CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to instruct, take care of and assist criminal offenders deemed to require systematic treatment in society, such as probation, community service, undergoing education, and rehabilitation, for the prevention of recidivism, thereby promoting their sound rehabilitation to the society, and promote the welfare of individuals and the public and protect the society by carrying out efficient activities to prevent crimes.
[This Article Wholly Amended on May 28, 2009]
| Article 2 (Cooperation from Nationals) |
| (1) | All nationals shall cooperate to achieve the purposes under Article 1, according to their status and capabilities. |
| (2) | The State and local governments shall have a responsibility to promote projects to protect and guide criminal offenders for their sound rehabilitation to the society. |
| (3) | The State shall pay attention to prevent any unlawful infringement on the human rights of a person, etc. to be placed on probation in the course of enforcing this Act. <Newly Inserted on Jul. 20, 2021> |
[This Article Wholly Amended on May 28, 2009]
| Article 3 (Persons Subject to Probation) |
| (1) | A person to be put on probation (hereinafter referred to as "person subject to probation") shall be as follows: |
| 5. | A person to be put on probation under this Act, as prescribed by other statutes. |
| (2) | A person obliged to provide community service or undergo education (hereinafter referred to as "person obliged to provide community service or undergo education") shall be as follows: |
| 3. | A person prescribed by other Acts to provide community service or undergo education under this Act. |
| (3) | A person on whom criminal punishment or a protective order is imposed, who is deemed in need of protection, such as providing room and board for rehabilitation through self-reliance, housing support, business start-up assistance, vocational training, or support for employment, shall be a person eligible for rehabilitation (hereinafter referred to as "person eligible for rehabilitation"). <Amended on May 20, 2014> |
[This Article Wholly Amended on May 28, 2009]
| Article 4 (Operative Standards) |
Probation, community service, undergoing education or rehabilitation shall be offered within a necessary and appropriate scope for the education and betterment of the relevant subjects or the prevention of crimes, and it shall be offered in the most appropriate manner, by considering their age, experiences, physical and mental conditions, home surroundings, friendships, and other circumstances.
[This Article Wholly Amended on May 28, 2009]
CHAPTER II PROBATION AGENCY
SECTION 1 Probation Review Commissions
| Article 5 (Establishment) |
| (1) | There shall be established Probation Review Commissions (hereinafter referred to as "Review Commission") under the jurisdiction of the Minister of Justice, so as to review and decide on matters concerning probation. |
| (2) | Review Commissions shall be established in areas prescribed by Presidential Decree, such as areas in which High Prosecutor's Offices are located. |
[This Article Wholly Amended on May 28, 2009]
| Article 6 (Jurisdictional Duties) |
Each Review Commission shall review and decide on the following matters under this Act:
| 1. | Matters concerning parole and the revocation thereof; |
| 3. | Matters concerning the provisional removal of probation and the revocation thereof; |
| 4. | Matters concerning the suspension of probation and the revocation thereof; |
| 5. | Matters concerning the termination of the indeterminate sentence of persons on parole; |
| 6. | Matters prescribed by this Act or other statutes or regulations, as jurisdictional duties of a Review Commission; |
| 7. | Matters concerning subparagraphs 1 through 6, that a Chairperson tables at a meeting for review. |
[This Article Wholly Amended on May 28, 2009]
| Article 7 (Organizational Structure) |
| (1) | Each Review Commission shall be comprised of at least five, but not more than nine members, including a Chairperson. |
| (2) | Each Chairperson of a Review Commission shall be appointed by the Minister of Justice, from among the chief public prosecutor or prosecutors of a High Prosecutor's Office. |
| (3) | Members of a Review Commission shall be appointed or commissioned by the Minister of Justice, from among judges, prosecutors, attorneys-at-law, the head of a probation office, the commissioner of regional correction headquarters, the warden of a institutional corrections facility, the head of a juvenile detention center and persons with considerable knowledge and experience in probation. |
| (4) | Not more than three standing members shall be appointed, from among members of the Review Commission. |
[This Article Wholly Amended on May 28, 2009]
| Article 8 (Terms of Members) |
The term of office of a member shall be two years; such term may be renewed consecutively: Provided, That the term of office of a non-standing member, who is a public official, shall be the period during which he or she holds his or her official position.
[This Article Wholly Amended on May 28, 2009]
| Article 9 (Dismissal of Members) |
When members fall under any of the following subparagraphs, they may be dismissed:
| 1. | When deemed impossible or practically difficult for them to perform their duties due to mental or physical disorders; |
| 2. | When deemed inappropriate for them to perform their duties as members due to the delinquency of duties, injury to dignity or other grounds. |
[This Article Wholly Amended on May 28, 2009]
| Article 10 (Status of Members) |
| (1) | Standing members shall be selected from among public officials in general service who are members of the Senior Executive Service or Grade IV public officials appointed as public officials in a fixed term position under Article 26-5 of the State Public Officials Act. <Amended on Jan. 7, 2014> |
| (2) | Members, other than standing members, shall hold an honorary position: Provided, That they may be given travelling expenses or other allowances, as prescribed by Ordinance of the Ministry of Justice, within budgetary limits. |
[This Article Wholly Amended on May 28, 2009]
| (1) | Each Review Commission shall review the matters referred to in Article 6, based upon review materials. |
| (2) | A Review Commission may summon persons subject to probation or other related persons to cross-examine them or order standing members or probation officers to investigate necessary matters, when deemed necessary for review. |
| (3) | A Review Commission may request the State, public institutions or other organizations to undertake fact-finding activities or submit related materials, when deemed necessary for review. |
[This Article Wholly Amended on May 28, 2009]
| Article 12 (Resolution and Decision) |
| (1) | Meetings of a Review Commission shall be convened with the attendance of a majority of all incumbent members and the resolution of a meeting shall require the consent of a majority of those present. |
| (2) | Notwithstanding paragraph (1), in extenuating circumstances prescribed by Presidential Decree, such as where a Review Commission has insufficient time to hold a meeting, a resolution may be passed in writing. In such cases, resolutions shall be passed with concurrent vote of a majority of all incumbent members. <Amended on Jul. 20, 2021> |
| (3) | No matters discussed at a meeting of a Review Commission, shall be disclosed. |
| (4) | Each Review Commission shall issue a written decision in which the grounds are specified and to which members who have participated in review, state their names and affix their signatures or seals. |
[This Article Wholly Amended on May 28, 2009]
| Article 12-2 (Persons Deemed to Be Public Officials for Purposes of Penalty Provisions) |
[This Article Newly Inserted on Jan. 6, 2016]
| Article 13 (Name, Jurisdictional Area and Operation) |
Matters necessary for the operation of a Review Commission, such as its name, jurisdictional area, scope of duties, and appointment or dismissal of members shall be prescribed by Presidential Decree.
[This Article Wholly Amended on May 28, 2009]
SECTION 2 Probation Office
| Article 14 (Establishment of Probation Office) |
| (1) | A probation office shall be established under the control of the Minister of Justice, so as to take charge of probation, community service, undergoing education or rehabilitation. |
| (2) | The branch of a probation office may be established in a district under its jurisdiction, so as to perform part of the duties of a probation office. |
[This Article Wholly Amended on May 28, 2009]
| Article 15 (Jurisdictional Duties of Probation Office) |
A probation office (including the branch of a probation office; hereinafter the same shall apply) shall exercise general control over the following duties:
| 1. | Execution of probation or an order to provide community service or undergo education; |
| 3. | Duties of guidance entrusted by prosecutors who have suspended prosecution on condition that probation officers offer guidance; |
| 4. | Education and training, and work guidance, of volunteer members for crime prevention under Article 18; |
| 5. | Activities to prevent crimes; |
| 6. | Matters prescribed as duties under the jurisdiction of a probation office by this Act or other statutes or regulations. |
[This Article Wholly Amended on May 28, 2009]
| Article 16 (Probation Officers) |
| (1) | A probation office shall have probation officers to perform duties under the subparagraphs of Article 15. |
| (2) | Probation officers shall have knowledge of criminal policy, penology, criminology, social work, pedagogy, psychology or other specialized knowledge necessary for probation. |
[This Article Wholly Amended on May 28, 2009]
| Article 17 (Titles of Probation Offices) |
The nation, jurisdictional area, organization of a probation office, the fixed number of probation officers and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended on May 28, 2009]
| Article 18 (Volunteers for Crime Prevention) |
| (1) | A probation office may have volunteers for crime prevention (hereinafter referred to as "volunteers for crime prevention") to conduct activities to prevent crimes and support probation and rehabilitation. |
| (2) | The Minister of Justice shall appoint volunteers for crime prevention, as prescribed by Ordinance of the Ministry of Justice. |
| (3) | The honor of volunteers for crime prevention and their activities under this Act shall be respected. |
| (4) | Volunteers for crime prevention shall hold an honorary position and they may be given the whole or part of expenses incurred in performing their duties, within budgetary limits. |
| (5) | Appointment or dismissal of volunteers for crime prevention, the fixed number of volunteers for crime prevention, details of their duties, their organization, payment of expenses and other necessary matters shall be prescribed by Ordinance of the Ministry of Justice. |
[This Article Wholly Amended on May 28, 2009]
SECTION 1 Investigation Conducted before Judgement
| Article 19 (Investigation Conducted before Ruling) |
| (1) | The court may request the head of a probation office having the jurisdiction over the location of the court or the domicile of defendants to investigate matters concerning defendants, including crime motives, occupations, living environment, friendships, family backgrounds and whether they have recovered from damage, when deemed necessary for ordering defendants to be put on probation, provide community service, or undergo education under Articles 59-2 and 62-2 of the Criminal Act. |
| (2) | The head of a probation office upon receipt of a request under paragraph (1) shall conduct an investigation, without delay, and notify the competent court of such fact in writing. In such cases, he or she may summon defendants or other related persons to cross-examine them or order probation officers under his or her control to investigate necessary matters when deemed necessary. |
| (3) | The court may request the head of a probation office upon receipt of a request under paragraph (1) to report the progress of the investigation. |
[This Article Wholly Amended on May 28, 2009]
| Article 19-2 (Investigations Conducted before Determination) |
| (1) | The court may request the head of a probation office having the jurisdiction over the court or the domicile of juveniles to investigate matters concerning such juveniles, including their behaviors, experiences, home environment or other circumstances, when deemed necessary for the investigation or examination of juvenile protection cases under Article 12 of the Juvenile Act. |
| (2) | Upon receipt of a request under paragraph (1), the head of a probation office shall conduct an investigation, without delay, and notify the competent court of such fact in writing, and may summon juveniles or other related persons to cross-examine them or order subordinate probation officers to investigate necessary matters, when necessary for an investigation. |
[This Article Newly Inserted on Dec. 26, 2008]
SECTION 2 Suspension of Sentence, Suspension of Execution and Probation
| Article 20 (Notification of Ruling) |
| (1) | The court shall send certified copies of written ruling and documents in which matters to be observed are stated, to the head of a probation office having the jurisdiction over the domicile of defendants, within three days after a ruling ordering probation is issued under Articles 59-2 or 62-2 of the Criminal Act. |
| (2) | In cases under paragraph (1), the court may attach opinions or additional materials for reference. |
| (3) | The court may request the head of a probation office upon receipt of a notification under paragraph (1) to report the progress of probation. |
[This Article Wholly Amended on May 28, 2009]
SECTION 3 Parole and Provisional Release
| Article 21 (Statutory Notice by Warden) |
| (1) | When a period specified in Article 65 of the Juvenile Act elapses for juveniles punished by imprisonment with or without labor, (hereinafter referred to as "juvenile inmates"), the warden of a institutional corrections facility, detention center or juvenile institutional corrections facility shall notify a Review Commission having jurisdiction over the location of the relevant prison, detention center or juvenile prison of such fact. |
| (2) | When six months elapse after protected juveniles are imprisoned, the warden of a juvenile detention center shall notify a Review Commission having jurisdiction over the location of the juvenile correctional institute of such fact. |
[This Article Wholly Amended on May 28, 2009]
| Article 22 (Requests for Parole, Release and Provisional Release) |
| (1) | The warden of an institutional corrections facility, detention center, juvenile institutional corrections facility, or juvenile detention center (hereinafter referred to as "institutional corrections facility"), may request the competent Review Commission to review the parole, release or provisional release of juvenile inmates or protected juveniles in prison, for whom a period specified in Article 65 of the Juvenile Act elapses, as prescribed by Ordinance of the Ministry of Justice. |
| (2) | When the head of a institutional corrections facility files a request under paragraph (1), he or she shall consider the findings of background investigations or the outcomes of environment improvement programs notified under Article 26 or 27. |
[This Article Wholly Amended on May 28, 2009]
| Article 23 (Review and Determination of Parole, Release and Provisional Release) |
| (1) | Upon receipt of requests under Article 22 (1), a Review Commission shall review whether the parole of juvenile inmates, or the release or provisional release of protected juveniles is appropriate, and make a decision thereon. |
| (2) | Even though no request is made under Article 22 (1), a Review Commission may, upon acting ex officio, review whether the parole, release or provisional release of persons notified under Article 21 is appropriate, and make a decision thereon. |
| (3) | When a Review Commission review whether the parole of a juvenile inmate is appropriate under paragraphs (1) and (2), it shall make a decision based on necessity of probation. |
| (4) | When a Review Commission conducts a review or makes a decision under paragraphs (1) through (3), it shall consider all circumstances, such as the character of juvenile inmates, results of their correction, occupations, their attitude toward life, family relationship and the chances of recommitting crimes. |
[This Article Wholly Amended on May 28, 2009]
| Article 24 (Review and Determination on Probation of Adult Inmates) |
| (2) | When a Review Commission reviews probation under paragraph (1), it shall consider the outcomes of probation investigation referred to in Article 28. |
[This Article Wholly Amended on May 28, 2009]
| Article 25 (Permission from Minister of Justice) |
When a Review Commission decides that the parole of juvenile inmates, or the release or provisional release of protected juveniles is appropriate in the course of review referred to in Article 23, and that probation is unnecessary in the course of review referred to in Article 24, it shall submit a written decision accompanied by related documents to the Minister of Justice, to obtain permission for such decision; and when the decision by a Review Commission is deemed reasonable, the Minister of Justice may grant permission for such decision. [This Article Wholly Amended on Dec. 26, 2008]
SECTION 4 Background Investigations and Environment Improvement Programs
| Article 26 (Background Investigations) |
| (1) | Where the head of an institutional corrections facility, hospital, or intermediate care center, or medical rehabilitation juvenile reformatory under the Act on the Treatment of Protected Juveniles accommodates a juvenile inmate or a person sentenced to any of the protective dispositions under Article 32 (1) 7, 9 and 10 of the Juvenile Act (hereinafter referred to as "potential juvenile inmates"), the heads thereof shall, without delay, send a background checklist to the head of a probation office having jurisdiction over the place in which the person is expected to reside and request him or her to conduct a background investigation. <Amended on Dec. 30, 2014; Oct. 20, 2020> |
| (2) | Upon receipt of a request to conduct a background investigation under paragraph (1), the head of a probation office shall investigate motives for crimes or misdeeds of potential juvenile inmates, their previous occupations, living environment, friends, family backgrounds, whether they have recovered from harm, how they make a living, and other matters, and notify the head of an institutional corrections facility of the findings thereof. In such cases, he or she may interview potential juvenile inmates, summon related persons to question them, or order probation officers under his or her jurisdiction to investigate necessary matters, when deemed necessary. |
[This Article Wholly Amended on May 28, 2009]
| Article 27 (Environment Improvement Programs) |
| (1) | The head of a probation office may improve the environment of inmates by receiving their consent or obtaining cooperation from their family members or related persons, when deemed necessary to promote the sound reentry of inmates to society in the course of a background investigation referred to in Article 26. |
| (2) | The head of a probation office may request the head of an institutional corrections facility to provide cooperation, such as interviewing inmates, when deemed necessary to implement environment improvement programs referred to in paragraph (1). |
| (3) | The head of a probation office shall notify the head of an institutional corrections facility and a Review Commission having jurisdiction over the location of a institutional corrections facility of the outcomes of environment improvement programs referred to in paragraph (1). |
[This Article Wholly Amended on May 28, 2009]
| Article 28 (Investigations for Probation of Adult Inmates) |
| (1) | Where the head of a prison, detention center or juvenile prison requests a Parole Review Committee to review whether the adults, who have been sentenced to imprisonment with or without labor or heavier punishment (hereinafter referred to as "adult inmates"), are eligible for parole under Article 121 of the Administration and Treatment of Correctional Institution Inmates Act, he or she shall send the lists of persons subject to review of eligibility for parole and a written investigation into their personal matters, to a Review Commission having jurisdiction over the location of the correctional institution, detention center or juvenile correctional institution, when making such request. |
| (2) | Where a Review Commission receives the lists of persons subject to review of eligibility for parole and a written investigation into their personal matters from the head of a correctional institution, detention center or juvenile correctional institution, it may interview the relevant adult inmates to directly investigate the matters referred to in Article 26 (2), the risk of recidivism of adult inmates after release and the adaptability to society (hereinafter referred to as "investigation for probation"); or request the head of a probation office having the jurisdiction over the location of a correctional institution, detention center or juvenile correctional institution or a place, in which the relevant adult inmates, etc. are expected to reside, to conduct an investigation for probation by sending relevant materials to him or her. |
| (3) | The head of a probation office in receipt of a request to conduct an investigation for probation referred to in paragraph (2) shall conduct such investigation, without delay, and notify the Review Commission of the outcomes thereof. |
| (4) | Upon request from a Review Commission or the head of a probation office to provide necessary cooperation, such as interviewing adult inmates for investigation for probation, the head of a correctional institution, detention center or juvenile correctional institution shall comply with such request. |
[This Article Wholly Amended on May 28, 2009]
| Article 29 (Commencement and Reports of Probation) |
| (1) | Probation shall commence when the ruling or decision of the court becomes final and conclusive or inmates are paroled or provisionally released. |
| (2) | Persons subject to probation shall report their residence, occupations, life plans and other necessary matters to the head of the competent probation office, as prescribed by Presidential Decree. |
[This Article Wholly Amended on May 28, 2009]
| Article 30 (Period of Probation) |
Each person subject to probation shall be put on probation for any of the following periods:
| 1. | A person under suspension of sentence on condition of probation: One year; |
| 2. | A person under suspension of execution of punishment on condition of probation: A period of the suspended execution: Provided, That where the court separately determines a period of probation, such period; |
| 4. | A provisionally-released person: A period prescribed by a Review Commission, within at least six months but not more than two years from the date of provisional release; |
| 6. | A person on probation prescribed by this Act under any other statutes: A period prescribed by the relevant statutes. |
[This Article Wholly Amended on May 28, 2009]
| Article 31 (Persons in Charge of Probation) |
Probation officers belonging to a probation office having the jurisdiction over the location of persons subject to probation shall take charge of probation.
[This Article Wholly Amended on May 28, 2009]
| Article 32 (Matters to Be Observed by Persons on Probation) |
| (1) | Persons on probation shall observe orders under the guidance and surveillance of probation officers and endeavor to become normal members of society on their own. |
| (2) | Persons on probation shall observe the following matters: |
| 1. | They shall live in a residential area and have an occupation; |
| 2. | They shall quit bad habits leading to crimes and perform good deeds and shall not acquaint or socialize with persons likely to commit a crime; |
| 3. | They shall observe the guidance and surveillance of probation officers and meet and talk with probation officers visiting them; |
| 4. | They shall report to probation officers in advance, when they change their residence or take a trip at home or abroad for at least one month. |
| (3) | The court and/or Review Commission may order persons on probation to especially observe the following matters by determining a period within the period of probation, when necessary, in light of the details and types of crimes and their characteristics, other than matters to be observed under paragraph (2), when it declares a ruling or notifies decisions: |
| 1. | They shall abide to a curfew, including at night, likely to create an opportunity or impulse to repeat violations; |
| 2. | They shall not access specific regions or places, likely to create an opportunity or impulse to repeat violations; |
| 3. | They shall refrain from contact with specific potential victims of crimes; |
| 4. | They shall endeavor to recover damage from crimes; |
| 5. | They shall live at a directed place; |
| 6. | They shall refrain from engaging in speculative activities; |
| 7. | They shall not consume alcoholic beverages in excess of a specific amount; |
| 8. | They shall not use addictive substances, such as narcotics; |
| 9. | They shall undergo tests on whether they have injected, smoked or taken narcotics specified in the Narcotics Control Act; |
| 10. | Other matters prescribed by Presidential Decree as deemed necessary to prevent persons on probation from repeating violations. |
| (4) | A court may fully or partially add, revise, or delete matters to be observed under paragraph (2) or (3) upon request of the head of a probation office or prosecutors, and a Review Commission may fully or partially add or revise such matters upon request of the head of a probation office, if a person on probation fails to observe such matters or if there exists any change in extenuating circumstances. <Amended on Apr. 16, 2019> |
| (5) | Matters to be observed under paragraphs (2) through (4) shall be notified in writing. |
[This Article Wholly Amended on May 28, 2009]
| Article 33 (Guidance and Surveillance) |
| (1) | Probation officers shall offer guidance and conduct surveillance necessary to prevent recidivism by persons subject to probation and promoting their sound rehabilitation to the society. |
| (2) | The methods of guidance and surveillance under paragraph (1) shall be as follows: |
| 1. | To maintain close contact with persons subject to probation to observe their behaviors and environment; |
| 2. | To offer guidance suitable for implementing matters to be observed under Article 32 to persons subject to probation; |
| 3. | To take necessary measures for sound rehabilitation into society of persons subject to probation. |
[This Article Wholly Amended on May 28, 2009]
| Article 33-2 (Classification and Treatment) |
| (1) | The head of a probation office shall treat persons subject to probation based on the classification according to the methods and standards of guidance and surveillance in consideration of their individual characteristics, such as the details of crimes and the risks of recidivism. |
| (2) | Necessary matters concerning classification and treatments under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on May 28, 2009]
| (1) | When persons subject to probation make self-help efforts, probation officers shall provide appropriate relief deemed necessary for their betterment and self-reliance. |
| (2) | The methods of relief under paragraph (1) shall be as follow: |
| 1. | Offering accommodation and providing them with vocational guidance; |
| 2. | Providing them with vocational training; |
| 3. | Improving their environment; |
| 4. | Offering assistance necessary for the sound rehabilitation to the society of persons subject to probation. |
[This Article Wholly Amended on May 28, 2009]
| Article 35 (Emergency Relief) |
The head of a probation office may offer necessary relief to persons subject to probation, as prescribed by Presidential Decree, when they suffer injuries or diseases, or there exist other urgent grounds.
[This Article Wholly Amended on May 28, 2009]
| Article 36 (Assistance and Cooperation from Rehabilitation Service Operators) |
The head of a probation office may request the State, or public institutions, persons permitted to engage in a rehabilitation service under Article 67 (1), the Korea Rehabilitation Agency under Article 71, or other organizations to provide accommodation or other appropriate assistance and cooperation, when necessary for relief under Article 34 and emergency relief under Article 35. In such cases, expenses incurred shall be reimbursed by the State within budgetary limits. [This Article Wholly Amended on Dec. 26, 2008]
| Article 36-2 (Cooperation for Medical Treatment of Persons with Mental Illness on Probation) |
| (2) | Where the probation of a person with mental illness on probation under paragraph (1) is terminated, the head of a probation office may give notice accordingly to the head of a police agency or the head of a local government having jurisdiction over the domicile of the person with mental illness on probation, following review by a Review Commission. |
| (3) | Where a Review Commission reviews whether it is appropriate to give notice that the probation of a person with mental illness on probation is terminated under paragraph (2), it shall review and determine whether efforts to prevent recidivism are required or he or she needs to be in treatment. |
| (4) | Necessary matters regarding the specific scope of information notified pursuant to paragraph (2), methods and procedures for providing information, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jul. 20, 2021]
| Article 37 (Investigation of Persons Subject to Probation) |
| (1) | The head of a probation office may summon persons subject to probation or other related persons to crossexamine them or order probation officers under his or her control to investigate necessary matters, when deemed necessary for probation. |
| (2) | The head of a probation office may request the State or public institutions or other organizations to verify facts, allow him or her to read related materials or provide other cooperation, when deemed necessary for probation. |
| (3) | Persons in charge of duties under paragraphs (1) and (2) shall ensure the security of any confidential information they become aware of in the course of performing their duties, respect the human rights of persons subject to probation and related persons and make sure that nothing obstructs the sound rehabilitation to the society of persons subject to probation. |
[This Article Wholly Amended on May 28, 2009]
When persons subject to probation violate matters to be observed under Article 32 or there exist reasonable grounds to believe that they are likely to violate such matters, the head of a probation office may urge them to observe such matters and warn them that they may receive unfavorable treatment, such as punishment. [This Article Wholly Amended on May 28, 2009]
| (1) | Where persons subject to probation have violated matters to be observed under Article 32 or there exist reasonable grounds to believe that they have violated such matters and there are reasons falling under any of the following subparagraphs, the head of a probation office may receive arrest warrant from judge of the competent local court, upon the request of prosecutor, after asking prosecutors of the competent district public prosecutor's office to do so, and arrest persons subject to probation: |
| 1. | When they have no permanent address; |
| 2. | When they fail to comply with summons under Article 37 (1); |
| 3. | When they have escaped or are likely to escape. |
| (2) | Arrest warrants under paragraph (1) shall be executed by probation officers under the guidance of prosecutors: Provided, That when it is difficult for a probation officer to execute arrest warrant, they may allow a judicial police officer to execute such warrant. |
[This Article Wholly Amended on May 28, 2009]
| Article 40 (Immediate Arrest) |
| (1) | Where a person subject to probation who has failed to observe the matters referred to in Article 32 falls under Article 39 (1) and it is impracticable to issue arrest warrants under Article 39 due to urgency, the head of a probation office may arrest the person subject to probation without arrest warrants by giving notice to him or her. In such cases, urgency means the lack of time to issue arrest warrants, such as where he or she finds persons subject to probation accidentally. |
| (2) | Where the head of a probation office arrests a person subject to probation under paragraph (1), he or she shall prepare an immediate arrest warrant and immediately obtain approval from a prosecutor of the competent district public prosecutor's office. |
| (3) | Where the head of a probation office fails to obtain approval under paragraph (2), he or she shall immediately release a person subject to probation. |
[This Article Wholly Amended on May 28, 2009]
| Article 41 (Period of Arrest) |
When the head of a probation office arrests persons subject to probation under Article 39 or 40, he or she shall release them within 48 hours from the time of arrest, except where he or she makes a request for permission for detention pursuant to Article 42: Provided, That where he or she fails to obtain permission for detention under Article 42 (2), he or she shall, immediately, release the persons subject to probation. <Amended on Dec. 30, 2014> [This Article Wholly Amended on May 28, 2009]
| (1) | The head of a probation office may detain persons subject to probation, who are arrested under Article 39 or 40, in institutional corrections facilities or a juvenile classification review institute, when deemed necessary to file the following requests: <Amended on Apr. 16, 2019> |
| 1. | Request to invalidate a suspension of sentence (excluding punishment of a fine) or the revocation of a suspension of execution, on condition of probation under Article 47; |
| 2. | Request to revoke parole or provisional release under Article 48; |
| (2) | Where the head of a probation office intends to detain persons subject to probation pursuant to paragraph (1), he or she shall file a request with a prosecutor and obtain permission from the judge of a competent local court at the request of the prosecutor. In such cases, the prosecutor shall file a request for permission for detention within 48 hours from the time the persons subject to probation are arrested. <Amended on Dec. 30, 2014> |
| (3) | The head of a probation office shall file a request pursuant to paragraph (1), within 24 hours after he or she obtains permission for detention. |
| (4) | When a prosecutor in receipt of a request under paragraph (1) 1 from the head of a probation office deems that grounds for such request are reasonable, he or she shall file a request with the competent local court to invalidate a suspension of sentence or revoke a suspension of execution on condition of probation within 48 hours after receiving such application. |
[This Article Wholly Amended on May 28, 2009]
| Article 43 (Period of Detention) |
| (1) | A period of detention referred to in Article 42 shall be 20 days from the date an arrest is made pursuant to Article 39 (1) or 40 (1). <Amended on Dec. 30, 2014> |
| (2) | In cases of an application made under Article 42 (1) 1 or 3, the court may extend a period of detention only once by up to 20 days by instance, when deemed necessary for examination. |
| (3) | In cases of an application made under Article 42 (1) 2, the head of a probation office may extend a period of detention only once by up to 10 days, by filing an application with a prosecutor and obtaining permission from the judge of the competent local court at the request of the prosecutor, when necessary for examination by the examination committee. |
[This Article Wholly Amended on May 28, 2009]
| Article 44 (Cancellation of Detention) |
The head of a probation office shall cancel detention in any of the following cases and immediately release persons on probation:
| 1. | Where a prosecutor dismisses an application submitted by the head of a probation office under Article 47 (1); |
| 2. | Where the court dismisses a request from a prosecutor under Article 47 (1); |
| 3. | Where a Review Commission dismisses an application submitted by the head of a probation office under Article 48; |
| 4. | Where the Minister of Justice does not permit an application submitted by a Review Commission under Article 48; |
| 5. | Where the court dismisses an application submitted by the head of a probation office under Article 49. |
[This Article Wholly Amended on May 28, 2009]
| Article 45 (Including Detention Period in Term of Punishment) |
When a suspension of sentence is invalidated or suspension of execution or parole is revoked, on condition that persons detained under Article 42 be put on probation, the period of detention shall be included in the term of punishment. [This Article Wholly Amended on May 28, 2009]
| Article 45-2 Deleted. <Apr. 16, 2019> |
| Article 46 (Provisions Applicable Mutatis Mutandis) |
The provisions of Articles 72, 75, 82, 83, 85 (1), (3) and (4), 86, 87, 89, 204, 214-2 and 214-3 of the Criminal Procedure Act shall apply mutatis mutandis to the arrest or detention of persons subject to probation. [This Article Wholly Amended on May 28, 2009]
SECTION 5-2 Protective Equipment
| Article 46-2 (Use of Protective Equipment) |
| (1) | Where a person subject to probation falls under any of the following cases, and where a public official affiliated with a probation office has reasonable grounds in the course of performing his or her duties, he or she may use protective equipment prescribed in Article 46-3 (1): |
| 1. | Where a person subject to probation, who is arrested or immediately arrested pursuant to Article 39 or 40, is taken to a probation office or is escorted to an institutional corrections facility, etc.; |
| 2. | Where a person subject to probation, who is arrested or immediately arrested pursuant to Article 39 or 40, has fled or is likely to flee; |
| 3. | Where he or she hinders the lawful performance of the duties of a public official affiliated with a probation office by the use of force; |
| 4. | Where he or she is highly likely to commit suicide or cause harm to himself or herself, or to other persons; |
| 5. | Where he or she is highly likely to destroy a probation office's facilities, devices, etc. or to present a threat to the security or order of the facilities. |
| (2) | Where protective equipment is used against a person subject to probation, his or her age, physical and mental health status, situations in which probation is supervised, etc. shall be taken into consideration. |
| (3) | Other necessary matters regarding the procedures, methods, etc. for the use of protective equipment shall be prescribed by Ordinance of the Ministry of Justice. |
[This Article Newly Inserted on Apr. 16, 2019]
| Article 46-3 (Types of Protective Equipment and Requirements for Use) |
| (1) | The types of protective equipment are as follows: |
| 5. | Electronic shock machines. |
| (2) | The requirements for the use of each type of protective equipment are as follows: |
| 1. | Handcuffs, ropes, and protection belts: falling under any of Article 46-2 (1) 1 through 5; |
| 2. | Gas guns: falling under any of Article 46-2 (1) 2 through 5; |
| 3. | Electronic shock machines: used for emergency in any of the cases falling under Article 46-2 (1) 2 through 5, where the intended purposes cannot be achieved with other protective equipment. |
[This Article Newly Inserted on Apr. 16, 2019]
| Article 46-4 (Notice of Use of Protective Equipment) |
| (1) | In the case of use of protective equipment under Article 46-3 (1) 1 through 3, the person subject to probation shall be notified of the grounds therefor: Provided, That if there is no time to give notice in emergency situations, such notice shall be immediately given after the use of protective equipment. |
| (2) | In the case of use of protective equipment under Article 46-3 (1) 4 and 5, advance warning shall be given to the other party concerning the use thereof: Provided, That this shall not apply if there is no time to give such warning in emergency situations. |
[This Article Newly Inserted on Apr. 16, 2019]
| Article 46-5 (Prohibition of Unregulated Use of Protective Equipment) |
Protective equipment under Article 46-3 (1) shall be used as minimum as possible, and its use shall be halted, without delay, if no longer needed. [This Article Newly Inserted on Apr. 16, 2019]
SECTION 6 Termination of Probation
| Article 47 (Invalidating Suspension of Sentence or Revoking Suspension of Execution on Condition of Probation) |
[This Article Wholly Amended on May 28, 2009]
| Article 48 (Revocation of Parole and Provisional Release) |
| (1) | When persons released on parole or provisionally released fail to observe the matters referred to in Article 32 during the period of probation and it is deemed inappropriate to keep them on probation due to their gross violations, a Review Commission may review and determine the revocation of parole and provisional release, either ex officio or upon request of the head of a probation office. |
| (2) | Where a Review Commission makes a decision that the revocation of parole or provisional release is appropriate in the course of review under paragraph (1), it shall request the Minister of Justice to permit such decision by attaching related documents to a written decision and where the Minister of Justice deems that decision by a Review Commission is reasonable, he or she may permit such decision. |
[This Article Wholly Amended on May 28, 2009]
| Article 49 (Revision of Protective Disposition) |
| (1) | When persons, who are put on probation in accordance with a protective disposition under Article 32 (1) 4 or 5 of the Juvenile Act, violate matters to be observed under Article 32 during the period of probation and it is deemed inappropriate to keep them on probation due to their gross violations, the head of a probation office may request the court having the jurisdiction over the location of a probation office to revise a protective disposition. |
| (2) | When a protective disposition under paragraph (1) is revised, the provisions of protection cases under Chapter II of the Juvenile Act shall apply to cases where a person subject to a request is aged 19 or more years, notwithstanding the provisions of Articles 2 and 38 (1) of the Juvenile Act. |
[This Article Wholly Amended on May 28, 2009]
| Article 50 (Termination of Indeterminate Sentence) |
| (1) | When a short term sentence elapses for a person on parole after being sentenced under Article 60 (1) of the Juvenile Act, and the purposes of probation are deemed achieved, a Review Commission may determine that the execution of sentence is complete, either ex officio or upon request of the head of a probation office, even before a period determined under Article 66 of the same Act. |
| (2) | When the period of probation elapses for persons provisionally released and provisional release is not revoked, they shall be deemed to be released. |
[This Article Wholly Amended on May 28, 2009]
| Article 51 (Termination of Probation) |
| (1) | When a person on probation falls under any of the following subparagraphs, such probation shall be terminated: <Amended on Dec. 30, 2014; Apr. 16, 2019> |
| 1. | When the period of probation expires; |
| 3. | When parole or provisional release is invalidated or revoked under Article 48 or other statutes; |
| 4. | When a protective disposition is revised under Article 49; |
| 5. | When a decision is made to terminate an indeterminate sentence under Article 50; |
| 6. | When persons provisionally released, for whom probation is suspended under Article 53, reach the age referred to in Article 43 (1) of the Act on the Treatment of Protected Juvenile; |
| 7. | When probation is revised, revoked or terminated under other statutes. |
| (2) | Where a person subject to probation is subject to imprisonment without labor or heavier punishment during the period of probation, the period during which such person is placed on probation shall run during the period of the execution of such punishment, and where the execution of the relevant punishment is completed or exempted, or where he or she is released on parole, the person shall remain on probation during the remainder of his or her probation period. <Newly Inserted on Apr. 16, 2019> |
[This Article Wholly Amended on May 28, 2009]
| Article 52 (Temporary Revocation) |
| (1) | When a person on probation obtains good records, the Review Commission may temporarily revoke his or her probation, either ex officio or upon request of the head of a probation office. |
| (2) | No person shall be put on probation during the period of temporary revocation: Provided, That persons on probation shall continue to observe orders. |
| (3) | When it is deemed appropriate to put persons, for whom a decision has been made to temporarily revoke probation, on probation again, the Review Commission may cancel the decision of temporary revocation, either ex officio or upon request of the head of a probation office. |
| (4) | When the decision of temporary revocation is cancelled under paragraph (3), the period of temporary revocation shall be included in the period of probation. |
[This Article Wholly Amended on May 28, 2009]
| Article 53 (Suspension of Probation) |
| (1) | When it is impracticable to keep a person, released on parole or provisionally released, on probation due to a lack of information about their whereabouts, a Review Commission may make a decision to suspend probation, either ex officio or upon request of the head of a probation office (hereinafter referred to as "decision to suspend probation"). |
| (2) | When a Review Commission becomes aware of the whereabouts of persons, for whom probation is suspended under paragraph (1), it shall immediately make a decision to revoke such suspension (hereinafter referred to as the "decision to revoke the suspension of probation"). |
| (3) | When persons, for whom probation is suspended, are arrested under Article 39 or 40, a decision to revoke the suspension of probation is deemed to be made from the date on which they are arrested. |
| (4) | A period of punishment and a period of probation shall be suspended from the date on which a decision to suspend probation is made and resume from the date on which a decision to revoke the suspension of probation is made. |
| (5) | When the whereabouts of persons on probation are unknown due to any cause not attributable to persons on probation, such as natural disasters or other extenuating circumstances, after a decision to suspend probation is made under paragraph (1), a Review Commission shall revoke such decision. In such cases, the decision to suspend probation shall be deemed nonexistence. |
[This Article Wholly Amended on May 28, 2009]
SECTION 7 Transfer of Probation Cases
| Article 54 (Confidential Information and Refusal to Give Testimony) |
When former or current employees of a Review Commission or probation office, are questioned as witnesses under other statutes, they may refuse to testify confidential information of a third party, which they become aware of in the course of performing their duties: Provided, That the same shall not apply where the relevant third parties give their consent or where necessary for the significant public interest.
[This Article Wholly Amended on May 28, 2009]
| Article 55 (Transfer of Probation Cases) |
When a person subject to probation has relocated his or her domicile, the head of the competent probation office may transfer the probation case to the head of a probation office having the jurisdiction over his or her new domicile.
[This Article Wholly Amended on May 28, 2009]
| Article 55-2 (Receipt of Donations) |
| (1) | The head of a probation office may receive money and goods voluntarily donated to the probation office by institutions, organizations, or individuals for the relief of persons subject to probation. |
| (2) | Issuance of receipts to donors, designation of use of donations, perusal of books, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 7, 2014]
| Article 55-3 (Notification of Termination of Probation) |
| (1) | Where deemed necessary to prevent recidivism by a parolee who committed any of the following crimes when the probation of such parolee is terminated, the head of a probation office may notify the head of a police agency having jurisdiction over the parolee's dwelling, of the termination of his or her probation, etc.: <Amended on Dec. 27, 2016; Feb. 4, 2020> |
| 2. | Any of the following crimes: |
| (c) | A crime defined under item (a) or (b), punishable cumulatively pursuant to other statutes; |
| 4. | Any of the following crimes: |
| (d) | A crime defined under items (a) through (c), punishable cumulatively pursuant to other statutes; |
| 5. | A crime defined under Article 58, Article 59 and Article 60 of the Narcotics Control Act (excluding a crime defined under Article 59 (1) 3, 5, 9 and 12; a crime of giving and receiving, holding, possessing, using, controlling, preparing, dosing, supplying psychotropic drugs; or a crime of issuing a prescription of psychotropic drugs, among crimes under Article 60 (1) 2); a crime defined under Article 6, Article 7, Article 8 and Article 9 of the Act on Special Cases concerning the Prevention of Illegal Trafficking in Narcotics; and a crime defined under Article 11 of the Act on the Aggravated Punishment of Specific Crimes. |
| (2) | Matters to be notified by the head of a probation office pursuant to paragraph (1) shall be as follows: |
| 2. | Resident registration number; |
| 6. | Date of termination of probation. |
| (3) | Matters necessary for the procedures, etc. of notification under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 30, 2014]
| Article 55-4 (Requests for Access to Criminal Records) |
| (1) | If necessary for investigating whether a person whose probation was terminated under this Act has recommitted a crime and for evaluating the effects of a probation order, the Minister of justice may request access to the criminal history record and investigation record about the person from a related agency for three years from the termination of such probation per. |
| (2) | Upon receipt of a request under paragraph (1), the head of a related agency shall not refuse such request without good cause. |
[This Article Newly Inserted on Apr. 16, 2019]
| Article 56 (Special Case of Persons Subject to Military Act) |
[This Article Wholly Amended on May 28, 2009]
| Article 57 (Application Mutatis Mutandis of Criminal Procedure Act) |
The Criminal Procedure Act shall apply mutatis mutandis to probation to the extent not contrary to the nature, unless special provisions exist to the contrary in this Act. [This Article Wholly Amended on May 28, 2009]
| Article 58 (Partial Exclusion of Application from Administration and Treatment of Correctional Institution Inmates Act) |
[This Article Wholly Amended on May 28, 2009]
CHAPTER IV PROVIDING COMMUNITY SERVICE AND UNDERGOING EDUCATION
| Article 59 (Scope of Orders to Provide Community Service and Undergo Education) |
| (1) | Each court, which issues an order to provide community service under Article 62-2 of the Criminal Act or an order to undergo education, shall determine a period of providing community service by up to 500 hours and a period of undergoing education by up to 200 hours, respectively: Provided, That when other statutes provide otherwise, it shall be governed by the relevant statutes. |
| (2) | In cases falling under paragraph (1), the court may designate the types, places, etc. of community service or education. |
[This Article Wholly Amended on May 28, 2009]
| Article 60 (Notification of Ruling) |
| (1) | The court shall send the certified copies of written rulings and documents, in which matters to be observed are written, to the head of a probation office having the jurisdiction over the domicile of defendants, within three days after a ruling issuing an order to provide community service or undergo education under Article 62-2 of the Criminal Act is finalized. |
| (2) | The court may attach its opinions or other reference materials necessary for the execution of an order to provide community service or undergo education to documents, etc. under paragraph (1). |
| (3) | The court or the head of the court may request the head of a probation office notified under paragraph (1) to report the execution of orders to provide community service or undergo education. |
[This Article Wholly Amended on May 28, 2009]
| Article 61 (Persons in Charge of Execution of Orders to Provide Community Service or Undergo Education) |
| (1) | Each probation officer shall execute orders to provide community service or undergo education: Provided, That a probation officer may fully or partially entrust such execution to the State or public institutions and other organizations. |
| (2) | When probation officers entrust the execution of orders to provide community service or undergo education to the State or public institutions and other organizations, they shall notify the court or the head of the court of such fact. |
| (3) | The court may order public officials under its jurisdiction to investigate and report whether community service, education facilities or education are appropriate for the correction and betterment of persons obliged to provide community service or undergo education, as well as the operation thereof, and may revoke the entrustment of execution of orders to provide community service or undergo education, when deemed unsuitable. |
| (4) | Probation officers may request the State or public institutions or other organizations to provide cooperation, when deemed necessary for the execution of orders to provide community service or undergo education. |
[This Article Wholly Amended on May 28, 2009]
| Article 62 (Matters to Be Observed by Persons Obliged to Provide Community Service or Undergo Education) |
| (1) | Persons obliged to provide community service or undergo education shall report their residence, occupations and other necessary matters to the head of the competent probation office, as prescribed by Presidential Decree. |
| (2) | Persons obliged to provide community service or undergo education shall observe the following matters: |
| 1. | They shall follow instructions concerning execution by probation officers; |
| 2. | They shall report to probation officers in advance, when they relocate domicile or take a trip at home or abroad for not less than one month. |
| (3) | The court may separately require persons obliged to provide community service or undergo education to observe matters in particular, other than matters to be observed under paragraph (2), in consideration of the characteristics of persons, within the scope prescribed by Presidential Decree, when it pronounces a sentence. |
| (4) | Matters to be observed under paragraphs (2) and (3) shall be notified in writing. |
[This Article Wholly Amended on May 28, 2009]
| Article 63 (Completion of Providing Community Service or Undergoing Education) |
| (1) | When a person obliged to provide community service or undergo education falls under any of the following cases, such community service or education shall be terminated: <Amended on Dec. 30, 2014; Apr. 16, 2019> |
| 1. | When the execution of orders to provide community service or undergo education is complete; |
| 2. | When the period of a suspension of execution expires; |
| 4. | When an order of providing community service or undergoing education is revised, revoked or terminated pursuant to other statutes. |
| (2) | Where a person obliged to provide community service or undergo education is subject to imprisonment without labor or heavier punishment while he or she complies with an order to provide community service or undergo education, he or she shall continue to comply with the order where the execution of the relevant punishment is completed or exempted, or where he or she is released on parole. <Newly Inserted on Apr. 16, 2019> |
[This Article Wholly Amended on May 28, 2009]
| Article 64 (Provisions to Be Applied Mutatis Mutandis) |
| (1) | The provisions of Articles 34 through 36, 54, 55, 55-4, 56, and 57 shall apply mutatis mutandis to persons ordered to provide community service or undergo education. <Amended on Dec. 30, 2014; Apr. 16, 2019> |
| (2) | The provisions of Articles 37 through 45, 46, 46-2 through 46-5, 47 and 49 shall apply mutatis mutandis to warning, arrests, detention, revocation of a suspension execution, or revision of a protective disposition, due to violation of orders or compliances by persons ordered to provide community service or undergo education. <Amended on Apr. 16, 2019> |
[This Article Wholly Amended on May 28, 2009]
SECTION 1 Methods and Commencement of Rehabilitation
| Article 65 (Methods of Providing Rehabilitation Services) |
| (1) | Rehabilitation services shall be provided by any of the following methods: <Amended on May 20, 2014> |
| 1. | Providing room and board; |
| 3. | Business start-up assistance; |
| 4. | Vocational training or job placement services; |
| 5. | Counseling services prior to the release of prisoners; |
| 6. | Support for family members of persons eligible for rehabilitation; |
| 7. | Psychologic counseling and psychotherapy; |
| 9. | Other support for the self-reliance of persons eligible for rehabilitation. |
| (2) | Details about the matters referred to in the subparagraphs of paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | The Korea Rehabilitation Agency under Article 71 or any person permitted to engage in a rehabilitation service under Article 67 may establish and operate facilities for rehabilitation under the subparagraphs of paragraph (1). |
| (4) | Standards for rehabilitation facilities referred to in paragraph (3) shall be prescribed by Ordinance of the Ministry of Justice. |
[This Article Wholly Amended on May 28, 2009]
| Article 66 (Application for Rehabilitation and Measures) |
| (1) | Persons eligible for rehabilitation and related institutions may apply for rehabilitation to the head of a probation office, a person who has obtained permission to engage in a rehabilitation service under Article 67 (1) or the Korea Rehabilitation Agency under Article 71. |
| (2) | Any person upon receipt of an application under paragraph (1) shall determine whether rehabilitation is necessary, without delay, and determine the methods of rehabilitation, when he or she has decided to provide rehabilitation. |
| (3) | When any person upon receipt of an application under paragraph (1) determines to provide rehabilitation under paragraph (2), he or she shall take necessary measures for rehabilitation, without delay. |
[This Article Wholly Amended on May 28, 2009]
SECTION 2 Rehabilitation Service Provider
| Article 67 (Permission for Rehabilitation Service) |
| (1) | Any person who intends to conduct a rehabilitation service shall obtain permission from the Minister of Justice, as prescribed by Ordinance of the Ministry of Justice. The same shall apply to revisions to permitted matters. |
| (2) | The Minister of Justice may determine the scope of business and the period of permission or attach other necessary conditions, when he or she grants permission to engage in a rehabilitation service. |
[This Article Wholly Amended on May 28, 2009]
| Article 68 (Standards of Permission) |
The Minister of Justice shall not grant permission for a rehabilitation service to any applicant who fails to satisfy any of the following standards:
| 1. | They shall have economic capacity necessary for a rehabilitation service; |
| 2. | They shall have social confidence; |
| 3. | The organization of a rehabilitation service and the standards of accounting shall be disclosed. |
[This Article Wholly Amended on May 28, 2009]
| Article 69 (Duties to Report) |
Any person who has obtained permission to engage in a rehabilitation service (hereinafter referred to as "service provider") shall report business plans of the next year, the accounting of the previous year and business performance to the Minister of Justice, as prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended on May 28, 2009]
| Article 70 (Revoking Permission for Rehabilitation Service) |
When a service provider falls under any of the following circumstances, the Minister of Justice may revoke permission for providing services or order them to fully or partially suspend services for a prescribed period of up to six months: Provided, That in cases falling under subparagraph 1 or 4, such permission shall be revoked:
| 1. | When he or she has obtained permission to engage in rehabilitation service by improper means; |
| 2. | When he or she has violated any of the conditions of permission to engage in rehabilitation service; |
| 3. | When he or she provided services other than purpose services; |
| 4. | When he or she fails to commence rehabilitation service within six months after he or she obtains permission to engage in rehabilitation service, or he or she has no record of performance of rehabilitation service for at least a year without just cause; |
| 5. | When he or she has falsely filed a report under Article 69; |
| 6. | When he or she has violated this Act or an order issued under this Act. |
[This Article Wholly Amended on May 28, 2009]
Where the Minister of Justice intends to revoke or suspend permission for rehabilitation service pursuant to Article 70, he or she shall hold a hearing. <Amended on May 20, 2014> [This Article Wholly Amended on May 28, 2009]
SECTION 3 Korea Rehabilitation Agency
| Article 71 (Establishment of Korea Rehabilitation Agency) |
There shall be established the Korea Rehabilitation Agency (hereinafter referred to as "Agency") to efficiently promote rehabilitation programs.
[This Article Wholly Amended on Dec. 26, 2008]
| Article 72 (Corporate Entity) |
The Agency shall be a legal entity.
[This Article Wholly Amended on May 28, 2009]
| (1) | The location of the main office of the Agency shall be prescribed by the articles of association. |
| (2) | The Agency may establish its branch offices wherever necessary under the articles of association. |
[This Article Wholly Amended on May 28, 2009]
| Article 74 (Articles of Association) |
| (1) | The Agency's articles of association shall include the following matters: |
| 3. | Matters concerning its main office and branch offices; |
| 4. | Matters concerning funds; |
| 5. | Matters concerning executive officers and employees; |
| 6. | Matters concerning the board of directors; |
| 7. | Matters concerning duties; |
| 8. | Matters concerning assets and accounting; |
| 9. | Matters concerning public announcement; |
| 10. | Matters concerning revision to the articles of association; |
| 11. | Matters concerning enactment, revision or repeal of internal regulations. |
| (2) | When the Agency intends to revise the articles of association, it shall obtain authorization from the Minister of Justice. |
[This Article Wholly Amended on May 28, 2009]
| Article 75 (Registration) |
The Agency shall be duly formed by effecting registration at the registry for the area in which its main office is located.
[This Article Wholly Amended on May 28, 2009]
| Article 76 (Executive Officers and Their Terms of Office) |
| (1) | The Agency shall have up to 15 directors, including a chief director, and two auditors. <Amended on May 20, 2014> |
| (2) | The chief director shall be appointed by the Minister of Justice and his or her term of office shall be three years, renewable for further terms: Provided, That the chief director whose term of office has expired shall perform his or her duties until his or her successor is appointed. <Amended on May 20, 2014> |
| (3) | Directors shall be appointed or commissioned by the Minister of Justice, at the recommendation of the chief director, from among persons of learning and high moral repute, who have enthusiasm for rehabilitation programs, and their terms of office shall be three years, renewable for further terms: Provided, That the terms of office of public-official directors shall be the period during which they hold their official positions. |
| (4) | An auditor shall be appointed by the Minister of Justice, upon the recommendation of the chief director, and his or her term of office shall be two years, renewable for further terms. |
[This Article Wholly Amended on May 28, 2009]
| Article 77 (Duties of Executive Officers) |
| (1) | The chief director shall represent the Agency and exercise the overall control of its affairs. |
| (2) | An auditor shall audit the duties and accounting of the Agency. |
| (3) | Directors, other than the chief director, and an auditor may work part time. |
[This Article Wholly Amended on May 28, 2009]
| Article 78 (Grounds for Disqualification of Executive Officers) |
No one falling under any of the following subparagraphs shall be the executive officer of the Agency:
| 1. | Non-national of the Republic of Korea; |
[This Article Wholly Amended on May 28, 2009]
| Article 79 (Dismissal of Executive Officers) |
| (1) | When any executive office falls under any of the subparagraphs of Article 78, he or she shall retire from his or her office. |
| (2) | When any executive officer falls under any of the following subparagraphs, the Minister of Justice may dismiss him or her: |
| 1. | When he or she is deemed to have no enthusiasm for rehabilitation programs; |
| 2. | When he or she violates any of his or her duties or he or she is negligent in performing his or her duties; |
| 3. | When he or she is deemed to be ineligible to serve as an executive officer due to other grounds. |
[This Article Wholly Amended on May 28, 2009]
| Article 80 (Board of Directors) |
| (1) | The board of directors shall be established under the control of the Agency, so as to deliberate on and pass resolutions on major matters concerning the duties of the Agency. |
| (2) | The board of directors shall consist of the chief director and directors. |
| (3) | The chief director shall convene the board of directors and become its chairperson. |
| (4) | An auditor may attend meetings of the board of directors to state his or her opinions. |
[This Article Wholly Amended on May 28, 2009]
| Article 81 (Appointment or Dismissal of Employees) |
The employees of the Agency shall be appointed or dismissed by the chief director under the articles of association.
[This Article Wholly Amended on May 28, 2009]
| Article 82 (Projects of Agency) |
The Agency shall implement the following projects to achieve its objectives:
| 2. | Investigation, research, dissemination and publicity of the rehabilitation system; |
| 3. | Profit-making businesses for rehabilitation services; |
| 4. | Projects necessary for achieving the purposes of the Agency. |
[This Article Wholly Amended on May 28, 2009]
| Article 83 (Assets of Agency) |
The following property shall be the assets of the Agency:
| 1. | Real estate owned by the Agency and other property; |
| 3. | Proceeds generated from assets; |
[This Article Wholly Amended on May 28, 2009]
| Article 84 (Project Plans of Agency) |
| (1) | The fiscal year of the Agency shall coincide with that of the Government. |
| (2) | The Agency shall submit its project plan and budget for the next fiscal year to the Minister of Justice before each fiscal year commences, as prescribed by Ordinance of the Ministry of Justice, and obtain approval from him or her. The same shall apply to revisions to such plan. |
| (3) | The Agency shall submit details of its business performance and final accounts of the previous year to the Minister of Justice after each fiscal year ends, as prescribed by Ordinance of the Ministry of Justice. |
[This Article Wholly Amended on May 28, 2009]
| Article 85 (Receipt of and Reports on Donations) |
| (1) | The Agency may receive money and articles voluntarily donated by institutions, organizations, or individuals for rehabilitation programs. |
| (2) | The Agency shall report to the Minister of Justice, the receipt and handling of all donations received pursuant to paragraph (1). |
| (3) | The issuance of a receipt to donors, designation of the appropriation of donations, perusal of books, and other necessary matters, shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 30, 2014]
| Article 86 (Establishment of Rehabilitation Fund) |
There shall be established the Rehabilitation Fund (hereinafter referred to as "Fund") under the control of the Agency, so as to secure financial resources necessary for promoting rehabilitation programs.
[This Article Wholly Amended on May 28, 2009]
| Article 87 (Financial Resources of Fund) |
The Fund shall be constituted of the following financial resources:
| 1. | Profits generated from the operation of the fund; |
| 2. | Revenues generated from the projects of the Agency; |
| 3. | Donations under related statutes or regulations. |
[This Article Wholly Amended on May 28, 2009]
| Article 88 (Operation and Management of Fund) |
| (1) | The Fund shall be operated and managed by the Agency. |
| (2) | Necessary matters concerning the operation and management of the fund shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on May 28, 2009]
The Fund shall be used for projects falling under any subparagraph of Article 82. [This Article Wholly Amended on May 28, 2009]
| Article 90 (Borrowing Funds) |
The Agency may borrow funds at the expense of the Fund, after obtaining approval from the Minister of Justice, when deemed necessary for the operation of the Fund.
[This Article Wholly Amended on May 28, 2009]
| Article 91 (Handling Profits) |
When profits arise as the result of settlement of accounts for each business year, the Agency shall appropriate such profits for the supplementation of the loss brought forward and save the remainder for the Fund.
[This Article Wholly Amended on May 28, 2009]
| Article 92 (Provisions Applicable Mutatis Mutandis) |
The provisions of the Civil Act concerning an incorporated foundation shall apply mutatis mutandis to the Agency, except as otherwise provided for in this Act. [This Article Wholly Amended on May 28, 2009]
| Article 93 (Legal Fiction as Public Official in Application of Penalty Provisions) |
The executive officers and employees of the Agency shall be deemed public officials for the purposes of penalty provisions under the Criminal Act and other statutes. [This Article Wholly Amended on May 28, 2009]
SECTION 4 Support and Supervision of Rehabilitation Programs
The State or local governments may subsidize service providers and the Agency.
[This Article Wholly Amended on May 28, 2009]
| Article 95 (Tax Reduction or Exemption) |
[This Article Wholly Amended on May 28, 2009]
| Article 96 (Profit-Making Business) |
| (1) | When a service provider or the Agency intends to conduct a profit-making business for rehabilitation programs, he or she or it shall obtain approval from the Minister of Justice for each profit-making business. The same shall apply to revisions to such business. |
| (2) | When a business operator or the Agency engaged in a profit-making business uses profits therefrom for a non-rehabilitation program, the Minister of Justice may issue an order to correct or suspend such profit-making business. |
[This Article Wholly Amended on May 28, 2009]
| (1) | The Minister of Justice shall command and supervise business operators and the Agency. |
| (2) | The Minister of Justice may order business operators and the Agency to report matters concerning their duties and submit data, etc. or have public officials under his or her control investigate matters concerning the operation of business operators and the Agency, when necessary for supervising business operators and the Agency. |
| (3) | Public officials conducting an investigation under paragraph (2) shall carry a certificate indicating their authority and present it to relevant persons. |
[This Article Wholly Amended on May 28, 2009]
| Article 98 (Prohibition against Using Similar Names) |
| (1) | No person, other than the Agency under this Act, shall use the phrase "the Korea Rehabilitation Agency" in its name or similar names. |
| (2) | No person, other than a service provider under this Act, shall use the phrase "rehabilitation committee" in its name or similar names. |
[This Article Wholly Amended on May 28, 2009]
CHAPTER VI PENALTY PROVISIONS
| Article 99 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year, or by a fine not exceeding 10 million won: <Amended on Jan. 7, 2014>
| 1. | A person who engages in profit-making activities under the pretext of conducting rehabilitation service, without obtaining permission for rehabilitation service; |
| 2. | A person who engages in profit-making activities in violation of the purposes of rehabilitation service, by exploiting permission to engage in rehabilitation service; |
| 3. | A person who violates a suspension order under Article 70; |
| 4. | A person who violates an order under Article 96 (2). |
[This Article Wholly Amended on May 28, 2009]
| Article 100 (Joint Penalty Provisions) |
Where a representative of a corporation or an agent of, or employee of or others employed by of a corporation or individual commits an offence under Article 99, in connection with business of the corporation or the individual, not only shall such offender be punished accordingly, but the corporation or the individual also shall be punished by a fine under each relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention to and supervision over the relevant duties to prevent such violation. [This Article Wholly Amended on Dec. 26, 2008]
| Article 101 (Administrative Fines) |
| (1) | Any person who violates Article 98 shall be punished by an administrative fine not exceeding two million won. |
| (2) | Administrative fines referred to in paragraph (1) shall be imposed and collected by the Minister of Justice, as prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 26, 2008]
ADDENDA <Act No. 5178, Dec. 12, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Article 2 (Transitional Measures concerning Guiding Members and Rehabilitation Members)
Guiding members and rehabilitation members under the previous provisions, as at the time this Act enters into force, shall be deemed crime-prevention members under this Act.
Article 3 (Transitional Measures concerning Rehabilitation Service Providers)
Rehabilitation service providers, who have obtained permission under the previous provisions, at the time this Act enters into force shall be deemed to have obtained permission under this Act.
Article 4 (Transitional Measures concerning Korea Rehabilitation Corporation)
The Korea Rehabilitation Corporation, at the time this Act enters into force, shall be deemed the Korea Rehabilitation Corporation under this Act.
Article 5 Omitted.
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 7078, Jan. 20, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8722, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8723, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8728, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 9168, Dec. 26, 2008>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
ADDENDUM <Act No. 9748, May 28, 2009>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 10220, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 12189, Jan. 7, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 55-2 shall enter into force six months after the date of its promulgation. Article 2 (Transitional Measures concerning Change in Status of Standing Members of Probation Review Commission into Public Officials in Fixed Term Positions)
A standing member of a Probation Review Commission in active service as at the time this Act enters into force shall be deemed appointed as a public official in a fixed term position under Article 26-5 of the State Public Officials Act on the date this Act enters into force. In such case, his/her term of office shall be the remaining term of office as at the time of appointment as a standing member.
ADDENDA <Act No. 12590, May 20, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Term of Office of Chief Director)
Former provisions shall apply to the term of office of the chief director in active service as at the time this Act enters into force, notwithstanding the amended provisions of Article 76 (2).
ADDENDA <Act No. 12888, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 55-3 and 85 shall enter into force six months after the date of its promulgation. Article 2 (Applicability concerning Request for Background Investigation)
The request for a background investigation under the amended provisions of Article 26 (1) shall begin to apply to a person on whom protective disposition under Article 32 (1) 7 of the Juvenile Act is imposed after this Act enters into force. Article 3 (Applicability concerning Notification of Termination of Probation of Parolees)
Notification of termination, etc. of probation of a parolee pursuant to the amended provisions of Article 55-3 shall begin to apply to the termination of probation of a parolee who committed a crime falling under the subparagraphs of paragraph (1) of the amended provisions aforementioned after the amended provisions aforementioned enter into force. Article 4 (Transitional Measures concerning Release and Detention of Arrested Persons subject to Probation, Request for Permission for Detention and Period of Detention)
Notwithstanding the amended provisions of Articles 41 through 43, the former provisions shall apply to the release and detention, request for permission for detention and period of detention of persons subject to probation who are arrested pursuant to Article 39 or 40 before this Act enters into force.
ADDENDUM <Act No. 13712, Jan. 6, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14519, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 16313, Apr. 16, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 45-2, and 46-2 through 46-5 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Termination of Probation, Community Service and Education)
The amended provisions of Articles 51 and 63 shall also apply to persons who become subject to probation or are obliged to provide community service or undergo education before this Act enters into force. Article 3 (Applicability to Request for Access to Criminal History Records)
The amended provisions of Article 55-4 shall begin to apply to a person whose probation is terminated after this Act enters into force.
ADDENDA <Act No. 16923, Feb. 4, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 17505, Oct. 20, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 18299, Jul. 20, 2021>
This Act shall enter into force six months after the date of its promulgation.