CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe the basic organization and scope of duties of the police and other necessary matters for the democratic management and operation of the police and the efficient performance of their duties.
| Article 2 (Responsibilities of the State and Local Governments) |
The State and local governments shall establish and implement measures necessary to protect the lives, bodies, and property of citizens and to maintain public order and security.
| Article 3 (Duties of Police) |
The duties of police shall be as follows:
| 1. | Protection of lives, bodies, and property of the citizens; |
| 2. | Prevention, suppression, and investigation of crimes; |
| 3. | Protection of crime victims; |
| 4. | Providing guard and VIP security services and counter-espionage and counter-terrorism operations; |
| 5. | Collection, preparation, and distribution of information to prevent and respond to threats to public security; |
| 6. | Traffic control and prevention of danger and injuries; |
| 7. | International cooperation with foreign government agencies and international organizations; |
| 8. | Other activities to maintain public order and security. |
| Article 4 (Affairs of Police) |
| (1) | The affairs of police shall be classified as follows: |
| 1. | National police affairs: Duties of the police prescribed in Article 3: Provided, That autonomous police affairs under subparagraph 2 shall be excluded herefrom; |
| 2. | Autonomous police affairs: The following affairs concerning life safety, traffic, security, investigation, etc. in areas under their jurisdiction within the scope of police duties specified in Article 3: |
| (a) | Affairs related to the safety and life activities of residents in the region; |
| (i) | Patrolling and operating facilities for life safety; |
| (ii) | Support and guidance for crime prevention efforts involving residents' participation; |
| (iii) | Emergency rescue support in the event of safety accidents and disasters; |
| (iv) | Protection of children, youth, senior citizens, women, persons with disabilities, and other persons requiring social protection; and prevention of domestic violence, school violence, sexual violence, etc.; |
| v) | Maintenance of public order related to residents' daily lives; and guidance for and control of violations thereof: Provided, That the affairs of other administrative agencies, such as local governments, shall be excluded; |
| vi) | Other affairs related to the safety of livelihood of local residents; |
| (b) | Affairs concerning traffic activities in the area; |
| (i) | Guidance and control of violations of traffic laws; |
| (ii) | Deliberation on, installation, and management of traffic safety facilities and unmanned traffic regulation equipment; |
| (iii) | Education and publicity on traffic safety; |
| (iv) | Support and guidance for local transportation activities involving residents' participation; |
| (v) | Affairs concerning various permission and reports, such as permission for passage, reporting of school buses for children, and applications for the designation of emergency motor vehicles; |
| (vi) | Other affairs concerning traffic safety and communication in the region; |
| (c) | Traffic-congestion and safety management for events in multi-user centers in the region; |
| (d) | Any of the following investigative affairs: |
| (i) | Juvenile crimes, such as school violence; |
| (ii) | Crimes of domestic violence and child abuse; |
| (iii) | Traffic accidents and traffic-related crimes; |
| (v) | Minor offenses and crimes related to basic order; |
| (2) | Detailed matters, the scope, etc. of administrative affairs of autonomous police under paragraph (1) 2 (a) through (c) shall be prescribed by City/Do Municipal Ordinances in compliance with the standards prescribed by Presidential Decree. |
| (3) | Detailed matters, scope, etc. concerning autonomous police affairs under paragraph (1) 2 (d) shall be prescribed by Presidential Decree. |
| Article 5 (Prohibition of Abuse of Authority) |
In carrying out their duties, the police shall protect the freedoms and rights of the citizens and the inviolable fundamental human rights of all individuals in accordance with the Constitution and statutes, observe impartiality and neutrality as a servant to the citizens as a whole, and shall not abuse the authority granted to them.
| Article 6 (Performance of Duty) |
| (1) | Police officers shall perform their duties under the direction and supervision of their superiors and shall cooperate with each other in the performance of their duties. |
| (2) | Police officers may object to the legality or legitimacy of the direction and supervision in paragraph (1) related to a specific case investigation. |
| (3) | Matters necessary for the performance of duties of police officers shall be prescribed by other statutes. |
CHAPTER II KOREAN NATIONAL POLICE COMMISSION
| Article 7 (Establishment of Korean National Police Commission) |
| (1) | The Korean National Police Commission shall be established in the Ministry of Public Administration and Security to deliberate and resolve on matters concerning national police administration in the subparagraphs of Article 10 (1). |
| (2) | The Korean National Police Commission shall be comprised of seven members including one chairperson, and the chairperson and five members shall be non-standing, while one member shall be standing. |
| (3) | A permanent member among the members referred to in paragraph (2) shall be in political service. |
| Article 8 (Appointment and Grounds for Disqualification of Members of Korean National Police Commission) |
| (1) | A member shall be appointed by the President on the recommendation of the Minister of Public Administration and Security through the Prime Minister. |
| (2) | The Minister of the Interior and Safety shall, when recommending the appointment of a member, endeavor to guarantee the political neutrality of the police. |
| (3) | Two out of the members shall be qualified as a court judge. |
| (4) | Members shall endeavor to ensure that no more than six-tenths of the members are of a particular gender. |
| (5) | A person who falls under any of the following cases shall not be a member, and if a member falls under any of the following cases, he or she shall be subject to Ipso Facto Retirement: |
| 1. | A person who is a member of a political party or for whom three years have not passed since the date of leaving the party register; |
| 2. | A person for whom three years have not elapsed since he or she was in a public office to be inaugurated by election or retired from such public office; |
| 3. | A person for whom three years have not passed since such person retired as an employee of the police, prosecutors' office, or the National Intelligence Service or retired from a military position; |
| Article 9 (Term of Office and Status Guarantee for Members of Korean National Police Commission) |
| (1) | The term of office of members shall be three years, and they shall not be reappointed consecutively. In such cases, the term of office of a member filling a vacancy shall be the remainder of his or her predecessor's term of office. |
| (2) | No member shall be dismissed against the will of such member unless such member becomes unable to conduct the duties due to serious physical or mental illness. |
| Article 10 (Matters Subject to Deliberation and Resolution of Korean National Police Commission) |
| (1) | The following matters shall be subject to deliberation and resolution by the Korean National Police Commission: |
| 1. | Matters concerning major policies for the national police, such as personnel, budget, equipment and communications, and development of duties of the national police; |
| 2. | Matters concerning the operation and improvement of the police with respect to the protection of human rights of national police affairs; |
| 3. | Matters concerning major policies to prevent corruption and improve integrity of affairs of national police; |
| 4. | Matters concerning requests from other State agencies for cooperation in business, other than affairs of national police; |
| 5. | Matters concerning major policies for support and cooperation, coordination in concluding agreements, etc. of national police for the autonomous police of the Jeju Special Self-Governing Province; |
| 6. | Matters concerning recommendation of the members of the City/Do autonomous police committee under Article 18, matters concerning major statutes, policies, etc. concerning autonomous police affairs, and requests for resolution by the City/Do autonomous police committee under Article 25 (4); |
| 7. | Matters concerning the formulation of policies under Article 2; |
| 8. | Matters concerning the direction and order of the Commissioner General of the Korean National Police Agency to maintain national security, such as emergencies, etc. referred to in Article 32; |
| 9. | Other matters deemed important and tabled to a meeting of the Korean National Police Commission by the Minister of the Interior and Safety and the Commissioner General of the Korean National Police Agency. |
| (2) | Where the Minister of the Interior and Safety deems that a matter deliberated and resolved pursuant to paragraph (1) or (2) is not appropriate, the Minister may request a reconsideration. |
| Article 11 (Operation of Korean National Police Commission) |
| (1) | The affairs of the Korean National Police Commission shall be performed by the National Police Agency. |
| (2) | Meetings of the Korean National Police Commission shall be held with a majority of all incumbent members present and resolutions shall be passed with the affirmative vote of a majority of those present. |
| (3) | Except as provided in this Act, matters necessary for the operation of the Korean National Police Commission, the specific scope of deliberations and resolutions pursuant to Article 10 (1), and requests for reconsideration shall be prescribed by Presidential Decree. |
CHAPTER III KOREAN NATIONAL POLICE AGENCY
| Article 12 (Organization of Police) |
The Korean National Police Agency shall be established under the control of the Minister of Public Administration and Security to administer affairs concerning public security.
| Article 13 (Agencies Taking Partial Charge of Police Duties in Regional Areas) |
In order to carry out police work in a regional manner, a Special Metropolitan City, Metropolitan City, Do, Special Self-Governing Province (hereinafter referred to as “City/ Do”) shall have a City/Do police agency, and police stations shall be established under the authority of the commissioner of the City/Do police agency. In such cases, two City/Do police agencies may be established under the control of each City Mayor/Do in consideration of population, administrative districts, area, geographical characteristics, traffic and other conditions.
| Article 14 (Commissioner General of the Korean National Police Agency) |
| (1) | The Korean National Police Agency shall have the Commissioner General of the Korean National Police Agency, and the Commissioner General of the Korean National Police Agency shall be appointed as the commissioner general. |
| (2) | The Commissioner General of the Korean National Police Agency shall be appointed by the President through the Prime Minister upon the recommendation of the Minister of Public Administration and Security with the consent of the National Police Commission. In such cases, a confirmation hearing shall be held at the National Assembly. |
| (3) | The Commissioner General of the Korean National Police Agency shall administer general national police affairs, supervise the duties of the Korean National Police Agency, and direct and supervise public officials and the heads of police agencies of each rank under his or her control. |
| (4) | The term of office of the Commissioner General of the Korean National Police Agency shall be two years, and he or she shall not be appointed for a consecutive term. |
| (5) | When the Commissioner General of the Korean National Police Agency contravenes the Constitution or statutes in the course of performing his or her duties, the National Assembly may resolve to impeach the Commissioner. |
| (6) | Where the Commissioner General of the Korean National Police Agency provides the affairs related to investigation by the police, he or she shall not specifically direct and supervise the investigation of any individual case: Provided, That where reasonable grounds exist to determine that integrated on-site response is necessary, such as large mobilization of police resources, in conducting investigations of urgent and important cases which cause serious danger to the life, body, property, or public safety, etc. of citizens, the head of the National Investigation Agency prescribed in Article 16 may direct and supervise the investigation of individual cases in detail. |
| (7) | When the Commissioner General of the Korean National Police Agency has commenced specific command and supervision of an investigation of an individual case pursuant to the proviso of paragraph (6), he or she shall report it to the Korean National Police Commission. |
| (8) | Where the cause provided for in the proviso to paragraph (6) is resolved, the Commissioner General of the Korean National Police Agency shall discontinue specific command and supervision of the investigation of each case. |
| (9) | Where the head of the investigation department decides that the cause under the proviso of paragraph (5) has been resolved and proposes to suspend the specific command and supervision of the investigation of an individual case, the Commissioner of the Korea Coast Guard shall approve it, unless there is a special reason. |
| (10) | Necessary matters such as the scope of urgent and important incidents, etc. stipulated in the proviso of paragraph (5) shall be prescribed by Presidential Decree. |
| Article 15 (Deputy Commissioner of Korean National Police Agency) |
| (1) | The Korean National Police Agency shall have the Deputy Commissioner General and the Deputy Commissioner General shall be appointed as the chief superintendent general. |
| (2) | The Deputy Commissioner General shall assist the Commissioner General of the Korean National Police Agency, and when the Commissioner General of the Korean National Police Agency is unable to perform his or her duty due to any extenuating circumstance, the Deputy Commissioner General shall act on his or her behalf. |
| Article 16 (Director of National Investigation Headquarters) |
| (1) | The National Investigation Headquarters shall be established in the Korean National Police Agency, and the Director of the National Investigation Headquarters shall be appointed as the chief superintendent general. |
| (2) | The Director of the National Investigation Headquarters shall direct and supervise the Commissioner of each City/Do police agency, the chief of each police station, and public officials of the investigative department concerning investigation by the police under the Criminal Procedure Act. |
| (3) | The term of office of the Director of the National Investigation Headquarters shall be two years, and he or she shall not be appointed for a consecutive term. |
| (4) | The Director of the National Investigation Headquarters shall retire automatically when his or her term of office expires. |
| (5) | When the Director of the National Investigation Headquarters contravenes the Constitution or statutes in the course of performing his or her duties, the National Assembly may resolve to impeach the Commissioner. |
| (6) | When it is necessary to recruit and appoint the Director of the National Investigation Headquarters from outside the Korean National Police Agency, the Director of the National Investigation Headquarters shall be appointed from among persons who meet the following qualifications: |
| 1. | A person who has served as a public official belonging to the Senior Executive Service under Article 2-2 of the National Public Officials Act, a public official of Grade III or higher, or a person who has served as a police officer at the rank of Superintendent or higher, among those who have been engaged in investigative affairs for at least 10 years; |
| 2. | A person who has served as a judge, prosecutor, or attorney-at-law for at least 10 years; |
| 3. | A person who is qualified as an attorney-at-law and has been engaged in legal affairs for at least 10 years at a national institution, a local government, or a public institution under Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as “national institution, etc.”); |
| 4. | A person who has held a position of assistant professor or higher in the field of law, police science, or coast guard at a university or an authorized research institute, or a position equivalent thereto for at least 10 years; |
| 5. | A person who has 15 years or more in the total of his or her career period under subparagraphs 1 through 4. |
| (7) | Where the Director of the National Investigation Headquarters is recruited and appointed outside the Korean National Police Agency, a person who falls under any of the following cannot become the Director of the National Investigation Headquarters: |
| 2. | A person who is a member of a political party or for whom three years have not passed since the date of leaving the party register; |
| 3. | A person who is in a public office held by election, or who has not been in that office for more than three years from the date of leaving that office; |
| 4. | A public official falling under paragraph (6) 1 or a person for whom one year has not passed since the date of retirement from the office of a judge or public prosecutor under paragraph (6) 2; |
| 5. | A person falling under paragraph (6) 3 for whom one year has not elapsed since the date of retirement from a national institution, etc. |
| Article 17 (Subordinate Organizations) |
| (1) | The subordinate organizations of the Korean National Police Agency shall be the headquarters, bureaus, or divisions. |
| (2) | The assistant officer, who serves the Commissioner General, Deputy Commissioner General, the heads of bureaus or the heads of departments of the Korean National Police Agency by formulating policies, drafting plans, and conducting surveys and research, may be appointed under the direct control of them. |
| (3) | The names of sub-organizations of the Korean National Police Agency, allotment of affairs among them, and the number of public officials shall be prescribed by Presidential Decree or by Ordinance of the Ministry of Public Administration and Security by applying Article 2 (4) and (5) of the Government Organization Act mutatis mutandis. |
CHAPTER IV COMMITTEE ON CITY/DO AUTONOMOUS POLICE
| Article 18 (Establishment of the City/Do Autonomous Police Committee) |
| (1) | A City/Do autonomous police committee shall be established under the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") to administer autonomous police affairs: Provided, That where two City/Do police agencies are established in a City/Do under the latter part of Article 13, two City/Do autonomous police committees may be established under the control of a Mayor/Do Governor. <Amended on Mar. 30, 2021> |
| (2) | A City/Do autonomous police committee shall be a collegiate administrative agency and shall independently perform the affairs within its authority. |
| (3) | Where two City/Do autonomous police committees are established pursuant to the proviso of paragraph (1), the names, jurisdictions, duties allocated, and other necessary matters regarding the relevant City/Do autonomous police committees shall be prescribed by Presidential Decree. <Newly Inserted on Mar. 30, 2021> |
| Article 19 (Composition of City/Do Autonomous Police Committee) |
| (1) | A City/Do autonomous police committee shall be comprised of seven members including one chairperson, and the chairperson and one member shall be standing, while five members shall be non-standing. |
| (2) | Members shall endeavor to ensure that no more than six-tenths of the members are of a particular gender. |
| (3) | Efforts shall be made to ensure that one of the members is a person with specialized knowledge and experience in human rights issues. |
| Article 20 (Appointment of Members of City/Do Autonomous Police Committee and Grounds for Disqualification) |
| (3) | The members of a City/Do autonomous police committee shall be appointed by a Mayor/Do Governor as follows: |
| 1. | Two persons recommended by the City/Do council; |
| 2. | One person recommended by the Korean National Police Commission; |
| 3. | One person recommended by the superintendent of education of the relevant City/Do; |
| 4. | Two persons recommended by the committee for recommendation of members of the City/Do autonomous police committee; |
| 5. | One person designated by the Mayor/Do Governor. |
| (2) | The members of a City/Do autonomous police committee shall meet any of the following qualifications: |
| 1. | A person who has served as a judge, prosecutor, or attorney-at-law for at least five years; |
| 2. | A person who is qualified as an attorney-at-law and has been engaged in legal affairs for at least five years at a national institution, etc.; |
| 3. | A person who has held a position of assistant professor or higher in the field of law, police science, or coast guard at a university or an authorized research institute, or a position equivalent thereto for at least five years; |
| 4. | Other residents in the jurisdiction who have abundant experience in the field of local autonomous administration, police administration, etc. and have abundant knowledge and a good reputation. |
| (3) | The chairperson of a City/Do autonomous police committee shall be appointed by a Mayor/Do Governor from among its members, and the standing members shall be appointed by the Mayor/Do Governor upon recommendation by the chairperson, following a resolution by the relevant City/Do autonomous police committee. In such cases, the chairperson and the standing member shall be public officials of a local government. |
| (4) | Members shall maintain political neutrality and shall not abuse their authority. |
| (6) | The chairperson and members who are not public officials shall be deemed public officials in the application of the penalty provisions provided for in the Criminal Act and other Acts. |
| (7) | None of the following persons shall be a member. Where a member falls under any of the following subparagraphs, he or she shall be subject to Ipso Facto Retirement: |
| 1. | A person who is a member of a political party or for whom three years have not passed since the date of leaving the party register; |
| 2. | A person who is in a public office held by election, or who has not been in that office for more than three years from the date of leaving that office; |
| 3. | A person who is a police officer, prosecutor, national intelligence officer, or member of the armed forces, or who has not been a member of the armed forces for more than three years from the date of retirement from that position; |
| 4. | Public officials of the State and local governments (excluding persons who are assistant professors or higher of national or public universities; hereafter in this Article the same shall apply) or former public official for whom three years have not passed since his or her retirement: Provided, That where the chairperson and the standing member become public officials of a local government, they shall not be subject to Ipso Facto Retirement; |
| (8) | Other necessary matters concerning methods, etc. for the appointment of members shall be determined by City/Do Municipal Ordinances in accordance with the standards prescribed by Presidential Decree. |
| Article 21 (City/Do Autonomous Police Committee Member Recommendation Committee) |
| (1) | A City/Do autonomous police committee member recommendation committee shall be established under the jurisdiction of a Mayor/Do Governor to recommend members of a City/Do autonomous police committee. |
| (2) | A Mayor/Do Governor shall organize the members of the committee for recommendation of members of the City/Do autonomous police committee to ensure the opinions of residents in the areas under their jurisdiction are collected. |
| (3) | Necessary matters concerning the number of members, qualifications, composition, and operation of a City/Do autonomous police committee shall be prescribed by Presidential Decree. |
| Article 22 (Duties of Chairperson of City/Do Autonomous Police Committee) |
| (1) | The chairperson of a City/Do autonomous police committee shall represent the City/Do autonomous police committee, preside over its meetings, and conduct affairs following resolutions of the City/Do autonomous police committee. |
| (2) | Where the chairperson of a City/Do autonomous police committee is unable to perform his or her duty due to any extenuating circumstance, the standing committee member and the members of of the City/Do autonomous police committee, in order of seniority, shall act on his or her behalf. |
| Article 23 (Term of Office and Guarantee of Status of Members of City/Do Autonomous Police Committee) |
| (1) | The term of office of the chairperson of members of a City/Do autonomous police committee shall be three years, and they shall not be reappointed consecutively. |
| (2) | The term of office of a member filling a vacancy shall be the remainder of his or her predecessor's term of office, and where the remainder of his or her predecessor is less than one year, such supplementary member may be recommissioned only once, notwithstanding paragraph (1). |
| (3) | No member shall be dismissed against the will of such member unless such member becomes unable to conduct the duties due to serious physical or mental illness. |
| Article 24 (Affairs under Jurisdiction of City/Do Autonomous Police Committee) |
| (1) | The duties of a City/Do autonomous police committee shall be as follows: |
| 1. | Establishment and evaluation of goals for autonomous police affairs; |
| 2. | Major policies on personnel, budget, equipment, communication, etc. related to autonomous police affairs and their operational support; |
| 3. | Appointment and evaluation of public officials in charge of autonomous police affairs, and operation of a personnel committee; |
| 4. | Improvement of major policies for the prevention of corruption and integrity of public officials in charge of autonomous police affairs and the rules, systems, policies, practices, etc. which are likely to infringe upon human rights or to abuse their authority; |
| 5. | Establishment of policies under Article 2; |
| 6. | Consultation with the Commissioner General of the Korean National Police Agency regarding the appointment of the commissioner of a City/Do police agency under Article 28 (2), evaluation under Article 30 (4), and notification of the results thereof; |
| 7. | Conducting an audit and inspection of affairs of the autonomous police agency, and requesting the audit and inspection thereof; |
| 8. | Requests for an inspection against a public official in charge of autonomous police affairs of major misdeeds; |
| 9. | Requests for disciplinary actions against public officials in charge of autonomous police affairs; |
| 10. | Examination of grievances and morale of public officials in charge of autonomous police affairs; |
| 11. | Checking important cases, accidents, and pending issues related to autonomous police affairs; |
| 12. | Enactment, amendment, or repeal of rules concerning autonomous police affairs; |
| 13. | Coordination of duties concerning local administration and public security administration, and other necessary consultation and coordination; |
| 14. | Affairs related to the direction and order of the Commissioner General of the Korean National Police Agency to maintain national security, such as emergencies, etc. pursuant to Article 32; |
| 15. | Consultation with the Commissioner General of the Korean National Police Agency concerning the cooperation and coordination of national police affairs and autonomous police affairs; |
| 16. | Requesting the Korean National Police Commission to deliberate and mediate; |
| 17. | Deliberation and resolution on other matters submitted to a meeting of a City/Do autonomous police committee as deemed important by a Mayor/Do Governor or the commissioner of a City/Do police agency. |
| (2) | No Mayor/Do Governor shall engage in any activity for any political or personal purpose in connection with the affairs of a City/Do autonomous police committee. |
| Article 25 (Matters Subject to Deliberation and Resolution of City/Do Autonomous Police Committee) |
| (1) | A City/Do autonomous police committee shall deliberate and resolve on the affairs under Article 24. |
| (2) | Meetings of a City/Do autonomous police committee shall be held with a majority of all incumbent members present and resolutions shall be passed with the affirmative vote of a majority of those present. |
| (3) | Where a Mayor/Do Governor deems that a matter deliberated and resolved by a City/Do autonomous police committee pursuant to paragraph (1) is not appropriate, he or she may request reconsideration. |
| (4) | If a decision of a committee is deemed to violate any statute or regulation or to significantly harm the public interest, the Minister of the Interior and Safety may, after hearing the Commissioner General of the Korean National Police Agency's opinion in advance, have the Mayor/Do Governor make a request for reconsideration under paragraph (3), and the Commissioner General of the Korean National Police Agency may have the Mayor/Do Governor reconsider the resolution, through the National Police Commission and the Minister of the Interior and Safety. |
| (5) | The chairperson of a City/Do autonomous police committee shall convene a meeting of the committee and make a re-resolution within seven days from the date of receipt of a request for reconsideration. In such cases, when the same resolution as the preceding one is adopted with the attendance of a majority of all incumbent members and the consent of at least two-thirds of those present, the resolution shall become final. |
| Article 26 (Management of City/Do Autonomous Police Committee) |
| (1) | Meetings of a City/Do autonomous police committee shall be held regularly: Provided, That a special meeting may be held where the chairperson deems it necessary, where at least two members request it, or where a Mayor/Do Governor deems it necessary. |
| (2) | Where there exists an interested party related to the agenda of a meeting, a City/Do autonomous police committee may hear his or her opinion or have him or her attend the relevant meeting. |
| (3) | Any member who is not a public official, from among members of a City/Do autonomous police committee, may be paid expenses for their work activities within the budget. |
| (4) | Other matters necessary for the operation, etc. of a City/Do autonomous police committee shall be determined by City/Do Municipal Ordinances, as prescribed by Presidential Decree. |
| (1) | A secretariat shall be established under a City/Do autonomous police committee to manage the administrative affairs of the City/Do autonomous police committee. |
| (3) | Notwithstanding Article 44 (3) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, Article 27 (2) of this Act shall apply preferentially to Jeju Special Self-Governing Province pursuant to the proviso of Article 6 (1) of that Act. |
| (4) | Matters necessary for the organization, number of employees, operation, etc. of a secretariat shall be determined by City/Do Municipal Ordinances in accordance with the standards prescribed by Presidential Decree after hearing the opinions of the Commissioner General of the Korean National Police Agency. |
CHAPTER V CITY/DO POLICE AGENCY AND POLICE STATIONS
| Article 28 (Commissioners of City/Do Police Agencies) |
| (1) | A City/Do police agency shall have the commissioner of a City/Do police agency, and the commissioners of the City/Do police agency shall be appointed as the chief superintendent general, senior superintendent general, or superintendent general. |
| (2) | Notwithstanding Article 7 of the Police Officials Act, the commissioner of a City/Do police agency shall be appointed by the President through the Prime Minister upon the recommendation of the Minister of Public Administration and Security, from among the persons recommended by the Commissioner General of the Korean National Police Agency in consultation with a City/Do autonomous police committee. |
| (3) | The commissioner of a City/Do police agency shall take charge of administrative affairs within its jurisdiction under the direction and supervision of the Commissioner General of the Korean National Police Agency for national police affairs and under the direction and supervision of a City/Do autonomous police committee for autonomous police affairs, and direct and supervise public officials under his or her jurisdiction and the heads of the competent police agencies: Provided, That with respect to the affairs concerning investigation, the commissioner shall be in charge of the affairs under his or her jurisdiction under the direction and supervision of the Director of the National Investigation Headquarters, and direct and supervise the public officials and the head of a police agency under his or her jurisdiction. |
| (4) | In cases falling under the main clause of paragraph (3), the relevant City/Do autonomous police committee shall direct and supervise the commissioner of the relevant City/Do police agency through deliberation and resolution on the autonomous police affairs: Provided, That where the City/Do autonomous police committee has insufficient time to deliberate and resolve on a case or it is difficult to deliberate and decide on a case, it shall be deemed that the authority of the City/Do autonomous police committee to command and supervise it are entrusted to the commissioner of the City/Do police agency, as prescribed by Presidential Decree. |
| Article 29 (Deputy Commissioner of City/Do Police Agency) |
| (1) | A City/Do police agency may have the deputy commissioner. |
| (2) | A deputy commissioner shall handle affairs under his or her control, assisting the commissioner of the relevant City/Do police agency, and when the commissioner of the relevant City/Do police agency is unable to perform his or her duty due to any extenuating circumstance, the deputy commissioner shall act on his or her behalf. |
| Article 30 (Chiefs of Police Stations) |
| (1) | A police station shall have the chief of a police station, and the chief of each police station shall be appointed as the superintendent general, senior superintendent, or superintendent. |
| (2) | The chief of a police station shall supervise affairs under his or her control in areas under his or her jurisdiction under the direction and supervision of the commissioner of the relevant City/Do police agency, and direct and supervise public officials under his or her control. |
| (3) | An area patrol unit or police substation shall be established under the chief of a police station, and the standard for its establishment shall be determined by Ordinance of the Ministry of the Interior and Safety in consideration of the characteristics of the jurisdiction such as security needs, transportation, and geography: Provided, That if necessary, branch offices may be established. |
| (4) | A City/Do autonomous police committee shall notify the Commissioner General of the Korean National Police Agency of the results of evaluation conducted by the chief of each police station concerning the performance of autonomous police affairs, and the Commissioner General of the Korean National Police Agency shall reflect such results. |
| Article 31 (Organization of Offices) |
Titles, locations, jurisdictional areas, sub-organizations and the number of public officials of City/Do police agencies and police stations and other necessary matters shall be prescribed by Presidential Decree or by Ordinance of the Ministry of Public Administration and Security by applying Article 2 (4) and (5) of the Government Organization Act mutatis mutandis.
CHAPTER VI DIRECTION AND ORDERS OF COMMISSIONER GENERAL OF THE KOREAN NATIONAL POLICE AGENCY FOR MAINTENANCE OF NATIONAL SECURITY OF EMERGENCY
| Article 32 (Direction and Order of Commissioner General of the Korean National Police Agency for Maintenance of National Security of Emergency) |
| (1) | In any of the following cases, the Commissioner General of the Korean National Police Agency may direct and order police officials who perform autonomous police affairs (including autonomous police officials of Jeju Special Self-Governing Province) pursuant to paragraph (2): |
| 1. | Where there is a sufficient reason to believe that an emergency measure is necessary to maintain national security, due to a war, an incident, a natural disaster, or any other national emergency equivalent thereto, a large-scale terrorism or a major crisis has occurred or is likely to occur; |
| 2. | Where there are grounds enough to believe that it is necessary to implement public security policies which apply equally to multiple Cities/Dos with respect to matters having serious influences on public safety. |
| 3. | Where there are grounds to deem that support and coordination by the Commissioner General of the Korean National Police Agency is necessary because it is difficult to protect lives, bodies, and property and maintain public order in terms of the police force of the relevant City/Do, with respect to autonomous police affairs. |
| (2) | Where the measures pursuant to paragraph (1) are necessary, the Commissioner General of the Korean National Police Agency shall present the grounds for directly directing and ordering police officials in charge of autonomous police affairs to the City/Do autonomous police committee, the details thereof, etc. |
| (3) | The City/Do autonomous police committee in receipt of notification under paragraph (2) shall order a police officer in charge of autonomous police affairs to promptly follow the direction and order of the Commissioner General of the Korean National Police Agency, except in extenuating circumstances; and if it is deemed that no reason prescribed in paragraph (1) exists, it may request the Commissioner General of the Korean National Police Agency to suspend the direction and order. |
| (4) | Where the Commissioner General of the Korean National Police Agency issues any command or order pursuant to paragraph (1), he or she shall immediately report it to the Korean National Police Commission: Provided, That in cases under paragraph (1) 3, it shall undergo a resolution by the Korean National Police Commission in advance, and in cases of emergency, it shall be referred to the Korean National Police Commission for resolution without delay after taking preferential measures. |
| (5) | The Korean National Police Commission, upon receipt of a report under paragraph (4), may, when it deems that the grounds prescribed in paragraph (1) do not exist, make a resolution to discontinue such direction and order and notify the Commissioner General of the Korean National Police Agency thereof. |
| (6) | The Commissioner General of the Korean National Police Agency shall, when the ground for directing and ordering a police officer ceases to exist, immediately suspend such direction and order. |
| (7) | In cases falling under paragraph (1) 3, a City/Do autonomous police committee may request the Commissioner General of the Korean National Police Agency for support and coordination by resolution, specifying the scope of and period for support and coordination. |
| (8) | The Commissioner of the Jeju Special Self-Governing Provincial Police Agency may delegate the authority to command and order under paragraph (1) to the Commissioner of the Jeju Special Self-Governing Provincial Police Agency, within the jurisdiction of the Jeju Special Self-Governing Provincial Police Agency. |
CHAPTER VII PROMOTION OF SCIENCE AND TECHNOLOGY OF FIELDS OF PUBLIC SECURITY
| Article 33 (Support for Research and Development Necessary for Public Security) |
| (1) | The Commissioner General of the Korean National Police Agency shall prepare and implement policies to promote science and technology in the field of public security, including the research, experiment, examination and development of technology required for public security (hereinafter referred to as "research and development projects") and training of specialists. |
| (2) | To efficiently promote research and development projects, the Commissioner of the Korean National Police Agency may have any of the following institutions, organizations, etc. conduct research and development projects by entering into an agreement with them: |
| 1. | A national or public research institute; |
| 4. | A university, industrial university, junior college, or technical college under the Higher Education Act; |
| 5. | A public security research institute established as a corporation pursuant to the Civil Act or any other statutes, or a research institute annexed to corporations; |
| 7. | Other institutions or organizations prescribed by Presidential Decree, which conduct the research, examination, technology development, etc. related to public security. |
| (3) | The Commissioner General of the Korean National Police Agency may fully or partially contribute or subsidize the expenses required by the institutions, organizations, etc. referred to in each subparagraph of paragraph (2) in implementing research and development projects. |
| (4) | Matters necessary for the implementation of research and development projects under paragraph (2) and the payment, use, management, etc. of contributions referred to in paragraph (3) shall be prescribed by Presidential Decree. |
CHAPTER VIII SUPPLEMENTARY PROVISIONS
| Article 34 (Financial Support to Autonomous Police Affairs) |
The State shall provide financial support to local governments for the expenses required for human resources, equipment, etc., so that they may efficiently perform the transferred administrative affairs.
| (1) | A budget necessary for the performance of autonomous police affairs shall be formulated by a Mayor/Do Governor, following deliberation and resolution by the City/Do autonomous police committee. In such cases, the City/Do autonomous police committee shall hear the opinion of the Commissioner General of the Korean National Police Agency. |
| (2) | A Mayor/Do Governor may provide financial support, etc. to a public official in charge of autonomous police affairs within the budget prescribed by ordinances. |
| (3) | A City/Do council may request the chairperson of a City/Do autonomous police committee to appear before the council and submit relevant materials by resolution for the efficient administration of the relevant budget. |
| Article 36 Deleted. <Nov. 15, 2022> |
ADDENDA <Act No. 17689, Dec. 22, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021.
Article 2 (Preparatory Activities for Enforcement of This Act)
Preparations and pilot operation necessary for the performance of autonomous police affairs, such as the composition of the National Investigation Headquarters and a City/Do autonomous police committee and securing human resources, facilities, and equipment necessary for the performance of autonomous police affairs, may be performed before this Act enters into force.
Article 3 (Special Cases concerning Pilot Operation for Performance of Autonomous Police Affairs)
| (1) | The commissioner of a City/Do police agency and a City/Do autonomous police committee may conduct a pilot operation regarding the performance of autonomous police affairs under this Act, in consultation. |
| (2) | The operation of a pilot operation of the performance of autonomous police affairs under paragraph (1) shall be completed by June 30, 2021. |
| (3) | Detailed matters necessary for a pilot operation of the performance of autonomous police affairs under paragraph (1) shall be prescribed by Presidential Decree. |
Article 4 (Transitional Measures concerning Police Committee)
| (1) | The police committee and the chairperson and members of the police committee as at the time this Act enters into force (hereafter in this Article referred to as "police committee, etc.") shall be deemed the Korean National Police Commission, the chairperson of the Korean National Police Commission, and the members thereof (hereafter in this Article referred to as the "Korean National Police Commission, etc."). In such cases, the term of office of the relevant chairperson and members shall be the remainder of the previous term of office. |
| (2) | The acts of or to the police committee, etc. under the former provisions as at the time this Act enters into force shall be deemed as the acts of or to the Korean National Police Commission. |
Article 5 (Transitional Measures concerning Local Police Agencies)
| (1) | A local police agency and the commissioner of a local police agency as at the time this Act enters into force (hereafter in this Article, referred to as "local police agency, etc.") shall be deemed a City/Do police agency and the commissioner of a City/Do police agency under this Act (hereafter in this Article referred to as "City/Do police agency, etc."). |
| (2) | The acts of or to the local police agency, etc. under the former provisions as at the time this Act enters into force shall be deemed as the acts of or to the City/Do police agency, etc. |
Article 6 (Transitional Measures concerning Administrative Disposition)
Administrative dispositions made by administrative agencies such as the Minister of Home Affairs, Seoul Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor, and other acts of administrative agencies or various reports or acts against administrative agencies under the former provisions as at the time the Police Act (Act No. 4369) enters into force shall be deemed to be acts of administrative agencies or acts against administrative agencies under this Act. Article 7 Omitted.
Article 8 (Relationship to Other Statutes)
Where the previous Police Act or the former provisions thereof are cited in other statutes as at the time this Act enters into force, and corresponding provisions exist in this Act, the corresponding provisions in the Act shall be deemed to have been cited in place of the former provisions. ADDENA <Act No. 17990, Mar. 30, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Preparation for Establishment of Multiple City/Do Autonomous Police Committees)
Preparations and pilot operation necessary for the establishment of two City/Do autonomous police committees in a City/Do, such as the formation of a City/Do autonomous police committee and the securing of human resources and facilities, may be performed even before this Act enters into force.
ADDENDA <Act No. 19023, Nov. 15, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Appointment of Chairperson of Sejong Special Self-Governing City Police Committee)
The chairperson of the Sejong Special Self-Governing City Police Committee appointed pursuant to the former provisions as at the time this Act enters into force shall be deemed the standing commissioner appointed pursuant to Articles 19 and 20, and his or her term of office shall be the remainder of the previous term of office. Article 3 (Transitional Measures concerning Appointment of One Standing Member who is not Chairperson of Police Committee of Sejong Special Self-Governing City)
The Sejong Special Self-Governing City Police Committee, the Chairperson of the Sejong Special Self-Governing City Police Committee, and the Mayor of Sejong Special Self-Governing City shall complete the procedure for appointment of standing members under Article 20 (3) within three months after this Act enters into force, and the term of office of a member newly appointed as a standing member shall be the remaining term of office of the former non-standing members.