CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters mandated by the Act on Electronic Monitoring and matters necessary for the enforcement thereof. <Amended on Jul. 30, 2009; May 31, 2013; Aug. 5, 2020>
| Article 2 (Components of Electronic Tracking Device) |
An electronic tracking device (hereinafter referred to as "electronic device") defined in subparagraph 4 of Article 2 of the Act on Electronic Monitoring (hereinafter referred to as the "Act") consists of the following: <Amended on Jul. 30, 2009; May 31, 2013; Feb. 13, 2018; Aug. 5, 2020> | 1. | A portable tracking device: A device a person fitted with an electronic device (hereinafter referred to as "electronic device wearer") carries on him or her to determine the location of an electronic device wearer; |
| 2. | A home monitoring unit: A device installed at the place of residence of an electronic device wearer to determine his or her location; |
| 3. | An ankle bracelet: A device attached to the body of an electronic device wearer, which sends a radio frequency signal to a portable tracking device and a home monitoring unit or determines his or her location. |
| Article 3 Deleted. <Sep. 14, 2021> |
CHAPTER II ATTACHMENT OF ELECTRONIC DEVICE AFTER COMPLETION OF SENTENCE
| Article 4 (Investigation) |
| (1) | To request the head of a probation office (including its branch office; hereinafter the same shall apply) to conduct an investigation pursuant to Article 6 (1) of the Act, a public prosecutor shall notify the head of the probation office of the personal information about a criminal suspect regarding whom he or she applies to the court for an order to attach an electronic device (hereinafter referred to as "order to attach an electronic device") under Article 5 (1) through (4) of the Act and a summary of the crime committed by the criminal suspect. In such cases, the public prosecutor may send reference materials prescribed by Ordinance of the Ministry of Justice to the head of the probation office. <Amended on Jul. 30, 2009; Jul. 12, 2010; May 31, 2013> |
| (2) | The head of a probation office may request the head of a correctional facility, juvenile correctional facility, detention center or military correctional facility, the head of a police agency or the head of an institute of forensic psychiatry (hereinafter referred to as "head of a detention center") to cooperate in an investigation under Article 6 (1) of the Act. In such cases, the head of a detention center shall provide cooperation, except under special circumstances. |
| Article 5 (Matters to be Stated in Application for Order to Attach Electronic Device and Method for Making Application) |
| (1) | "Other descriptions to identify the person subject to an application for an order to attach an electronic device" in Article 8 (1) 1 of the Act means the resident registration number, occupation, place of residence and place of registration of the person subject to an application for an order to attach an electronic device, and "matters prescribed by Presidential Decree" in subparagraph 4 of the aforesaid paragraph means the crime committed by the person subject to an application for an order to attach an electronic device. <Amended on Jul. 12, 2010> |
| (2) | Where a public prosecutor applies to the court for an order to attach an electronic devices when prosecuting a case, the public prosecute may additionally state the grounds for the application and the applicable provisions in the indictment instead of an application for an order to attach an electronic device. |
| Article 6 (Directions for Executing Order to Attach Electronic Device) |
Where the court rules to issue an order to attach an electronic device, a public prosecutor shall immediately send a document giving directions for attaching an electronic device under Article 12 (2) of the Act to the head of the probation office having jurisdiction over the place of residence of a person sentenced to wear an electronic device (hereinafter referred to as "person ordered to wear an electronic device").
| Article 7 (Execution of Order to Attach Electronic Device) |
| (1) | A probation officer shall execute an order to attach an electronic device after ascertaining a certified copy of the written ruling ordering a person to wear an electronic device, a document giving directions for executing the order to attach an electronic device under Article 12 (2) of the Act and other related documents. |
| (3) | An order to attach an electronic device shall be executed as follows: <Amended on Feb. 13, 2018> |
| 1. | A portable tracking device shall be provided for a person ordered to wear an electronic device to carry on him or her: Provided, That it need not be provided, if an ankle bracelet has a function determining the location of an electronic device wearer; |
| 2. | An ankle bracelet shall be attached to the ankle of a person ordered to wear an electronic device: Provided, That it may be attached to any other part of his or her body, if it's impossible to attach it to his or her ankle for a special reason; |
| 3. | A home monitoring unit shall be installed at the residence of a person ordered to wear an electronic device immediately after his or her release: Provided, That it need not be installed, if the person has no fixed abode or a reason exists making it difficult to install a home monitoring unit. |
| (4) | The head of a probation office may request cooperation from the head of a detention center, if necessary for a supervising probation officer to execute an order to attach an electronic device. In such cases, the head of the detention center shall provide cooperation, except in extenuating circumstances. |
| (5) | Where an electronic device wearer is detained in a prison workshop under Article 70 of the Criminal Act while an order to attach an electronic device is in force, the head of the relevant detention center shall notify the head of the probation office having jurisdiction over the place of residence of the electronic device wearer so that a supervising probation officer may remove and collect the electronic device. The head of the detention center shall notify the head of the probation office having jurisdiction over the place of residence of the electronic device wearer of the person’s scheduled release before such person is released from detention in the prison workshop so that the supervising probation officer may attach the electronic device to that person prior to his or her release. <Newly Inserted on May 31, 2013> |
| Article 8 (Suspension of Order to Attach Electronic Device) |
| (1) | Where an order to attach an electronic device is suspended pursuant to Article 13 (6) of the Act, a supervising probation officer shall immediately remove and collect an electronic device. In such cases, the period of the order to attach an electronic device shall be suspended from the time the ankle bracelet is removed from an electronic device wearer. <Amended on Jul. 12, 2010; Jun. 12, 2018> |
| (2) | Where an electronic device wearer is detained for any reason provided for in the subparagraphs of Article 13 (6) of the Act, the head of a detention center shall immediately notify the head of the probation office having jurisdiction over the place of residence of that person of such fact. <Amended on Jul. 12, 2010; Jun. 12, 2018> |
| (3) | Where any reason for executing an order to attach an electronic device for the remaining period under Article 13 (8) of the Act arises, a supervising probation officer shall re-attach an electronic device to the relevant person. In such cases, the period of the order to attach an electronic device shall begin from the time the probation officer attaches the ankle bracelet to the relevant person. <Amended on Jul. 12, 2010; Jun. 12, 2018; Jun. 12, 2018> |
| (4) | Where the reason for executing an order to attach an electronic device for the remaining period under Article 13 (8) 1 of the Act arises, the head of a detention center shall notify the head of the probation office having jurisdiction over the place of residence of a person ordered to wear an electronic device thereof prior to that person’s release from detention. <Amended on Jul. 12, 2010; Jun. 12, 2018> |
| (5) | Where the reason for executing an order to attach an electronic device for the remaining period under Article 13 (8) 2 or 3 of the Act arises, the head of a detention center shall notify the head of the probation office having jurisdiction over the place of residence of a person ordered to wear an electronic device thereof, not later than five days before the person, regarding whom an order to attach an electronic device has been suspended, is released from the detention center. <Newly Inserted on Jul. 12, 2010; Jun. 12, 2018> |
| Article 9 (Transfer of Person regarding Whom Order to Attach Electronic Device has been Suspended) |
Where the head of a detention center transfers a person, regarding whom an order to attach an electronic device has been suspended pursuant to Article 13 (6) of the Act, to another detention center, he or she shall notify the head of the probation office having jurisdiction over the place of residence of that person and the head of the detention facility to which that person is to be transferred, of thereof. <Amended on Jul. 12, 2010; Jun. 12, 2018>
| Article 10 (Temporary Removal of Electronic Device) |
| (1) | Where it is necessary to temporarily remove an electronic device due to medical treatment of an electronic device wearer, to replace it or for other reasons, a probation officer may temporarily remove the electronic device from the body or residence of that person completely or partly, with the approval of the head of the probation office: Provided, That the probation officer may report to the head of the probation office immediately after removing the electronic device where there is no time to obtain approval. |
| (2) | A probation officer shall record the temporary removal of an electronic device under paragraph (1) in the register and keep it. |
| Article 11 (Obligations to Keep Electronic Device Operable) |
An electronic device wearer shall abide by the following to keep the electronic device operable during the period of electronic monitoring pursuant to Article 14 (1) of the Act: | 1. | To recharge, carry or manage the electronic device so that it can operate normally; |
| 2. | To immediately inform the supervising probation officer of any malfunction of the electronic device; |
| 3. | To comply with reasonable directions and instructions given by the supervising probation officer to keep the electronic device operable. |
| Article 12 (Permission to Change Residence or Travel Domestically or Internationally) |
| (1) | "Information, etc. prescribed by Presidential Decree" in Article 14 (2) of the Act means the matters referred to in Article 15-2 (1) 1 through 8 and other matters necessary for providing guidance and supervision for an electronic device wearer. <Amended on Jun. 12, 2018> |
| (2) | To obtain permission to change residence or travel domestically or internationally pursuant to Article 14 (3) of the Act, an electronic device wearer shall appear in person at a probation office and submit an application for permission stating his or her name; current residence and new residence; destination of the domestic or international travel; reason for changing his or her residence; the purpose of the domestic or international travel; the scheduled date of changing residence; the period of the domestic or international travel; and supporting documents. |
| (3) | Upon receipt of an application for permission under paragraph (2), the supervising probation officer shall determine whether to approve or reject the application, by comprehensively considering the new residence; destination of domestic or international travel; reason for changing residence; the purpose of domestic or international travel; or the level of compliance with terms and conditions provided for in Article 9-2 of the Act and Article 32 of the Act on Probation. <Amended on May 13, 2013> |
| (4) | A probation officer may reject an application in determining whether to permit an electronic device wearer to travel internationally pursuant to paragraph (3), if the person falls under any of the following: Provided, That the probation officer shall reject the application in cases falling under subparagraph 1: <Newly Inserted on May 13, 2013> |
| 2. | Where such person fails to submit supporting documents concerning his or her international travel; |
| 3. | Where such person has ever failed to return to the Republic of Korea before the expiry of a period permitted for international travel or has ever travelled internationally without permission while an order to attach an electronic device is in force, without just cause. |
| (5) | When permitting an electronic device wearer to travel internationally pursuant to paragraph (3), the supervising probation officer shall set the period for international travel at three months from the date of departure from the Republic of Korea, and may set such period in excess of three months only in inevitable circumstances. <Newly Inserted on May 13, 2013> |
| (6) | Where an electronic device wearer changes his or her residence to the jurisdiction of another probation office with permission therefor, the person shall appear in person at the probation office having jurisdiction over the place of the new residence and file a report pursuant to paragraph (1) within three days. <Amended on May 13, 2013> |
| (7) | Where a probation officer permits a person to travel internationally pursuant to paragraph (3), the head of the probation office to which the probation officer belongs shall request the Minister of Justice to notify him or her of that person’s departure from, and return to, the Republic of Korea. <Amended on May 13, 2013> |
| (8) | Upon receipt of a request under paragraph (7), the Minister of Justice shall immediately notify the head of the relevant probation office upon the departure and return of the electronic device wearer from and to the Republic of Korea. <Amended on May 13, 2013> |
| (9) | An electronic device wearer who has travelled internationally with permission therefor under paragraph (3) shall appear in person at the probation office having jurisdiction over the place of his or her residence to enable the probation officer to check whether the electronic device operates normally immediately after his or her return to the Republic of Korea. <Amended on May 13, 2013> |
[This Article Wholly Amended on Jul. 12, 2010]
| Article 12-2 (Application for Extension of Period of Electronic Monitoring) |
| (1) | To request the extension of the period of electronic monitoring under Article 14-2 of the Act, or imposition, addition, revision, or deletion of the terms and conditions under the same Article or Article 14-3 of the Act, the head of a probation office shall file a written application, stating the following: <Amended on Sep. 14, 2021> |
| 1. | Name, resident registration number, occupation and residence of the electronic device wearer or the person ordered to wear an electronic device; |
| 2. | Purposes of filing such application; |
| 3. | Grounds for the need for the extension of the period of electronic monitoring, or the imposition, addition, revision, or deletion of the terms and conditions. |
| (2) | The head of a probation office shall submit supporting materials when filing an application pursuant to paragraph (1). |
| (3) | The court may require that the supervising probation officer appear before court to hear his or her opinion; and may summon and examine the relevant electronic device wearer or the person ordered to wear an electronic device or ascertain necessary matters, if necessary for reviewing an application filed in accordance with Article 14-2 or 14-3 of the Act. <Amended on Sep. 14, 2021> |
[This Article Newly Inserted on Jul. 12, 2010]
| Article 13 (Provision of Counseling) |
| (1) | The Minister of Justice may designate the following institutions or organizations to provide medical treatment and counseling pursuant to Article 15 (2) of the Act: <Amended on Jul. 30, 2009; Dec. 29, 2010; May 29, 2017> |
| 3. | A private organization or institution which has experience in medically treating specific criminal offenders and in developing and administering a specific criminal offender correctional program. |
| (2) | The Minister of Justice may fully or partially reimburse a designated institution or organization for expenses incurred in providing medical treatment, counseling, etc. under paragraph (1) within budgetary limits. |
| (3) | The Minister of Justice shall endeavor to develop programs and to train professionals necessary for medical treatment and counseling under paragraph (1). |
| (4) | Where an institution or organization designated under paragraph (1) is unfit to provide medical treatment, counseling, etc., the Minister of Justice may revoke its designation. <Newly Inserted on Jul. 12, 2010> |
| Article 14 (Use of Data Received) |
Where data received have been used pursuant to Article 16 (2) 1, 3, and 4, the head of a probation office and the head of an electronic monitoring control center established under Article 16-3 of the Act shall record such fact in the register and keep the same. <Amended on Jul. 12, 2010; Jun. 12, 2018; Sep. 14, 2021>
| Article 14-2 (Inspection of, or Access to, Data Received) |
| (1) | To inspect or access data received pursuant to the main clause of Article 16 (4) of the Act, a public prosecutor may apply to the competent court for permission to inspect or access data received regarding an electronic device wearer. |
| (2) | To inspect or access data received pursuant to the main clause of Article 16 (4) of the Act, a judicial police officer may request permission to inspect or access data received regarding an electronic device wearer, from a public prosecutor, who may apply to the competent court for permission to the judicial police officer. |
| (3) | Any request or application for permission to inspect or access data received under paragraphs (1) and (2) shall be made in writing, stating personal information relating to an electronic device wearer; an agency to which data received shall be provided; the reason for making such request or application; and the scope of necessary data. |
| (4) | When inspecting or accessing data received pursuant to the main clause of Article 16 (4) of the Act, a public prosecutor or judicial police officer shall give a copy of a permit issued by the competent court to the head of a probation office (including the head of an electronic monitoring control center established under Article 16-3 of the Act; hereafter the same shall apply in Articles 14-3 through 14-6). <Amended on Sep. 14, 2021> |
[This Article Newly Inserted on May 31, 2013]
| Article 14-3 (Urgent Inspection of, or Access to, Data Received) |
| (1) | To inspect, or access data received pursuant to the proviso to Article 16 (4) of the Act, a public prosecutor or judicial police officer shall present the following documents to the head of the probation office by facsimile transmission or other means: |
| 1. | A written request for the urgent inspection of, access to, data received, stating personal information relating to an electronic device wearer; grounds for urgency; an agency to which the data received shall be provided; the reason for making a request; and the scope of necessary data; |
| 2. | His or her proof of identity. |
| (2) | After requesting to urgently inspect or access data received under paragraph (1), a public prosecutor shall immediately apply to the competent court for permission therefor. |
| (3) | After requesting to urgently inspect or access data received under paragraph (1), a judicial police officer shall immediately apply for permission therefor to a public prosecutor, who may apply to the competent court for granting permission therefor. |
| (4) | Data that a public prosecutor or judicial police officer must forward to the head of a probation office pursuant to the proviso to Article 16 (4) of the Act means a copy of a permit issued by the competent court. |
[This Article Newly Inserted on May 31, 2013]
| Article 14-4 (Retention and Destruction of Inspected or Accessed Data Received) |
| (1) | A public prosecutor or judicial police officer shall retain, for three years, a register stating details about applications and requests for permission to inspect or access data received; and details about the data received, which he or she has inspected or accessed under Article 16 (4) and (5) of the Act, in the agency to which he or she belongs. |
| (2) | The head of a probation office, who has permitted public prosecutors or judicial police officers to inspect or access data received, shall retain, for three years, a register stating details about the data received; written requests to inspect or access data received; and other relevant materials. |
| (3) | Where a public prosecutor rejects an application for permission made by a judicial police officer under Article 14-3 (3), the judicial police officer shall immediately destroy data received which he or she has inspected or accessed. |
| (4) | Where a public prosecutor or judicial police officer destroys data received, which he or she has inspected or accessed pursuant to Article 16 (5) of the Act or paragraph (3) of this Article, he or she shall immediately give written notice thereof to the head of the relevant probation office. |
[This Article Newly Inserted on May 31, 2013]
| Article 14-5 (Written Notice of Decision on Case for which Data Received is Used) |
| (1) | Where a prosecutor or judicial police officer prosecutes a case or decides not to prosecute or charge regarding a case (excluding a stay of prosecution) he or she has investigated after inspecting or accessing data received, he or she shall give written notice of his or her decision to the head of the probation office who provided the data received. |
| (2) | Where a judicial police officer closes a case he or she has investigated after inspecting or accessing data received, he or she shall report the result of the case to a public prosecutor: Provided, That the foregoing shall not apply where he or she transfers the case to the prosecutor's office. |
[This Article Newly Inserted on May 31, 2013]
| Article 14-6 (Prohibition of Divulging Confidential Information in Relation to Data Received) |
No person who has inspected or accessed data received shall divulge any confidential information about a third person he or she has become aware in the course of such inspection or access or defame any electronic device wearer.
[This Article Newly Inserted on May 31, 2013]
| Article 15 (Destruction of Data Received) |
| (1) | Where a person, in whose case the period of electronic monitoring has expired, is subject to suspension of qualification or severer punishment within five years from the date the electronic device is removed, data received regarding such person shall be destroyed upon the expiry of a five-year period from the date the execution of his or her punishment is completed. |
| (2) | Data received shall be destroyed by deleting such data from the computer data storage. |
| Article 15-2 (Provision of Information Relating to Personal Affairs of Electronic Device Wearers) |
| (1) | Information relating to the personal affairs of an electronic device wearer, which the head of a probation office may provide for the investigation agency, such as the head of the police agency having jurisdiction over the place of residence of that person pursuant to Article 16-2 (1) of the Act, is: <Amended on Jan. 20, 2015> |
| 2. | Resident registration number: Provided, That the following information shall be provided regarding an alien, a Korean national residing abroad defined in subparagraph 1 of Article 2 of the Act on the Immigration and Legal Status of Overseas Koreans (only applicable where he or she has not filed for resident registration; hereafter referred to as "Korean national residing abroad" in this subparagraph) and a foreign national Korean defined in subparagraph 2 of the aforesaid Article (hereinafter referred to as "foreign national Korean"): |
| (a) | In cases of an alien: The alien’s nationality, passport number and alien registration number (or date of birth if the alien has no alien registration number); |
| (b) | In cases of a Korean national residing abroad: his or her passport number and date of birth; |
| (c) | In cases of a foreign national Korean: his or her nationality, passport number and domestic residence report number allocated pursuant to Article 7 (1) of the Act (or date of birth if the foreign national Korean has no domestic residence report number); |
| 3. | Address and place of actual residence: |
| (a) | In cases of a Korean: his or her address reported pursuant to the Resident Registration Act and the address at which the Korean actually resides; |
| (b) | In cases of an alien: his or her place of stay in the Republic of Korea registered pursuant to Article 32 of the Immigration Act and the address at which the alien actually resides; |
| 6. | A crime committed and the details of a ruling or decision; |
| 9. | Other matters the head of the probation office deems necessary for preventing and investigating crimes. |
| 1. | The information referred to in the subparagraphs of paragraph (1); |
| 2. | The date on and place at which an electronic device wearer has committed or is suspected of having committed a crime and the details of the alleged crime. |
| 1. | Name and resident registration number of the electronic device wearer; |
| 2. | A crime committed by the electronic device wearer; |
| 3. | The date on and place at which the electronic device wearer is arrested or detained. |
| (4) | Information relating to the personal affairs of electronic device wearers referred to in paragraph (1) may be provided in such a manner that electronic records about the information relating to the personal affairs of electronic device wearers referred to in the subparagraphs of paragraph (1), which are managed by the head of a probation office, are registered in the Criminal Justice Information System defined in subparagraph 4 of Article 2 of the Act on Promotion of the Digitalization of the Criminal Justice Process, and investigation agencies may access the electronic records. |
| (5) | The head of an investigation agency who has printed information relating to the personal affairs of an electronic device wearer pursuant to paragraph (4) shall destroy the printed document upon the expiry of the period of electronic monitoring for the electronic device wearer under paragraph (1) 7. |
[This Article Newly Inserted on May 31, 2013]
| Article 16 (Application for Provisional Lifting of Order to Attach Electronic Device) |
| (1) | An application for the provisional lifting of an order to attach an electronic device under Article 17 (1) of the Act shall be filed in writing with the Probation Review Committee established under Article 5 of the Act on Probation (hereinafter referred to as the "Review Committee"). <Amended on Aug. 5, 2020> |
| (2) | Where an electronic device wearer or his or her legal representative applies for the provisional lifting of an order to attach an electronic device, the Review Committee shall notify the head of a probation office thereof without delay. <Amended on Aug. 5, 2020> |
[Title Amended on Aug. 5, 2020]
| Article 17 (Review of, and Decision on, Provisional Lifting of Order to Attach Electronic Device) |
| (1) | The Review Committee shall consider opinions of a supervising probation officer, psychiatrist, mental health psychologist, and other experts when reviewing the provisional lifting of an order to attach an electronic device pursuant to Article 18 (1) of the Act. <Amended on Nov. 23, 2011; May 31, 2013; Aug. 5, 2020> |
| (2) | Upon making a decision under Article 18 (4) and (5) of the Act, the Review Committee shall serve, without delay, a certified copy of the written decision on the head of the probation office having jurisdiction over the place of residence of an electronic device wearer and on the applicant. |
| (3) | Where a decision is made to provisionally lift an order to attach an electronic device under Article 18 (4) of the Act, a supervising probation officer shall collect the electronic device on the date of provisional lifting stated in the written decision. <Amended on Aug. 5, 2020> |
| (4) | Where the Review Committee considers opinions of experts pursuant to paragraph (1), it may fully or partially reimburse experts who have presented opinions or submitted data for expenses incurred, within budgetary limits. <Newly Inserted on Jul. 12, 2010> |
[Title Amended on Aug. 5, 2020]
| Article 18 (Revocation of Provisional Lifting) |
| (1) | An application for the revocation of provisional lifting under Article 19 (1) of the Act shall be filed in writing with the Review Committee. <Newly Inserted on May 31, 2013; Aug. 5, 2020> |
| (2) | Upon making a decision to revoke the provisional lifting of an order to attach an electronic device pursuant to Article 19 (1) of the Act, the Review Committee shall notify the head of the relevant probation office of such revocation without delay. <Amended on May 31, 2013; Aug. 5, 2020> |
| (3) | Where a decision is made to revoke the provisional lifting of an order to attach an electronic device, a supervising probation officer shall attach an electronic device to the person ordered to wear an electronic device after presenting the written decision to that person. <Amended on May 31, 2013; Aug. 5, 2020> |
| (4) | Where provisional lifting is revoked, the period of executing an order to attach an electronic device shall commence from the time an ankle bracelet is attached to the body of the person ordered to wear an electronic device. <Amended on May 31, 2013; Aug. 5, 2020> |
[Title Amended on Aug. 5, 2020]
CHAPTER II-2 PROBATION AFTER COMPLETION OF SENTENCE
| Article 18-2 (Extension of Period of Probation) |
| (1) | To request an extension of the period of probation, or addition, revision or deletion of terms and conditions pursuant to Article 21-7 of the Act, the head of a probation office shall make a written request stating the following: |
| 1. | Name, resident registration number, occupation and residence of the relevant probationer; |
| 2. | Purpose of the request; |
| 3. | The reason it is necessary to extend the period of probation, or to add to, revise or delete from, terms and conditions. |
| (2) | The head of a probation office shall submit supporting materials when making a request pursuant to paragraph (1). |
| (3) | The court may require a supervising probation officer to appear in court to hear his or her opinion; and may summon and examine a probationer or ascertain necessary matters, if necessary to review an application made under Article 21-7 of the Act. |
[This Article Newly Inserted on May 31, 2013]
| Article 18-3 (Provisions Applicable Mutatis Mutandis) |
Articles 4 through 6, 12 (1) through (7), 13, 16, 17 (1), (2) and (4), and 18 (1) and (2) shall apply mutatis mutandis to investigations into probationers, directions for executing an order to attach an electronic device, permission for change of a residence, counseling, provisional lifting, revocation, etc. In such cases, "order to wear an electronic device" shall be construed as "probation order"; "period of electronic monitoring" as "period of probation"; "person subject to an application for an order to attach an electronic device" as "person subject to an application for a probation order"; "person ordered to wear an electronic device" as "person ordered to be placed on probation"; "electronic device wearer" as "probationer"; and "attachment of an electronic device" as "probation", respectively. <Amended on Aug. 5, 2020> [This Article Newly Inserted on May 31, 2013]
CHAPTER III PAROLE AND PROVISIONAL TERMINATION AND ATTACHMENT OF ELECTRONIC DEVICE
| Article 19 (Investigation of Appropriateness of Attaching Electronic Devices) |
| (1) | Where a person subject to review of eligibility for parole is selected pursuant to the Administration of Sentences and Treatment of Correctional Institution Inmates Act and relevant statutes or regulations, the head of a correctional facility, juvenile correctional facility or detention center shall, without delay, send to the Review Committee having jurisdiction over the location of the relevant correctional facility, juvenile correctional facility or detention center the data on such person including the following information, so that it can conduct investigations into whether it is necessary and appropriate to attach an electronic device to an would-be parolee under Article 22 (3) of the Act (hereinafter referred to as "investigation of the appropriateness of attaching an electronic device"): |
| 2. | Resident registration number; |
| 4. | The entire name of punishment and term of punishment; |
| 5. | Initial date in reckoning the initial punishment term and final punishment term; |
| 6. | The date the final punishment term expires; |
| (2) | Upon receipt of data from the head of a correctional facility, juvenile correctional facility or detention center under paragraph (1), the Review Committee may conduct an investigation into the appropriateness of attaching an electronic device to a would-be parolee or may request that the head of the probation office having jurisdiction over the location of the relevant correctional facility, juvenile correctional facility or detention center or the scheduled residence of the would-be parolee conduct an investigation into matters necessary for the investigation of the appropriateness of attaching an electronic device after consultation thereon with him or her. |
| (3) | Upon receipt of a request under paragraph (2), the head of a probation office shall conduct a necessary investigation and notify the Review Committee of the findings thereof. |
| (4) | Upon receipt of a request by the Review Committee or the head of a probation office to provide necessary cooperation, such as an interview with would-be parolees for the investigation of the appropriateness of attaching an electronic device under paragraph (2) or (3), the head of a correctional facility, juvenile correctional facility or detention center shall comply therewith, except under special circumstances. |
| (5) | The Review Committee or the head of a probation office may request that the head of a State agency, local government, or public institution provide cooperation in inquiring on relevant facts, inspecting relevant data, etc. where it is deemed necessary for conducting an investigation of the appropriateness of attaching an electronic device. In such cases, the head of a competent agency shall cooperate except under special circumstances. |
| (6) | An investigation of the appropriateness of attaching an electronic device shall include individual characteristics of an would-be parolee, such as his or her criminal records, criminal details and occupation, economic capacity and living environment. |
[This Article Newly Inserted on Aug. 5, 2020]
[Previous Article 19 moved to Article 19-2 <Aug. 5, 2020>]
| Article 19 (Notice of Decision) |
| (2) | Once a decision is made to attach an electronic device to a person under medical treatment while in custody or a person in protective custody pursuant to Article 23 (1) of the Act, the Medical Treatment and Custody Deliberation Committee referred to in Article 37 of the Act on Medical Treatment and Custody shall serve a written decision on the person receiving medical treatment while in custody or on the person in protective custody; and shall serve a certified copy of the written decision on the head of a detention center (including the head of the facility for protective custody; hereafter the same shall apply in this Chapter), respectively. <Amended on Jul. 12, 2010; Nov. 29, 2016> |
| (3) | The head of the detention center on whom a certified copy of the written decision is served pursuant to paragraph (1) or (2) shall inform a person to be paroled, a person receiving medical treatment while in custody, or a person in protective custody, who is to wear an electronic device, of the matters relating to the attachment of such electronic device. <Amended on Jul. 12, 2010> |
[Moved from Article 19 <Aug. 5, 2020>]
| Article 20 (Notification by Head of Institute of Forensic Psychiatry, etc.) |
| (1) | Where the head of an institute of forensic psychiatry and the head of a facility for protective custody transfers a person required to wear an electronic device (hereinafter referred to as "person required to wear an electronic device") pursuant to Article 23 (1) of the Act to another detention center, he or she shall notify the head of another detention center that the person to be transferred is required to wear an electronic device. <Amended on Jul. 12, 2010> |
| (2) | The head of a detention center who receives a person required to wear an electronic device pursuant to paragraph (1) shall notify the head of the probation office having jurisdiction over the place of residence of that person, of his or her scheduled release not later than five days before his or her release released from the detention center. |
[Title Amended on Jul. 12, 2010]
| Article 21 (Provisions Applicable Mutatis Mutandis) |
The provisions of Articles 7 through 12, 12-2 and 13 through 18 shall apply mutatis mutandis to the attachment of electronic devices under this Chapter. <Amended on Jul. 12, 2010>
CHAPTER IV STAY OF EXECUTION AND ORDER TO ATTACH ELECTRONIC DEVICE
| Article 22 (Stay of Execution and Execution of Order to Attach Electronic Device) |
A person sentenced to an order to wear an electronic device by the court with a stay of execution pursuant to Article 28 (1) of the Act shall appear in person at a probation office; and shall comply with an order to attach an electronic device executed under Article 29 (1) of the Act within ten days after such sentence.
| Article 23 (Provisions Applicable Mutatis Mutandis) |
The provisions of Articles 4, 6 through 12, 12-2 and 13 through 18 shall apply mutatis mutandis to orders to attach an electronic device issued under this Chapter. <Amended on Jul. 12, 2010>
CHAPTER V RELEASE ON BAIL AND ATTACHMENT OF ELECTRONIC DEVICE
| Article 23-2 (Investigations Prior to Decision to Attach Electronic Devices under Release on Bail) |
| (1) | When a court requests that the head of a probation office conduct an investigation pursuant to Article 31-2 (2) of the Act, it shall notify him or her of personal details of the relevant defendant and the essential facts of the crime. In such cases, it may also send background information if necessary. |
| (2) | The head of a probation office may request cooperation from the head of a detention center, if it is necessary for an investigation referred to in Article 31-2 (3) of the Act. In such cases, the head of the detention center shall provide cooperation, except under special circumstances. |
[This Article Newly Inserted on Aug. 5, 2020]
| Article 23-2 (Delivery of Written Decision on Permission for Release on Bail) |
Where an urgent need arises, a court may send a certified copy of a written decision by fax, electronic mail or other means before delivering it to the head of a probation office pursuant to Article 31-3 (1) of the Act. [This Article Newly Inserted on Aug. 5, 2020]
| Article 23-4 (Reporting by Defendants Released on Bail Subject to Attachment of Electronic Device) |
A defendant ordered to wear an electronic device on conditions of release on bail under Article 31-2 (1) of the Act (hereinafter referred to as "electronic device bailee") shall file a written report prescribed by Ordinance of the Ministry of Justice when appearing before the probation office having jurisdiction over his or her place of residence to make a report under Article 31-3 (2) of the Act. [This Article Newly Inserted on Aug. 5, 2020]
| Article 23-5 (Attachment of Electronic Devices) |
| (1) | Where a probation officer executes an order to attach an electronic device pursuant to Article 31-3 (2) of the Act, he or she shall do so after verifying the certified copy of a written decision (including a copy under Article 23-3) on the relevant electronic device bailee sent in accordance with paragraph (1) of the same Article. |
| (2) | A probation officer shall notify an electronic device bailee of the following matters before attaching the electronic device pursuant to paragraph (1): |
| 1. | The following obligations necessary to keep the electronic device operable: |
| (a) | To recharge, carry or manage the electronic device so that it can function normally; |
| (b) | To inform the probation officer of its malfunction without delay, if any; |
| (c) | To comply with proper instructions of the probation officer so as to maintain functions of the electronic device; |
| 2. | That the probation officer may take measures necessary for checking whether the electronic device bailee complies with the conditions of bail under Article 31-3 (3) of the Act; |
| 4. | Other matters necessary for fulfilling the conditions of bail determined by the court. |
| (3) | An electronic device shall be attached in the following manner: |
| 1. | An electronic device shall be attached onto the ankle or wrist of an electronic device bailee: Provided, That it may be attached onto any other part of his or her body, if there is any special reason which makes it impossible to do so; |
| 2. | A home monitoring unit shall be installed at the residence of an electronic device bailee on the date the person files a report with the probation office under Article 23-4: Provided, That it need not be installed, if he or she has no fixed residence or a reason exists making it difficult to install a home monitoring unit. |
| (4) | The head of a probation office may request that the head of a State agency, local government, or public institution provide cooperation in inquiring on relevant facts, inspecting relevant data, etc. in order to ascertain whether a plaintiff meets the conditions of release on bail under Article 31-3 (3) of the Act. In such cases, the head of the relevant agency shall cooperate except under special circumstances. <Newly Inserted on Sep. 14, 2021> |
[This Article Newly Inserted on Aug. 5, 2020]
| Article 23-6 (Notification of Status of Compliance with Conditions of Release on Bail) |
| (1) | The head of a probation office shall prepare a report on the status of a defendant's compliance with the conditions of release on bail as of the last day of each month pursuant to Article 31-4 (1) of the Act, and shall forward it to the court that has rendered a decision on bail by the 10th day of the following month. |
| (2) | Notwithstanding paragraph (1), where it is necessary to promptly grasp the status of the defendant's compliance with the conditions of release on bail for purposes of a trial, the court may request the head of a probation office to provide data thereon. |
[This Article Newly Inserted on Aug. 5, 2020]
| Article 23-7 (Notification of Violation of Conditions of Bail) |
| (1) | Where an electronic device bailee falls under any of the following cases, the head of a probation office shall, without delay, notify a court which has decided to release him or her on bail pursuant to Article 31-4 (2) of the Act and prosecutors of a public prosecutors' office corresponding to the competent court: |
| 1. | Where a person fails to appear and report at a probation office by the date designated by the court pursuant to Article 31-3 (2) of the Act, without good cause; |
| 2. | Where the person refuses to wear an electronic device; |
| 3. | Where the person fails to comply with reasonable instructions given by a probation officer necessary to keep the electronic device operable; |
| 4. | Where the person violates other conditions of bail prescribed in the Criminal Procedure Act or fails to comply with reasonable instructions given by a probation officer necessary to confirm such violation; |
| 5. | Where the person removes an electronic device from his or her body and causes any damage to such device, without permission, or engages in the interception of radio waves or fabrication of data received; |
| 6. | Where his or her whereabouts are unknown. |
| (2) | Notification referred to in paragraph (1) shall be made in person or by registered mail: Provided, That in cases of urgency, notification may be made first by means of telephone, fax, e-mail, etc. and then in person or by registered mail. |
[This Article Newly Inserted on Aug. 5, 2020]
| Article 23-8 (Notification of Changes in Conditions of Bail and Revocation of Bail) |
Where a court makes any changes in the conditions of bail or revokes bail pursuant to Article 102 (1) or (2) of the Criminal Procedure Act, it shall send to the head of a probation office a certified copy of the written ruling on the modification of conditions of bail or revocation of bail. In cases of urgency, notification may be made first by telephone, fax, e-mail, etc. [This Article Newly Inserted on Aug. 5, 2020]
| Article 23-9 (Provisions Applicable Mutatis Mutandis) |
Articles 10, 14-6, and 15 shall apply mutatis mutandis to the attachment of electronic devices under this Chapter. In such cases, "electronic device wearer" shall be construed as "electronic device bailee." [This Article Newly Inserted on Aug. 5, 2020]
CHAPTER Ⅵ ATTACHMENT OF ELECTRONIC DEVICE TO PERSONS RELEASED FROM PRISON
| Article 24 (Notification of Personal Information Relating to Persons Released from Prison, etc.) |
| (1) | The head of a correctional facility, detention center, institute of forensic psychiatry or facility for protective custody (hereinafter referred to as "detention facility") must notify a public prosecutor of a district prosecutor's office having jurisdiction over the location of a detention facility of the following regarding a person who should serve for at least six months (hereinafter referred to as "person scheduled for release") to complete a sentence of imprisonment with labor or severer punishment, medical treatment while in custody or protective custody (hereinafter referred to as "imprisonment with labor, etc."), a person who should serve less than six months to complete a sentence of imprisonment with labor, etc. (hereinafter referred to as "person whose release is imminent"), and a person in whose case three years have not passed after the person served a sentence of imprisonment with labor, etc.; serving sentence of imprisonment with labor, etc. was provisionally terminated; was provisionally released from prison, was paroled or was exempted from serving such sentence (hereinafter referred to as "person released from prison") as of July 16, 2010 after the person was sentenced to imprisonment with labor, etc. at the first trial before September 1, 2008 for committing a sex crime pursuant to Article 2 (2) 1 and (3) 1 of the Addenda to the Act on the Electronic Monitoring of Specific Sex Offenders, as partially amended by Act No. 9112: |
| 2. | A certified copy of a written decision; |
| 3. | A classified treatment and assessment form; |
| 4. | Other matters necessary for applying to the court for an order to attach an electronic device. |
| (2) | Regarding a person scheduled for release; a person whose release is imminent; or a person released from prison (hereinafter referred to as "person released from prison, etc.") as of July 16, 2010 after the person was sentenced to imprisonment with labor, etc. at the first trial before September 1, 2008 for committing a sex crime pursuant to Article 2 (2) 1 and (3) 1 of the Addenda to the Act on the Electronic Monitoring of Specific Sex Offenders, as partially amended by Act No. 9112, the head of a detention facility should notify the head of the probation office having jurisdiction over its location of the name, resident registration number, address of a person released from prison, etc. and the date for the person’s scheduled release and the crime committed by the person. |
[This Article Newly Inserted on Jul. 12, 2010]
| Article 25 (Investigation) |
Where a public prosecutor requests the head of a probation office to conduct an investigation under Article 6 of the Act regarding a person released from prison, etc. pursuant to Article 2 (2) 2 and (3) 2 of the Addenda to the Act on the Electronic Monitoring of Specific Sex Offenders, as partially amended by Act No. 9112, the public prosecutor shall notify the head of the probation office of the matters referred to in the subparagraphs of Article 24 (1), as notified by the head of a detention facility, the criminal history check about, contact details of, and the result of the interview with the person released from prison, etc. [This Article Newly Inserted on Jul. 12, 2010]
| Article 26 (Notification of Requests for Order to Attach Electronic Device) |
Where a public prosecutor has applied to the court for an order to attach an electronic device to a person released from prison, etc. pursuant to Article 2 (2) 4 and (3) 4 of the Addenda to the Act on the Electronic Monitoring of Specific Sex Offenders, as partially amended by Act No. 9112, the public prosecutor shall immediately give written notice to the person released from prison, etc., subject to such application, of the fact that he or she has made a request for an order to attach an electronic device. [This Article Newly Inserted on Jul. 12, 2010]
| Article 27 (Notification of Ruling to Issue Order to Attach Electronic Device) |
| (1) | Where the court has ruled to issue an order to attach an electronic device to a person released from prison, etc. pursuant to Article 2 (2) 5 and (3) 8 of the Addenda to the Act on the Electronic Monitoring of Specific Sex Offenders, as partially amended by Act No. 9112, the court shall give written notice of its ruling to the person released from prison, etc., who is subject to such order. |
| (2) | The court shall send a certified copy of a written ruling to the head of the probation office having jurisdiction over the place of residence of a person notified of a ruling to issue an order to attach an electronic device within three days from the date the written notice is given under paragraph (1). |
| (3) | The head of a detention facility shall notify the head of the probation office having jurisdiction over the place of residence of a person notified of a ruling to issue an order to attach an electronic device of the fact that the person is subject to such order not later than five days prior to his or her release from the detention facility. |
[This Article Newly Inserted on Jul. 12, 2010]
| Article 28 (Directions for Executing Order to Attach Electronic Device) |
| (1) | A probation officer shall execute an order to attach an electronic device to a person released from prison, etc. under the direction of a public prosecutor immediately after the probation office is notified of the order. |
| (2) | A public prosecutor shall give directions under paragraph (1) in writing along with a certified copy of a written ruling. |
[This Article Newly Inserted on Jul. 12, 2010]
| Article 29 (Processing of Sensitive Information and Personally Identifiable Information) |
| 2. | Affairs regarding the notification of information relating to the departure and return of the electronic device wearer from and to the Republic of Korea under Article 12 (including cases where the same provisions apply mutatis mutandis pursuant to Articles 18-3, 21, and 23); |
| 3. | Affairs regarding the designation of facilities or organizations referred to in Article 13 (including cases where the same provisions apply mutatis mutandis pursuant to Articles 18-3, 21 and 23). |
| 1. | Affairs regarding making a request for an order to attach an electronic device under Article 5 of the Act; |
| 2. | Affairs regarding conducting an investigation under Article 6 of the Act (including cases where the same provisions apply mutatis mutandis pursuant to Articles 21-8 and 31); |
| 4. | Affairs regarding the issuance of a document on the execution of an order to attach an electronic device under Article 13 of the Act; |
| 5. | Affairs regarding making a request for the extension of the period of electronic monitoring under Article 14-2 of the Act; |
| 5-2. | Affairs regarding making a request for the imposition of terms and conditions to be satisfied by a person ordered to wear an electronic device under Article 14-3 of the Act; |
| 6. | Affairs regarding the inspection of, access to, and destruction of data received in accordance with Article 16 of the Act (including cases where the same provisions apply mutatis mutandis pursuant to Articles 27 and 31); |
| 9. | Affairs regarding the execution of an order to attach an electronic device under Article 29 of the Act; |
| 11. | Affairs necessary for conducting the affairs provided for in subparagraphs 1 through 5, 5-2, and 6 through 7. |
| (3) | The head of a probation office or a probation officer may process information relating to health and sex life under Article 23 of the Personal Information Protection Act, DNA information or information relating to criminal history records under subparagraph 1 or 2 of Article 18 of the Enforcement Decree of the same Act, and data containing resident registration numbers, passport numbers, driver's licenses numbers or alien registration numbers under Article 19 of the same Decree, where it is inevitable for performing the following affairs: <Amended on Sep. 14, 2021> |
| 3. | Affairs regarding filing an application for the extension of the probation period under Article 14-2 of the Act; |
| 3-2. | Affairs regarding filing an application for the imposition of terms and conditions to be satisfied by a person ordered to wear an electronic device under Article 14-3 of the Act; |
| 4. | Affairs regarding securing data on an electronic device wearer under Article 15 of the Act (including cases where the same provisions apply mutatis mutandis pursuant to Articles 21-8 and 27); |
| 5. | Affairs regarding retaining, using and destroying data received under Article 16 of the Act (including cases where the same provisions apply mutatis mutandis pursuant to Articles 27 and 31); |
| 6. | Affairs regarding providing personal information under Article 16-2 of the Act (including cases where the same provisions apply mutatis mutandis pursuant to Articles 27 and 31); |
| 7. | Affairs regarding the provisional lifting and revocation of an order to attach an electronic device under Articles 17 through 19 (including cases where the same provisions apply mutatis mutandis pursuant to Articles 27 and 31); |
| 9. | Affairs regarding filing an application for the extension of the period of probation under Article 21-7 of the Act; |
| 16. | Affairs regarding the notification of the status of implementing the terms and conditions of bail under Article 31-4 of the Act; |
| 18. | Affairs necessary for conducting the affairs provided for in subparagraphs 1 through 3, 3-2, and 4 through 17. |
| 4. | Affairs necessary for conducting the affairs provided for in subparagraphs 1 through 3. |
| 5. | Affairs necessary for conducting the affairs provided for in subparagraphs 1 through 4. |
[This Article Wholly Amended on Jul. 8, 2010]
ADDENDUM <Presidential Decree No. 21007, Sep. 18, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 21649, Jul. 30, 2009>
This Decree shall enter into force on August 9, 2009.
ADDENDUM <Presidential Decree No. 22270, Jul. 12, 2010>
This Decree shall enter into force on July 16, 2010.
ADDENDA <Presidential Decree No. 22568, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
Articles 2 through 5 Omitted.
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. 24549, May 31, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 14-2 through 14-6, 15-2, 18-2 and 18-3, and subparagraphs 6 and 8 (subparagraph 8 is only applicable to the duties provided for in subparagraph 6) of Article 29 shall enter into force on June 19, 2013, and the amended provisions of Article 4 (1) shall enter into force on June 19, 2014. Article 2 (Applicability to Permission to Travel Internationally)
The amended provisions of Article 12 (4) and (5) shall begin to apply, from persons who apply for permission to travel internationally after this Decree enters into force. Article 3 Omitted.
ADDENDUM <Presidential Decree No. 26058, Jan. 20, 2015>
This Decree shall enter into force on January 22, 2015.
ADDENDA <Presidential Decree No. 27616, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 2, 2016.
Articles 2 and 3 Omitted.
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. 28651, Feb. 13, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 28950, Jun. 12, 2018>
This Decree shall enter into force on Jun. 13, 2018.
ADDENDA <Presidential Decree No. 30908, Aug. 5, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on Aug. 5, 2020.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 31978, Sep. 14, 2021>
This Decree shall enter into force on the date of its promulgation.