| (1) | If a police officer has any probable cause to arrest an offender, keep an offender from absconding, defend and protect the police officer's or other people's life or body, deter resistance against the police officer in the line of duty, the police officer may use weapons within necessary range based on the reasonable judgment of the situation: Provided, That the police officer shall not inflict harm on the people, unless any of the following applies: |
| 1. | Where the situation constitutes legitimate self-defense and emergency evacuation prescribed by the Criminal Act; |
| 2. | Where the police officer has any probable cause to believe that no means other than the use of weapons exist to prevent following acts or to arrest an offender when any of the following applies: |
| (a) | If the police officer has any probable cause to suspect that a person who commits or has committed a crime punishable by death or imprisonment with labor for and indefinite term or for a term of not less than three years, or imprisonment without labor resists the police officer in the line of duty or intends to abscond; |
| (b) | If the offender resists the police officer in the line of duty or intends to abscond when an arrest and detention warrant or a search and seizure warrant is executed; |
| (c) | If a third party resists the police officer to help a person corresponding to item (a) or (b) abscond; |
| (d) | If an offender or a person creating any disturbance carries with him/her a dangerous object, such as a weapon, deadly weapon, etc., and continues to disobey the police officer, not complying with an order to throw away the dangerous object or an order to surrender issued by the police officer at least three times; |
| 3. | Where an armed espionage agent refuses to obey an order to surrender issued by the police officer in a counter-espionage operation. |
| (2) | "Weapon" prescribed under paragraph (1) means a pistol, rifle, sword, etc., manufactured to endanger life or inflict bodily harm. |
| (3) | In conducting military operations related to national security, such as counter-espionage and counter-terrorist operations, crew-served weapons may be used in addition to individual weapons. |
[This Article Wholly Amended by Act No. 12600, May 20, 2014]