FRAMEWORK ACT ON HEALTH, SAFETY, AND WELFARE OF POLICE OFFICIALS
Act No. 11334, Feb. 22, 2012
Amended by Act No. 12844, Nov. 19, 2014
Act No. 14839, Jul. 26, 2017
Act No. 14910, Oct. 24, 2017
Act No. 15760, Sep. 18, 2018
Act No. 17687, Dec. 22, 2020
Act No. 20313, Feb. 20, 2024
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to provide for matters necessary for the establishment and implementation of policies on health, safety, and welfare of police officials, hence promoting the improvement of working conditions and quality of life of police officials and enhancing the status and morale of police officials so that they can concentrate on their duty to maintain public order.
The terms used in this Act are defined as follows: <Amended on Nov. 19, 2014; Jul. 26, 2017; Oct. 24, 2017; Dec. 22, 2020>
| 1-2. | The term "police official injured while performing dangerous duties" means a police official who has risked his or her life and body and become ill or injured while performing dangerous duties falling under Article 3 (1) 2 of the Public Officials Pension Act; |
| 2. | The term "police official's family member" means any of the following persons: |
| (b) | A lineal ascendant or descendant of a police officials or his or her spouse; |
| 3. | The term "welfare facility" means any of the following facilities operated to improve welfare of police officials: |
| (a) | A cafeteria, commissary, staff lounge, or gas station in a police office or a station (including a coast guard office or station); |
| (b) | A child-care facility or housing facility; |
| (c) | A recreation center or training center; |
| (d) | A facility for leisure or cultural activities of police officials and their families; |
| (e) | Other facilities for the welfare of police officials; |
| 4. | The term "sports facility" means a facility operated for maintaining and improving physical fitness of police officials. |
| Article 3 (Responsibility of the State) |
| (1) | The State shall create an environment to improve health, safety, and welfare of police officials so as to help police officials concentrate on performing their duties while in service and enjoy a stable life after retirement. |
| (2) | The State shall establish and implement measures necessary to improve health, safety, and welfare of police officials. |
| (3) | The State shall endeavor to prevent and address health issues of police officials resulting from any dangerous working conditions or excessive workload by improving the working environment of police officials. |
| (4) | The State shall endeavor to fully support police officers who have become ill or injured while performing duties. <Newly Inserted on Oct. 24, 2017> |
| (5) | The State shall actively endeavor to raise funds for implementing policies necessary for health and safety and welfare improvement of police officers pursuant to this Act. <Amended on Oct. 24, 2017> |
| Article 4 (Relationship to other Acts) |
Except as otherwise provided for expressly in any other Act, the health, safety, and welfare of police officials shall be governed by provisions of this Act.
CHAPTER II FORMULATION OF MASTER PLANS FOR IMPROVEMENT OF HEALTH, SAFETY, AND WELFARE OF POLICE OFFICIALS
| Article 5 (Formulation of Master Plans for Improvement of Health, Safety, and Welfare of Police Officials) |
| (1) | The Commissioner General of the Korean National Police Agency and the Commissioner of the Korea Coast Guard shall formulate master plans for improving health, safety, and welfare of police officials (hereinafter referred to as "master plans") every five years after undergoing deliberation by the Policy Deliberative Committee for Improving Health, Safety and Welfare of Police Officers prescribed in Article 7. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | A master plan formulated pursuant to paragraph (1) shall be finalized with approval from the President of the Republic of Korea after consultation with the heads of related central administrative agencies. The same shall also apply where it is intended to amend a formulated master plan. |
| (3) | The Master Plan shall include the following matters: <Amended on Apr. 20, 2021> |
| 1. | Basic goals and the direction of policies on the improvement of health, safety, and welfare of police officials; |
| 2. | Improvement of working conditions of police officials; |
| 3. | Establishment and operation of welfare facilities and sports facilities for police officials (hereinafter referred to as "facilities for welfare, etc."); |
| 4. | Medical assistance, such as mental and physical health research, health examinations, and mental health checkups with consideration given to the nature of police officials' service; |
| 5. | Procurement and management of funds used for programs for health, safety, and welfare of police officials; |
| 6. | Research to improve health, safety, and welfare of police officials; |
| 7. | Other matters necessary for the improvement of health, safety, and welfare of police officials. |
| (4) | The Commissioner General of the Korean National Police Agency and the Commissioner of the Korea Coast Guard shall formulate and execute implementation plans each year in accordance with master plans. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (5) | The procedure for formulating a master plan and matters necessary for the formulation and execution of an implementation plan shall be prescribed by Presidential Decree. |
| Article 6 (Survey on Status Quo) |
| (1) | The Commissioner General of the Korean National Police Agency and the Commissioner of the Korea Coast Guard shall conduct a survey on the current status of health, safety, and welfare of police officials every five years and reflect the results thereof in master plans. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Matters subject to surveys on the status quo under paragraph (1) and matters necessary for the method of conducting such surveys shall be prescribed by Presidential Decree. |
| Article 7 (Policy Council for Improvement of Health, Safety and Welfare of Police Officials) |
| (1) | In order to deliberate on matters concerning formulation and implementation, etc. of polices for improving health, safety, and welfare of police officials, the Policy Deliberative Committee for Improving Health, Safety and Welfare of Police Officials (hereinafter referred to as the "Committee") shall be established and jointly operated by the Korean National Police Agency and the Korea Coast Guard. <Amended on Jul. 26, 2017; Oct. 24, 2017> |
| (2) | The Committee shall be comprised of not more than 22 persons, including two chairpersons. <Amended on Oct. 24, 2017> |
| (3) | The Deputy Commissioner General of the Korean National Police Agency and Deputy Commissioner of the Korea Coast Guard shall become chairpersons and members shall be commissioned or appointed from among the following persons after consultations with the Commissioner General of the Korean National Police Agency and Commissioner of the Korea Coast Guard: <Amended on Oct. 24, 2017> |
| 1. | Persons with abundant knowledge and experiences in health, safety, and welfare of police officials; |
| 2. | Public officials in general service of relevant central administrative agencies belonging to the Senior Executive Service; |
| 3. | Public officials belonging to the Korean National Police Agency or the Korea Coast Guard. |
| (4) | The Committee shall deliberate on the following: |
| 1. | Objectives and the basic direction of policies for the improvement of health, safety, and welfare of police officials; |
| 2. | Improvement of Acts, subordinate statutes, and systems for the improvement of health, safety, and welfare of police officials and on-budget subsidization; |
| 3. | Formulation of a master plan; |
| 4. | Surveys on the status quo under Article 6; |
| 5. | Other matters proposed by the chairperson in connection with the improvement of health, safety, and welfare of police officials. |
| (5) | Subcommittees may be established for each Police Agency or Korea Coast Guard in order to deliberate on affairs of the Committee in a professional manner. <Amended on Oct. 24, 2017> |
| (6) | Matters deliberated by each subcommittee for each competent area shall be deemed deliberated by the Committee, except for cases where a chairperson deems it necessary to deliberate on such matters again. <Newly Inserted on Oct. 24, 2017> |
| (7) | Matters necessary for the term of office of each member and organization and operation of the Committee and subcommittees shall be prescribed by Presidential Decree. <Amended on Oct. 24, 2017> |
CHAPTER III IMPROVEMENT OF HEALTH, SAFETY, AND WELFARE
| Article 8 (Medical Assistance) |
| (1) | The State may provide police officials with medical assistance, such as mental and physical health research, health examination, and medical treatment (including psychotherapy), based on the nature of police officials' service, to manage the physical strength and health of police officials. <Amended on Sep. 18, 2018; Apr. 20, 2021> |
| (2) | Medical assistance under paragraph (1) shall be provided through the police hospital (referring to the National Police Hospital established as a medical institution for police officials under Article 4 of the Government Organization Act) or a medical institution specified by Presidential Decree, but a private medical institution may be requested or entrusted to provide such medical assistance, if necessary. |
| (3) | The items, timing for, and interval of medical examinations and mental health checkups under paragraph (1), persons eligible for medical treatment, the methods and procedure for medical treatment, and other matters necessary for providing medical assistance shall be prescribed by Presidential Decree. |
| Article 8-2 (Special Medical Examination) |
| (1) | The Commissioner General of the Korean National Police Agency and the Commissioner of the Korea Coast Guard shall conduct special medical examinations of police officials at medical institutions under Article 8 (2), institutions conducting health examinations under the National Health Insurance Act, or medical institutions under Article 3 of the Medical Service Act to protect and maintain the health of police officials. |
| (2) | The Commissioner General of the Korean National Police Agency and the Commissioner of the Korea Coast Guard may, if necessary to protect the health of a specific police official based on the results of a special medical examination under paragraph (1), issue necessary orders, such as conducting an in-depth medical examination of the relevant police official. |
| (3) | The Commissioner General of the Korean National Police Agency and the Commissioner of the Korea Coast Guard shall take measures, such as changing positions of police officials under their jurisdiction who need special treatment in accordance with the results of medical examinations under paragraphs (1) and (2) or other statutes or regulations, or issuing an order to those officials requiring them to take sick leave for disease treatment. |
| (4) | The Commissioner General of the Korean National Police Agency and the Commissioner of the Korea Coast Guard shall not use the results of medical examinations under paragraphs (1) and (2) for purposes other than protecting and maintaining the health of the relevant police officials. |
| (5) | The Commissioner General of the Korean National Police Agency and the Commissioner of the Korea Coast Guard shall determine necessary matters, such as the timing of, and items subject to, special medical examinations under paragraph (1) and in-depth medical examinations under paragraph (2), respectively, in consideration of working conditions, such as shift work, night duty, and the degree of exposure to hazardous environments. |
[This Article Newly Inserted on Apr. 20, 2021]
| Article 8-3 (Shortened Preliminary Procedures for Establishing Police Hospitals) |
| (1) | The State may shorten preliminary procedures required for establishing police hospitals in order to expedite the establishment thereof. |
| (2) | The State may simplify prior services, etc. where the project objectives, project scale, estimated demand, implementation system, required budget, operating entity, operating plan, etc. are specified. |
| (3) | The State may establish police hospitals in areas other than the Seoul Metropolitan Area in consideration of the special characteristics of the police hospitals dedicated to the health and safety of police officers in charge of public security. |
[This Article Newly Inserted on Feb. 20, 2024]
| Article 9 (Provision of Staff Accommodations) |
| (1) | The Commissioner General of the Korean National Police Agency and the Commissioner of the Korea Coast Guard may provide staff accommodations (referring to residential buildings and official residence newly built, purchased, or leased for residential stability of police officials; hereinafter the same shall apply) to police officials working in a place other than their hometown, to ensure that they can concentrate on performing their duties by leading a stable life. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The criteria for selecting persons eligible for staff accommodations shall be prescribed by Presidential Decree, taking into consideration the number of family members of police officials who will live together in staff accommodations, the distance from their hometown, etc. |
| (3) | Matters necessary for the scale of staff accommodations, standards for facilities and management thereof shall be prescribed respectively by the Commissioner General of the Korean National Police Agency and the Commissioner of the Korea Coast Guard. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| Article 10 (Establishment and Operation of Facilities for Welfare) |
| (1) | The Commissioner General of the Korean National Police Agency and the Commissioner of the Korea Coast Guard may establish and operate welfare facilities, etc. in accordance with master plans and implementation plans, in order to maintain and improve physical strength and welfare of police officials: Provided, That where it is impracticable to establish child care facilities and sports facilities, police officials are allowed to use facilities operated by the State or local governments or civilian facilities, and may subsidize expenses incurred in relation thereto for police officials using the relevant facilities. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Commissioner General of the Korean National Police Agency and the Commissioner of the Korea Coast Guard may allow persons other than police officials and family members of police officials to use welfare facilities, etc. when necessary for efficiently operating welfare facilities, etc. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The Commissioner General of the Korean National Police Agency and the Commissioner of the Korea Coast Guard may operate welfare facilities by entrusting its operation to private enterprises after undergoing the deliberation of the Committee, when necessary for efficiently operating welfare facilities, etc. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Matters necessary for establishing and operating facilities for welfare, etc. or entrusting operation of such facilities shall be prescribed by Presidential Decree. |
| Article 11 (Assistance to Retired Police Officials in Employment) |
| (1) | The State may provide retired police officials (including prospective retirees; the same shall apply hereafter in this Article) with assistance in employment, such as vocational counseling services on career and jobs, job referral services, and holding job fairs, for their smooth adaptation to the society and the stabilization of their livelihood, as prescribed by Presidential Decree. |
| (2) | The Commissioner General of the Korean National Police Agency and the Commissioner of the Korea Coast Guard may provide education for social adjustment and vocational education and training to retired police officials, as prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The State may implement programs for counseling services and education for starting up a new business in order to assist retired police officials in starting up a new business. |
| (4) | The State may fully or partially subsidize police officials, within budget limits, for expenses incurred in education for adaptation to society and for vocational education and training. |
| Article 12 (Support for Police Officials Injured while Performing Dangerous Duties) |
| (1) | The State may provide necessary support to police officials injured while performing dangerous duties, for their smooth return to jobs and stabilization of their livelihood. |
| (2) | Where police officials injured while performing dangerous duties are under medical treatment due to a disease or injury attributed thereto, they may be provided with special consolidation benefits. |
| (3) | Matters necessary for standards and methods, etc. for payment of consolidation benefits prescribed in paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 24, 2017]
ADDENDA <Act No. 11334, Feb. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measure concerning Facilities for Welfare, etc.)
Facilities for welfare, etc. established and operated by a police office or station at the time this Act enters into force shall be deemed to have been established and operated pursuant to this Act.
Article 3 (Transitional Measure concerning Programs for Improvement of Health, Safety, and Welfare)
Programs in progress at the time this Act enters into force for the improvement of health, safety, and welfare of police officials shall be deemed in progress pursuant to this Act.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. (Proviso Omitted.) |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 14910, Oct. 24, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 15760, Sep. 18, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17687, Dec. 22, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021.
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 18085, Apr. 20, 2021>
This Act shall enter into force one year after the date of its promulgation.
ADDENDUM <Act No. 20313, Feb. 20, 2024>
This Act shall enter into force on the date of its promulgation.