Degree of psychosexual disorder; |
| 5. | Other matters necessary for the treatment of candidates for medical treatment and custody. |
| (2) | Where necessary for the treatment of candidates for medical treatment and custody, the head of a medical treatment and custody facility may investigate personal information of the candidate for medical treatment and custody through consultation with the relevant person, and conduct a psychological, intellectual, or aptitude test, or other necessary tests. |
[This Article Newly Inserted on Jun. 12, 2018]
| Article 7-3 (Prohibition on Isolation and Other Restrictions) |
| (1) | Where the head of a medical treatment and custody facility intends to place a physical restriction on any person under medical treatment and custody or a candidate for medical treatment and custody (hereinafter referred to as "person under medical treatment and custody, etc."), such as by isolating or binding the relevant person (hereinafter referred to as “protective measure”), he or she shall do so by using any of the following methods. In such cases, the protective measure under subparagraph 2 shall be allowed only in cases falling under Article 25-3 (1) 1 of the Act: |
| 1. | Protective measures using isolation; |
| 2. | Protective measures using protective clothes or restraining bands. |
| (2) | The duration of protective measures under paragraph (1) 1 shall not exceed 15 days: Provided, That the head of a medical treatment and custody may extend such duration where it is particularly necessary to continue to take protective measures under instructions from medical doctors classified as follows. <Amended on Apr. 6, 2021> |
| (3) | The extension of duration pursuant to the proviso of paragraph (2) is allowed up to seven days each time, and the duration of protective measures cannot exceed 30 consecutive days. |
| (4) | The duration of protective measures under paragraph (1) 2 shall not exceed 24 hours: Provided, That where it is particularly necessary to continue to take protective measures under instructions from a psychiatric specialist, the head of a medical treatment and custody facility may extend the duration for up to 24 additional hours only once. <Amended on Apr. 6, 2021> |
| (5) | Where the head of a medical treatment and custody facility takes protective measures toward a person under medical treatment and custody, etc., he or she shall keep record of the following matters in ledger for protection of persons under medical treatment and custody, etc. and retain the ledger pursuant to Article 25-3 (4) of the Act: <Amended on Apr. 6, 2021> |
| 1. | The name of a person under medical treatment and custody, etc.: The name shall be marked in both Korean alphabet and classical Chinese characters (only in cases corresponding classical Chinese characters exist) and the name of a foreigner shall be marked in both Korean and English alphabets; |
| 2. | The date and year of birth of a person under medical treatment and custody, etc.; |
| 3. | Reasons for protective measures: The following matters: |
| (a) | Where the relevant person is highly likely to put himself or herself or other persons in danger and it is obviously impracticable to avoid such danger using measures other than physical restrictions, the relevant details; |
| (b) | Where the relevant person committed a serious violation of law or violation of rules, the relevant details; |
| (c) | Where the relevant person committed an act of seriously disturbing the order of the facility, the relevant details; |
| 4. | Details of the instructions from a psychiatric specialist or a doctor in charge regarding protective measures; |
| 5. | Place of protective measures; |
| 6. | Methods of protective measures; |
| 7. | Time to start protective measures; |
| 8. | Time to end protective measures; |
| 9. | Where the duration of protective measures is extended, the reasons for such extension and the opinion of a psychiatric specialist or a doctor in charge regarding said extension; |
| 10. | Details of treatment of the relevant person, including meals, defecation, and urination, while the protective measures are under way. |
| (6) | Matters relating to the form of the ledger for protection of persons under medical treatment and custody, etc. shall be prescribed by Ordinance of the Ministry of Justice. |
[This Article Newly Inserted on Jun. 12, 2018]
| Article 8 (Petitions for Better Treatment) |
| (1) | Where a person under medical treatment and custody, etc. or his or her legal representative, etc. files a petition for better treatment of a person under medical treatment and custody, etc. pursuant to Article 30 (1) of the Act, he or she shall file a petition in writing with the Minister of Justice. <Amended on Jun. 12, 2018> |
| (2) | A person intending to file a petition pursuant to paragraph (1) shall prepare and seal a written petition and submit it to the head of the relevant medical treatment and custody facility. <Amended on Jan. 28, 2014> |
| (3) | The head of a medical treatment and custody facility shall not open the written petition, and deliver it to the Minister of Justice without delay. <Amended on Jan. 28, 2014> |
| (4) | The head of a medical treatment and custody facility shall not prevent a person under medical treatment and custody, etc. or his or her legal representative, etc. from filing a petition or unfavorably treat a person under medical treatment and custody, etc. for filing a petition. <Amended on Jan. 28, 2014; Jun. 12, 2018> |
| (5) | The Minister of Justice shall notify the head of a medical treatment and custody facility in writing of the result of handling the petition, and the head of a medical treatment and custody facility shall deliver the result thereof to the petitioner without delay. <Amended on Jan. 28, 2014> |
[This Article Wholly Amended on Nov. 26, 2008]
| Article 9 (Matters to Be Observed by Probationer) |
| (1) | The Committee shall impose obligations to observe the matters under Article 33 (2) of the Act on a person who became subject to probation under the Act on Probation (hereinafter referred to as “probation”) (hereinafter referred to as “person under probation”), and give written instructions by taking into account individual characteristics of each person under medical treatment and custody. <Amended on Jun. 12, 2018> |
| (2) | A probation officer may give detailed instructions within necessary scope in order to encourage a person under probation to observe the matters imposed by the Committee. |
| (3) | Where it is particularly necessary to instruct and supervise a person under probation, a probation officer may have a person under probation be present to verify facts or request necessary cooperation from the persons concerned. |
[This Article Wholly Amended on Nov. 26, 2008]
| Article 9-2 (Change of Matters to be Observed by Person under Probation) |
| (1) | Where the Committee reviews and decides on addition, change, or deletion of all or part of the matters to be observed by a person under probation pursuant to Article 33 (3) of the Act, it shall notify the person under probation of the relevant details in writing. |
| (2) | Where the head of a probation office intends to file an application with the Committee for addition, change, or deletion of all or part of the matters to be observed by a person under probation pursuant to Article 33 (3) of the Act, he or she shall do so with a document stating the following matters: |
| 1. | The name, resident registration number, occupation, and domicile of the person under probation; |
| 3. | Reasons for addition, change, or deletion of all or part of the matters to be observed by the person under probation. |
| (3) | Where the Committee deems it necessary for the review under paragraph (1), it may have the probation officer in charge of the relevant person under probation be present to hear his or her opinion, and interrogate the person under probation or examine or inquire into necessary matters. |
[This Article Newly Inserted on Jun. 12, 2018]
| Article 9-3 (Warning to Person under Probation) |
Where the head of a probation office gives a warning to a person under probation pursuant to Article 33 (5) of the Act, he or she shall do so in writing. [This Article Newly Inserted on Jun. 12, 2018]
| Article 10 (Duty to Report by Person under Probation) |
| (1) | A person under probation shall submit a written report on the following matters to the relevant probation officer every two months: <Amended on Jan. 5, 2021> |
| 1. | Major activities during the probation period; |
| 2. | Use of drugs and development of medical treatment; |
| 3. | Personal information of the person who is likely to commit a crime among the persons with whom the person under probation associated or met up, and the time, place, and details of the association or meeting; |
| 4. | Matters relating to travels during the probation period; |
| 5. | Good deeds conducted during the probation period; |
| 6. | Matters on which the Committee and the probation officer ordered to make a report in relation to the probation. |
| (2) | Where a person under probation intends to move his or her domicile or travel for more than 30 days, he or she shall make a written report thereon in advance to the probation officer. |
| (3) | Where a person under probation is unable to make a report under paragraph (1) or (2) by himself or herself, his or her guardian (referring to the head of a protective facility; hereinafter the same shall apply) or the legal representative, etc. entrusted with medical treatment shall make a report. |
[This Article Wholly Amended on Nov. 26, 2008]
| Article 11 (Duties of Probation Officers) |
| (1) | A probation officer shall observe the activities of a person under probation and instruct and supervise the relevant person to help him or her return to society as a sound-minded member of society. |
| (2) | A probation officer shall prepare a ledger of probation and check major activities of a person under probation and his or her observation of the matters under Article 9 at least once a month. |
| (3) | A probation officer shall investigate the matters provided for in paragraph (2) and report thereon to the Committee every six months. |
| (4) | Where a person under probation falls under any of the following cases, a probation officer shall report thereon to the Committee without delay after investigation: |
| 1. | Where the relevant person committed a crime; |
| 2. | Where the relevant person failed to observe the matters required by the probation; |
| 3. | Where the relevant person moved his or her domicile; |
| 4. | Where the relevant person lacks a fixed domicile; |
| 5. | Where the relevant person has left the domicile without permission or has become missing for at least 30 days; |
| 6. | Where he or she is deceased; |
| 7. | Where it is deemed that the relevant person does not need probation; |
| 8. | Where any serious change has happened on the relevant person. |
| (5) | In cases falling under paragraph (4) 7, a probation officer may request a prosecutor to apply for review of termination of medical treatment and custody pursuant to Article 43 of the Act. |
| (6) | Where a probation officer receives a report under Article 10 (2), he or she shall notify the detail of such report to the probation officer of the new domicile or destination of the travel of the relevant person under probation. In such cases, where a person under probation has moved his or her domicile, the probation officer shall transmit the ledger of probation of the relevant person under probation and other relevant documents to the probation officer having jurisdiction over the new domicile of the relevant person under probation. <Amended on Nov. 29, 2016> |
| (7) | In receipt of the relevant documents under the latter part of paragraph (6), the probation officer of the new domicile of the relevant person under probation shall verify the change of domicile and report, without delay, thereon to the Committee after investigation. |
[This Article Wholly Amended on Nov. 26, 2008]
| Article 11-2 (Method of Application for Permission for Detention) |
| (1) | Where the head of a probation office requests permission for detention of a person under probation pursuant to Article 33-2 (3) of the Act, he or she shall do so in writing by stating the following matters: |
| 1. | The name, resident registration number, occupation, and domicile of the person subject to detention; |
| 2. | Reasons for detention; |
| (2) | The written permission for detention issued by a judge pursuant to Article 33-2 (3) of the Act shall include the title and name of the prosecutor who requested such permission, date of issue, and the matters under paragraph (1). |
[This Article Newly Inserted on Jun. 12, 2018]
| Article 11-3 (Jurisdiction over Request for Permission for Detention) |
The request for permission for detention under Article 11-2 (1) shall be made to the prosecutor of the district prosecutors’ office or district prosecutors’ branch office having jurisdiction over the place of location of the relevant probation office. [This Article Newly Inserted on Jun. 12, 2018]
| Article 11-4 (Request for Revocation of Provisional Termination of Medical Treatment and Custody) |
| (1) | Where the head of a probation office makes a request for revocation of provisional termination of medical treatment and custody under Article 22 of the Act or entrustment of medical treatment under Article 23 of the Act (hereinafter referred to as “provisional termination, etc.”) pursuant to Article 33-2 (4) of the Act, he or she shall do so in writing by stating the following matters. In such cases, the period for request of revocation of provisional termination, etc. under Article 33-2 (4) of the Act shall be count from the time the head of a probation office receives a written permission for detention: |
| 1. | The name, resident registration number, occupation, and domicile of a person under probation; |
| 3. | Reasons for revocation; |
| 4. | Other reasons which make it impracticable to continue probation. |
| (2) | Where a prosecutor dismisses a request for revocation of provisional termination, etc. made by the head of a probation office pursuant to Article 33-2 (4) of the Act, he or she shall notify the head of the probation office thereof without delay. |
| (3) | Where a prosecutor files a request for revocation of provisional termination, etc. with the Committee pursuant to Article 33-2 (5) of the Act, he or she shall attach the document the head of a probation office submitted pursuant to paragraph (1), and explain the reason thereof. |
| (4) | Where it is deemed necessary to review the request for revocation of provisional termination, etc. under Article 33-2 (5) of the Act, the Committee may have the head of a medical treatment and custody facility or the head of a probation office be present, and hear his or her opinion. |
[This Article Newly Inserted on Jun. 12, 2018]
| Article 11-5 (Notification of Decision to Extend Period of Detention) |
Where a jury of the competent local court extends the period of detention pursuant to the proviso of Article 33-2 (6) of the Act, he or she shall notify the head of a probation office of such decision without delay. [This Article Newly Inserted on Jun. 12, 2018]
| Article 12 (Notification of Duty of Report) |
Where a person under probation is released from a medical treatment and custody facility, the head of such facility shall rigorously discipline that the released person should not commit a crime again, and notify such person of the obligation to make a report after release to the competent probation officer pursuant to Article 34 (2) of the Act. <Amended on Jan. 28, 2014> [This Article Wholly Amended on Nov. 26, 2008]
| Article 13 (Reporting on and Notification of Release) |
| (1) | Where a person under probation makes a report before release pursuant to Article 34 (1) of the Act, he or she shall submit a written report stating the following to the head of a medical treatment and custody facility: <Amended on Jan. 28, 2014> |
| 1. | The place of registration, address prior to admission, name, date of birth, and gender; |
| 2. | Estimated domicile after release; |
| 3. | Estimated time of arrival to the estimated domicile; |
| 4. | Other matters requested by the head of a medical treatment and custody facility. |
| (2) | In receipt of the written report under paragraph (1), the head of a medical treatment and custody facility shall prepare a notification of release stating the matters under paragraph (1) and the following matters and send one copy to the Committee and one copy to the competent probation officer of the estimated domicile after release, and keep one copy in the medical treatment and custody facility: <Amended on Jan. 28, 2014> |
| 1. | The court which passed the sentence of medical treatment and custody, the date of sentence, and the period of medical treatment and custody; |
| 2. | The previous conviction resulting in medical treatment and custody, the records of medical treatment and custody, and the summary of criminal facts; |
| 3. | The name of a crime of a concurrent sentence, and the name and period of such sentence; |
| 4. | Family, cohabitants, and friends; |
| 5. | Financial status of the relevant person and his or her family; |
| 6. | Academic backgrounds, career, and details of military service; |
| 7. | Religion and associations joined; |
| 8. | Details of overseas travels; |
| 9. | In cases of entrusted medical treatment, name and location of the hospital to receive medical treatment; |
| 10. | Other matters necessary for medical treatment. |
| (3) | When making a report after release pursuant to Article 34 (2) of the Act, a person under probation shall submit a written report stating the following matters to a probation officer. <Amended on Jan. 28, 2014; May 29, 2017>: |
| 1. | Place of registration, domicile, name, date of birth, occupation, and gender; |
| 2. | Date of arrival to the domicile; |
| 4. | Other matters required by a probation officer, including a plan for medical treatment. |
| (4) | Where any change occurs to any matter reported under paragraph (3), a person under probation shall report thereon to the probation officer, without delay. |
| (5) | Where a person under probation is unable to make a report under paragraphs (1), (3), and (4) by himself or herself, his or her guardian or the legal representative, etc. entrusted with medical treatment shall make a report. |
| (6) | Where a person under probation fails to make a report after release pursuant to Article 34 (2) of the Act, a probation officer receiving a notification under paragraph (2) shall report such fact, without delay, to the Committee by way of a prosecutor. |
[This Article Wholly Amended on Nov. 26, 2008]
| Article 13-2 (Scope of Cooperation between Probation Offices and Mental Health Welfare Centers) |
| (1) | The information related to mental health which the head of a probation office can request to the head of a mental health welfare center pursuant to Article 36-4 (2) of the Act is as follows: <Amended on May 29, 2017> |
| 1. | Matters relating to registration, counseling, and medical treatment, including the date of registration in the mental health welfare center, dates of counseling, and dates of medical treatment; |
| 2. | Matters relating to rehabilitation to the society, including rehabilitation program of the mental health welfare center, and management of relevant cases; |
| 3. | Degree of medical treatment and mental health condition of a person under probation. |
| (2) | Matters for which the head of a mental health welfare center can request cooperation to the head of a probation office pursuant to Article 36-4 (3) of the Act shall be as follows: <Amended on May 29, 2017> |
| 1. | Company or participation of a probation officer where a person under probation visits a mental health welfare center or receives counseling; |
| 2. | Provision of information on the condition of living of a person under probation and other particular matters; |
| 3. | Submission of opinion by a probation officer in cases of formulating and implementing plans for medical treatment of a person under probation, prevention of recommitment of crimes, and rehabilitation to the society. |
[This Article Newly Inserted on Jan. 28, 2014]
[Title Amended on May 29, 2017]
| Article 14 (Composition of Committee) |
| (1) | The members of the Committee shall be appointed or commissioned by the Minister of Justice upon recommendation of the Chairperson. |
| (2) | The term of office of members other than public officials shall be three years. |
| (3) | The Chairperson shall represent the Committee, exercise general supervision over the affairs of Committee, convene meetings of the Committee, and become the chair of such meetings. |
| (4) | Where the Chairperson is unable to perform his or her duties in extenuating circumstances, a member predesignated by the Chairperson shall act on his or her behalf. |
| (5) | The number of advisory members under Article 37 (4) of the Act shall not exceed 10, and advisory members shall provide advice necessary for the review and decision by the Committee. |
[This Article Wholly Amended on Nov. 26, 2008]
| Article 15 (Committee's Staff Members) |
| (1) | The Committee shall have two executive secretaries and a few clerks. |
| (2) | The secretary and clerks shall be appointed by the chairperson from among public officials belonging to the Ministry of Justice. |
| (3) | The executive secretaries may handle the affairs of the Committee and attend a meeting to speak following the order of the Chairperson and the clerks shall assist the executive secretaries. |
[This Article Wholly Amended on Nov. 26, 2008]
| Article 16 (Request for Delivery of Materials for Review) |
When the Committee reviews the matters provided for in Article 37 (3) of the Act (hereinafter referred to as “matters relating to medical treatment and custody”), it may request a prosecutor, the head of a medical treatment and custody facility, or a probation officer to send materials for review, including the records of investigation relating to the case of medical treatment and custody, records of execution of the sentence and medical treatment and custody, and ledger of probation. <Amended on Jan. 28, 2014> [This Article Wholly Amended on Nov. 26, 2008]
| Article 17 (Application for Review by Prosecutor) |
| (1) | Where a prosecutor files an application with the Committee for review of a person under probation pursuant to Article 43 of the Act, he or she shall state in the written application the name, age, domicile, and occupation of the person under probation and attach the following documents: <Amended on Jan. 28, 2014> |
| 1. | Written opinion of the head of a medical treatment and custody facility or a probation officer; |
| 2. | A copy of the decision on medical treatment and custody; |
| 3. | Records of execution of the sentence and medical treatment and custody; |
| 4. | Records of investigation into matters relating to medical treatment and custody. |
| (2) | In cases falling under paragraph (1), a prosecutor may receive the records of the case relevant to the medical treatment and custody sent from the prosecutors’ office keeping such records and send it to the Committee along with the application for review. |
[This Article Wholly Amended on Nov. 26, 2008]
| Article 18 (Application for Review by Person under Medical Treatment and Custody) |
| (1) | When a person under medical treatment and custody or his or her representative, etc. files an application for review of termination of medical treatment and custody with the Committee pursuant to Article 44 of the Act, he or she shall attach a medical certificate or written appraisal by a specialized medical doctor of the department of psychiatry or other departments. <Amended on Nov. 23, 2011; Jun. 12, 2018> |
| (2) | The head of a medical treatment and custody facility may present his or her opinion to the Committee relating to the application for review filed by a person under medical treatment and custody or his or her representative, etc. <Amended on Jan. 28, 2014; Jun. 12, 2018> |
[This Article Wholly Amended on Nov. 26, 2008]
[Title Amended on Jun. 12, 2018]
| Article 19 (Decisions of Committee) |
In any of the following cases, the Committee shall review and make a decision without delay, and prepare a written decision with the names and seals of the Chairperson and members present affixed: <Amended on Apr. 6, 2021>
| 2. | Where an application for retransfer under Article 6-2 is made; |
| 5. | Where other matters relating to medical treatment and custody are reviewed and decided. |
[This Article Wholly Amended on Jan. 28, 2014]
| Article 20 (Requirements to Be Stated in Written Decision) |
A written decision shall include the name, age, place of registration, domicile, and name of the custody facility of a person under medical treatment and custody and the text of a judicial decision and the reasons thereof. With regard to a prosecutor’s application for review under Article 43 of the Act, the title and name of the prosecutor shall also be stated in the written decision. [This Article Wholly Amended on Nov. 26, 2008]
| Article 21 (Service of Decision) |
| (1) | Where the Committee makes a decision relating to a case of medical treatment and custody, it shall serve a copy of the written decision to the head of a medical treatment and custody facility who keeps the relevant person under medical treatment and custody under custody or a probation officer who keeps the relevant person under probation: Provided, That where the decision was made following a prosecutor’s application, a copy of the written decision shall be served to the prosecutor who filed an application for review, and the prosecutor so served shall notify the head of the relevant medical treatment and custody facility or the relevant probation officer thereof. <Amended on Jan. 28, 2014> |
| (2) | The head of a medical treatment and custody facility or the probation officer, in receipt of the service or notification under paragraph (1), shall notify the person under medical treatment and custody of the details thereof. <Amended on Jan. 28, 2014> |
| (3) | Where the Committee makes a decision on the application filed by a person under medical treatment and custody or his or her representative, etc. pursuant to Article 44 of the Act, it shall serve the copy of the written decision to the person under medical treatment and custody or his or her representative, etc. <Amended on Jun. 12, 2018> |
[This Article Wholly Amended on Nov. 26, 2008]
| Article 22 (Minutes of Meetings) |
| (1) | The Committee shall prepare and keep minutes of meetings. |
| (2) | Minutes of meetings shall include all details related to the relevant meetings and affixation of the signature and seal of the Chairperson. |
[This Article Wholly Amended on Nov. 26, 2008]
| (1) | Allowances for attendance and travel expenses may be paid to the Chairperson, members, advisory members, and employees of the Committee within the budget: Provided, That this shall not apply where a member who is a public official attends a meeting in direct relation to his or her duties. |
| (2) | The amounts of allowances and travel expenses and method of payment under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Justice. |
[This Article Wholly Amended on Nov. 26, 2008]
| Article 24 (Detailed Rules for Operation of Committee) |
Matters necessary for the operation of the Committee, other than those prescribed in this Decree, shall be determined by the Chairperson after the resolution by the Committee.
[This Article Wholly Amended on Nov. 26, 2008]
| Article 25 (Investigations before Ruling) |
Where a court requests investigation from the head of the probation office having jurisdiction over the domicile of the criminal defendant or the location of the court pursuant to Article 44-3 (1) of the Act, it shall notify the personal information and the summary of criminal facts. In such cases, referential materials may be sent where deemed necessary. [This Article Newly Inserted on Nov. 29, 2016]
[Previous Article 25 moved to Article 33 <Nov. 29, 2016>]
[Previous Article 25-2 moved to Article 34 <Nov. 29, 2016>]
| Article 26 (Method of Direction of Execution) |
Where a prosecutor commands the execution of an order of medical treatment pursuant to Article 44-6 (1) of the Act, after a judgement ordering medical treatment under Article 44-2 (1) of the Act becomes final and conclusive, he or she shall send, without delay, a written command attached with a copy of the written judgement to the head of the probation office having jurisdiction over the domicile of the person who is sentenced to medical treatment (hereinafter referred to as “person sentenced to medical treatment”). [This Article Newly Inserted on Nov. 29, 2016]
[Previous Article 26 moved to Article 35 <Nov. 29, 2016>]
| Article 27 (Preparations before Execution of Order of Medical Treatment) |
| (1) | A probation officer shall check a written command and a copy of the written judgement referred to in Article 26 before executing an order of medical treatment pursuant to Article 44-6 (1) of the Act. |
| (2) | Before executing an order of medical treatment pursuant to Article 44-6 (1) of the Act, a probation officer shall inform the person sentenced to medical treatment of the following matters: |
| 2. | Matters relating to invalidation of suspension of sentence and revocation of suspension of execution under Article 44-8 of the Act; |
| 3. | Other matters necessary for the execution of the order of medical treatment. |
[This Article Newly Inserted on Nov. 29, 2016]
| Article 28 (Formulation of Plan for Execution of Order of Medical Treatment) |
A probation officer shall, before executing an order of medical treatment pursuant to Article 44-6 (1) of the Act, formulate a plan for execution of an order of medical treatment, comprehensively taking into account of the following matters: | 2. | Physical and psychological characteristics and condition, occupation, living environments, and ability to fund the costs of medical treatment of the person sentenced to medical treatment. |
[This Article Newly Inserted on Nov. 29, 2016]
| Article 29 (Psychological Treatment Programs Including Cognitive-Behavioral Treatment) |
| (1) | The psychological treatment programs including cognitive-behavioral treatment under Article 44-6 (2) of the Act shall include the following matters: |
| 1. | Correction of cognitive distortion and abnormal behaviors; |
| 2. | Encouragement of motivation for treatment; |
| 3. | Prevention of recurrence of the reasons of medical treatment and fostering of the rehabilitation ability of the person sentenced to medical treatment; |
| 4. | Other matters necessary for prevention of repeated crime. |
| (2) | The Minister of Justice shall endeavor to develop psychical treatment programs under paragraph (1). |
[This Article Newly Inserted on Nov. 29, 2016]
| Article 30 (Checking of Execution of Order of Medical Treatment) |
| (1) | A probation officer executing an order of medical treatment pursuant to Article 44-6 (1) of the Act shall check the status of execution of an order of medical treatment of a person sentenced to medical treatment by having an interview with the person sentenced to medical treatment or visiting a medical treatment institution under Article 44-7 of the Act. |
| (2) | The Minister of Justice shall endeavor to foster human resources capable of professionally conducting affairs relating to execution of an order of medical treatment. |
[This Article Newly Inserted on Nov. 29, 2016]
| Article 31 (Consultative Body for Execution of Order of Medical Treatment) |
| 2. | Matters relating to business cooperation between a probation office and a medical treatment institution under Article 44-7 of the Act; |
| 3. | Matters relating to formulation of a plan for execution of an order of medical treatment under Article 28; |
| 4. | Other matters deemed necessary by the head of a probation office relating to execution of an order of medical treatment. |
[This Article Newly Inserted on Nov. 29, 2016]
| Article 32 (Burden of Medical Treatment Expenses Borne by State) |
| (1) | The State may bear the expenses of medical treatment where a person sentenced to medical treatment falls under any of the following cases pursuant to the proviso of Article 44-9 (1) of the Act: |
| (2) | Where a person sentenced to medical treatment intends to apply for burden of medical treatment expenses borne by the State under paragraph (1), he or she shall submit an application prescribed by Ordinance of the Ministry of Justice to the head of a probation office by attaching the following documents: Provided, That a person sentenced to medical treatment who is a recipient under subparagraph 2 of Article 2 of the National Basic Living Security Act shall submit an application only: |
| 1. | Deleted; <Jun. 12, 2018> |
| 3. | Where the relevant person failed to declare his or her income due to absence of income, documents proving such fact; |
| 4. | Other documents proving absence of source of regular income or property. |
| (3) | In receipt of an application under paragraph (2), the head of a probation office shall verify the following administrative information through joint use of administrative information under Article 36 (1) of the Electronic Government Act after obtaining consent of the applicant: Provided, That where the applicant does not consent to verification, he or she shall order to attach the relevant documents: <Amended on Jun. 12, 2018> |
| 1. | Certificate of amount of income (only in cases of having income); |
| 2. | Certificate of taxation by local tax item and certificate of payment of local tax; |
| 4. | Certificate of eligibility to reduction of burden of self-funded expenses for the second-lowest income bracket (only in cases of the second-lowest income bracket). |
| (4) | The head of a probation office may, where necessary, request that an applicant be present or submit necessary documents. |
| (5) | The head of a probation office may request that the State, a local government, or a public institution under Article 4 of the Act on the Management of Public Institutions submit documents necessary for examining the applicant’s ability to fund medical treatment expenses. In such cases, a written consent of the applicant prescribed by Ordinance of the Ministry of Justice shall be attached. |
| (6) | The head of a probation office shall determine whether the medical treatment expenses of an applicant shall be borne by the State by reviewing the documents under paragraphs (2) through (5). |
| (8) | Except as provided in paragraphs (1) through (7), detailed procedures for payment of medical treatment expenses by the State shall be determined by the Minister of Justice. |
[This Article Newly Inserted on Nov. 29, 2016]
| Article 33 (Military Medical Treatment and Custody Deliberation Committee) |
Articles 14 through 24 shall apply mutatis mutandis to the Military Medical Treatment and Custody Deliberation Committee under Article 50 (2) of the Act. In such cases, "the Minister of Justice" shall be construed as "the Minister of National Defense" and "the Ministry of Justice" as "the Ministry of National Defense." [This Article Wholly Amended on Nov. 26, 2008]
[Moved from Article 25 <Nov. 29, 2016>]
| Article 34 (Receipt of Donations) |
| (1) | Where the head of a medical treatment and custody facility receives donations pursuant to Article 50-2 (1) of the Act, he or she shall issue a receipt to the donor: Provided, That a receipt may not be issued where a donation was made anonymously or a donor is unknown. |
| (2) | Where the head of a medical treatment and custody facility becomes aware of the fact that the donor under paragraph (1) falls under any of the following cases, he or she shall not receive donations: |
| 1. | Where the donor is a person under medical treatment and custody; |
| 2. | Where the donor is or was a relative of a person under medical treatment and custody; |
| 3. | Where the donor is an institution, organization, or person deemed to have direct relations of interest with a person under medical treatment and custody. |
| (3) | Where the donor under paragraph (1) has designated the purpose of use of donations, the head of a medical treatment and custody facility shall use donations for such purpose only: Provided, That where it is difficult to use for the purpose designated by the donor, the donations may be used for other purposes with consent of the donor unless there is a compelling reason not to do so. |
| (4) | The head of a medical treatment and custody shall treat revenues and expenditures of all donations through the exclusive donation account. |
| (5) | The head of a medical treatment and custody shall keep a ledger on the receipt and use of donations and allow the donor to peruse it. |
| (6) | The head of a medical treatment and custody shall make a report on the receipt and use of donations semi-annually to the Minister of Justice. |
[This Article Newly Inserted on Jun. 30, 2014]
[Moved from Article 25-2 <Nov. 29, 2016>]
| Article 35 (Processing Sensitive Information and Personally Identifiable Information) |
| (1) | Where it is inevitable for performance of the following affairs, a prosecutor may manage the information corresponding to criminal history record under subparagraph 2 of Article 18 of the Personal Information Protection Act, and resident registration number or alien registration number under subparagraph 1 or 4 of Article 19 of the same Decree: <Amended on Jan. 28, 2014; Nov. 29, 2016> |
| 2. | Affairs relating to application for issuance of medical treatment and custody warrants under Article 6 of the Act; |
| 2-2. | Affairs relating to application for extension of period of medical treatment and custody under Article 16 (3) of the Act; |
| (2) | Where it is inevitable for performance of the following affairs, the Committee may manage materials including personal information under paragraph (1): |
| 3. | Affairs relating to review of termination of medical treatment and custody under Article 44 of the Act. |
| 2. | Affairs relating to review of termination of medical treatment and custody under Article 18; |
| 6. | Affairs relating to outpatient treatment of a person released from a medical treatment and custody facility under Article 36-3 of the Act; |
| (4) | Where it is inevitable for performance of the following affairs, the head of a medical treatment and custody facility may manage materials including personal information under paragraph (3): <Newly Inserted on Jan. 28, 2014; Nov. 29, 2016; May 29, 2017> |
| 4. | Affairs relating to operation of a consultative body for execution of an order of medical treatment under Article 31. |
| (5) | Where it is inevitable for performance of the following affairs, a probation officer may manage materials including personal information under paragraph (3): <Amended on Jan. 28, 2014; Nov. 29, 2016> |
| 2. | Affairs relating to probation under Articles 9 through 11. |
| (6) | Where it is inevitable for performance of the following affairs, the head of a medical treatment and custody facility or a probation officer may manage materials including personal information under paragraph (1): <Amended on Jan. 28, 2014> |
| (7) | Where it is inevitable for performance of the following affairs, the head of a mental health welfare center may manage materials including personal information under paragraph (3): <Newly Inserted on Jan. 28, 2014; Nov. 29, 2016; May 29, 2017; Jun. 12, 2018> |
| 1. | Affairs relating to mental health service for a person released from a medical treatment and custody facility under Article 36-2 of the Act; |
| (8) | Where it is inevitable for performance of the following affairs, the Minister of Justice may manage materials including personal information under paragraph (1): <Newly Inserted on Aug. 6, 2014; Nov. 29, 2016> |
| 1. | Affairs relating to examination of grounds of disqualification of members of the Committee under Article 38 of the Act; |
[This Article Newly Inserted on Jan. 6, 2012]
[Moved from Article 26 <Nov. 29, 2016>]
ADDENDA <Presidential Decree No. 19087, Oct. 13, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force from the date of its promulgation.
Article 2 (Transitional Measures concerning Various Acts)
Briefings, reports, applications, and other acts conducted by a prosecutor, the head of a medical treatment and custody facility, a probation officer, a person under probation or his or her legal representative, etc., or the Social Protection Committee in relation to the probation commenced following medical treatment and custody, provisional termination of medical treatment and custody, or entrustment of medical treatment pursuant to the former Enforcement Decree of the Social Protection Act before this Decree enters into force shall be deemed to have been conducted pursuant to this Decree.
ADDENDUM <Presidential Decree No. 21126, Nov. 26, 2008>
This Decree shall enter into force on December 14, 2008.
ADDENDA <Presidential Decree No. 23314, Nov. 23, 2011>
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. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23845, Jun. 7, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 8, 2012.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 25115, Jan. 28, 2014>
This Decree shall enter into force on January 31, 2014: Provided, That the amended provisions of Articles 13 (3) 3-2, 13-2, and 26 (4) and (7) shall enter into force on July 31, 2014, and the amended provisions of Articles 4-3 through 4-5, 5 (2), 6-2, 19, and 26 (3) and (6) (applicable only to matters relating to designated judiciary hospitals) shall enter into force on January 31, 2015.
ADDENDUM <Presidential Decree No. 25410, Jun. 30, 2014>
This Decree shall enter into force on July 8, 2014.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014
ADDENDA <Presidential Decree No. 25836, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 27616, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 2, 2016.
Article 2 Omitted.
Article 3 (Relationship to Other Statutes or Regulations)
ADDENDA <Presidential Decree No. 28074, May 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 30, 2017.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 28951, Jun. 12, 2018>
This Decree shall enter into force on June 13, 2018.
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. 31595, Apr. 6, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 21, 2021.
Article 2 (Transitional Measures concerning Extension of Protective Measures)
The amended provisions of Article 7-3 (2) 2 shall also apply to extension of the protective measures that take effect before this Decree enters into force.