ENFORCEMENT DECREE OF THE ACT ON PROMOTION OF THE DIGITALIZATION OF THE CRIMINAL JUSTICE PROCESS
Presidential Decree No. 22136, Apr. 29, 2010
Amended by Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 30833, Jul. 14, 2020
Presidential Decree No. 32562, Apr. 5, 2022
| Article 1-2 Deleted. <Apr. 5, 2022> |
| Article 2 (Documents Unsuitable for the Criminal Justice Information System) |
| 1. | Documents directly written by persons related to the case, such as suspects, victims, and witnesses; |
| 2. | Documents for which the system does not provide the writing function; |
| 3. | Documents that must be prepared at a time when or in a place where the system cannot be used, or must be prepared in a situation where the system cannot be used due to a system failure, computer network error, etc. |
| Article 3 (Matters to Be Observed Regarding the Distribution Standards for Criminal Justice Information) |
| (1) | Where setting the distribution standards for criminal justice information pursuant to Article 5 (2) of the Act, a criminal justice agency shall observe the following: |
| 1. | The criminal justice information to be transmitted must be the same as the content of the electronic document printout; |
| 2. | The printout of the electronic document shall indicate the printing institution, date of printing, number of pages, total number of pages, and the unique identification number of the document, in order to make it presumable that the content of the electronic document printout and the criminal justice information to be transmitted are identical. |
| (2) | The seal between pages of the electronic document printouts shall be affixed in a way that indicates the number of pages and the total number of pages. |
| Article 4 (Maintaining Accuracy of Transmitted and Received Information) |
In order to maintain the accuracy of criminal justice information that the Criminal Justice Information System Council under Article 9 of the Act (hereinafter referred to as the “Council”) must provide to other criminal justice agencies through the system pursuant to Article 12 (1) of the Act, criminal justice agencies shall observe the following: | 1. | Details of information to be transmitted and received between criminal justice agencies shall be specified in the operation guidelines of each agency under Article 5; |
| 2. | Criminal justice agencies shall endeavor to ensure that the content of the distributed document and the transmitted information are identical, and if inconsistent information is transmitted, they shall re-transmit correct information; |
| 3. | Criminal justice agencies shall ensure that there is no hindrance to the business process of other criminal justice agencies, by notifying immediately in the event of a system failure that may affect the system of other criminal justice agencies, and by notifying in advance if it is necessary to temporarily suspend the operation of the system for reasons such as system development. |
| Article 5 (System Operation Guidelines) |
In order to stably operate and manage the system pursuant to Article 8 (1) of the Act, the Minister of Justice, the Prosecutor General, the Commissioner General of the Korean National Police Agency, the Commissioner General of the Korea Coast Guard, and the head of the Corruption Investigation Office for High-ranking Officials shall formulate and enforce operation guidelines for each institution. <Amended on Apr. 5, 2022>
| Article 6 (Composition of Operating Team for Common Criminal Justice Information System) |
| (1) | In order to operate and manage the common criminal justice information system (hereinafter referred to as the “common system”) pursuant to the proviso of Article 8 (1) of the Act, a team operating the criminal justice common system (hereinafter referred to as the “operating team”) shall be established in the Ministry of Justice. |
| (2) | The operating team shall consist of public officials belonging to the Ministry of Justice and public officials dispatched from criminal justice agencies or relevant administrative agencies. |
| (3) | If necessary for running the operating team, the Minister of Justice may request other criminal justice agencies or relevant administrative agencies to dispatch public officials belonging thereto. |
| (4) | Details regarding the organization and the quota on members of the operating team shall be prescribed by the Ordinance of the Ministry of Justice. |
| Article 7 (Functions of Operating Team) |
The operating team shall perform the following tasks:
| 1. | Operation and management of common system-related hardware, system software, application software, etc. and protection of information; |
| 2. | Support for the common system, such as linkage management of information distribution among criminal justice agencies; |
| 3. | Common system development projects, such as upgrading the common system; |
| 4. | Other tasks necessary for implementing the tasks of the operating team. |
| Article 8 (Obligations of Operating Team) |
| (1) | The operating team shall maintain stable management of the common system to ensure that there is no hindrance for criminal justice agencies in conducting their criminal justice duties. |
| (2) | If the common system needs to be changed due to a change in the system of a criminal justice agency, the operating team shall actively cooperate. |
| Article 9 (Request for Cooperation from Relevant Institutions or Organizations) |
If necessary for the operating team in conducting its tasks, the head of the operating team may hear opinions from relevant public officials or experts with professional knowledge and experience, or may request necessary cooperation from relevant institutions or organizations.
| Article 10 (Remuneration) |
| (1) | The remuneration of public officials dispatched to the operating team shall be paid by the institution to which they originally belong. |
| (2) | Allowances, travel expenses, and other necessary expenses may be paid to public officials dispatched to the operating team within the budget. |
| Article 11 (Chairperson of the Council) |
| (1) | The term of office of the chairperson of the Council (hereinafter referred to as the “Chairperson”) shall be two years. |
| (2) | Members from the same criminal justice agency may not be appointed consecutively as the Chairperson. |
| (3) | The Council shall have one executive secretary, who shall become a member of the Working Council for Criminal Justice Information System under Article 13 of the Act, of the institution to which the Chairperson belongs (hereinafter referred to as the “supervising member of the Working Council”). |
| Article 12 (Holding of Council Meetings) |
| (1) | Regular meetings of the Council under Article 11 (1) of the Act shall be held in March and September every year, except under special circumstances. |
| (2) | Each member of the Council may request in writing an extraordinary meeting to be held pursuant to Article 11 (2) of the Act. |
| (3) | In the event of a request under paragraph (2), the Chairperson shall hold an extraordinary meeting within 14 days from the date of the request, unless there is a compelling reason not to do so. |
| (4) | When convening a regular or an extraordinary meeting, the Chairperson shall notify each member in writing of the agenda, date, time, and place of the meeting at least seven days prior to the meeting. |
| (5) | Where the opinion of the Korean Bar Association is to be heard pursuant to Article 11 (4) of the Act, the Chairperson shall notify the Korean Bar Association of the agenda, date, time, and place of the meeting at least seven days prior to the meeting so that the Korean Bar Association can submit its opinion. |
| Article 13 (Consultation of the Council) |
| (1) | If necessary for conducting its tasks, the Council may have relevant public officials or experts with professional knowledge and experience attend a meeting to hear their opinions. |
| (2) | If deeming it necessary, the Chairperson may conduct a closed meeting after obtaining the consent of all members of the Council. |
| (3) | The contents agreed upon by all members of the Council can be documented in writing in addition to the minutes of the meeting. |
| Article 14 (Meeting Minutes) |
| (1) | The Council shall prepare and keep the minutes of its meetings. |
| (2) | The minutes of a meeting become final when each member of the Council reads and signs them. |
| (3) | The Chairperson shall give each member of the Council a copy of the final minutes of a meeting. |
| (4) | The minutes of a meeting shall be managed by the Chairperson and be kept for 10 years. |
| Article 15 (Composition of Working Council for Criminal Justice Information System) |
The Working Council for Criminal Justice Information System under Article 13 of the Act (hereinafter referred to as the "Working Council") shall consist of six members, each of whom is nominated by each member of the Council from among judges, prosecutors, prosecutors of the Corruption Investigation Office for High-ranking Officials, superintendents or higher-ranking police officials, Grade IV or higher-ranking public officials in general service belonging to criminal justice agencies, and the head of the operating team. <Amended on Apr. 5, 2022>
| Article 16 (Holding of Working Council) |
| (1) | Meetings of the Working Council shall be divided into regular meetings and extraordinary meetings. |
| (2) | Regular meetings of the Working Council shall be held in March and September every year, except under special circumstances. |
| (3) | An extraordinary meeting of the Working Council may be held in cases where it is necessary to review and adjust in advance the agenda of the extraordinary meeting under Article 11 (2) of the Act, or where a member of the Working Council requests to hold it. |
| (4) | Meetings of the Working Council shall be presided over by the supervising member of the Working Council. |
| (5) | Each member of the Working Council may request in writing that the supervising member of the Working Council hold an extraordinary meeting under paragraph (3). |
| (6) | In the event of a request under paragraph (5), the supervising member of the Working Council shall hold a meeting within 14 days from the date of the request. |
| (7) | The supervising member of the Working Council shall notify each member of the Working Council in writing of the agenda, date, time, and place of the meeting at least seven days prior to the meeting. |
| Article 17 (Meeting Minutes) |
| (1) | The Working Council shall prepare and keep the minutes of its meetings. |
| (2) | The minutes of a meeting become final when each member of the Working Council reads and signs them. |
| (3) | The supervising member of the Working Council shall give each member of the Working Council a copy of the final minutes of a meeting. |
| (4) | The minutes of a meeting shall be managed by the supervising member and be kept for 10 years. |
| Article 18 (Processing of Sensitive Information and Personally Identifiable Information) |
Criminal justice agencies (for the tasks specified in subparagraph 5, those entrusted with the tasks of the criminal justice agencies pursuant to Article 8 (3) of the Act are included) may process sensitive information under Article 23 of the Personal Information Protection Act, resident registration numbers, passport numbers, driver's license numbers, or alien registration numbers under Article 19 of the Enforcement Decree of said Act, or other data containing personal information, where unavoidable in order to perform the following: | 1. | Tasks related to the promotion of digitalization of criminal justice process under Article 3 of the Act; |
| 6. | Tasks necessary for performing the tasks listed in subparagraphs 1 through 5. |
[This Article Newly Inserted on Aug. 6, 2014]
ADDENDUM <Presidential Decree No. 22136, Apr. 29, 2010>
This Decree shall enter into force on May 1, 2010.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDUM <Presidential Decree No. 30833, Jul. 14, 2020>
This Decree shall enter into force on July 15, 2020.
ADDENDUM <Presidential Decree No. 32562, Apr. 5, 2022>
This Decree shall enter into force on the date of its promulgation.