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ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES
| ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES | No.20656 | 20260108 |
| ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES | No.17689 | 20210101 |
| ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES | No.16670 | 20191203 |
| ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES | No.15808 | 20181016 |
| ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES | No.15766 | 20190919 |
| ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES | No.14839 | 20170726 |
| ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES | No.14621 | 20170321 |
| ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES | No.14476 | 20170328 |
| ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES | No.13429 | 20151102 |
| ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES | No.13425 | 20150125 |
| ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES | No.13215 | 20150912 |
| ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES | No.12960 | 20160107 |
| CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.12844 | 20141119 |
| CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.11690 | 20130323 |
| CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.10219 | 20110101 |
| CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.9211 | 20081226 |
| CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.8852 | 20080229 |
| CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.7849 | 20060701 |
| CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.7428 | 20060401 |
| CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.6948 | 20040130 |
| CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.6386 | 20010126 |
| CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.5938 | 19990331 |
| CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.5453 | 19980101 |
| CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.5201 | 19970331 |
| CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.4989 | 19960607 |
| CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.4369 | 19910731 |
| CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.4154 | 19900301 |
| CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.3876 | 19870701 |
| CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.3743 | 19850205 |
| CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.3674 | 19840130 |
| CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.3354 | 19810210 |
| CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.2810 | 19760131 |
| CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.1136 | 19620914 |
| CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.835 | 19620101 |
CHAPTER I GENERAL PROVISIONS
| Article 1 (Purpose) |
The purpose of this Act is to contribute to the maintenance of public safety by preventing in advance any danger and accident likely to be caused by guns, swords, explosives, gas sprayers, electroshock weapons, and crossbows by prescribing matters concerning the manufacture, sale, rent, transportation, possession, use, and safety management of guns, swords, explosives, gas sprayers, electroshock weapons, and crossbows.
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 2 (Definitions) |
| (1) | For the purpose of this Act, the term "gun" means a pistol, rifle, machine gun, cannon, hunting rifle, powder-charged gun that can fire metal bullets or gas, air gun (including one using gas; hereinafter the same shall apply), and parts thereof, such as a gun barrel, lock, etc. (hereinafter referred to as "parts"), prescribed by Presidential Decree. |
| (2) | For the purpose of this Act, the term "sword" means one prescribed by Presidential Decree among a knife, single-edged sword, double-edged sword, spear, polearm, dagger, etc., of which blade is at least fifteen centimeters long and which can be used by nature as a lethal weapon, and one that has evident danger of being used as a lethal weapon even though the blade is shorter than fifteen centimeters. |
| (3) | For the purpose of this Act, the term "explosives" means the following gunpowder, explosives, and blasting agents (blasting agents refer to chemical compounds made from gunpowder and explosives; hereinafter the same shall apply): <Amended by Act No. 14839, Jul. 26, 2017> |
| 1. | Gunpowder: |
| (a) | Black powder, or gunpowder of which main ingredient is nitrate; |
| (b) | Smokeless gunpowder, or gunpowder of which main ingredient is nitrate ester; |
| (c) | Those that can be used for propellent explosion similar to that of the gunpowder under items (a) and (b), which are prescribed by Presidential Decree; |
| 2. | Explosives: |
| (a) | Primary explosives, such as mercury fulminate, lead azide, sodium thiocyanate, tetracene, etc.; |
| (b) | Ammonium nitrate explosives, potassium chlorate explosives, carlit, and other explosives of which main ingredient is nitrate, chlorate, or perchlorate; |
| (c) | Nitroglycerine, nitroglycol, and nitrate ester used as explosives; |
| (d) | Dynamite, and other explosives of which main ingredient is nitrate ester; |
| (e) | Trinitrobenzene, trinitrotoluene, picric acid, trinitrochlorobenzene, tetryl, trinitroanisole, hexanitrodiphenylamine, trimethylenetrinitramine, pentrit, and nitro compounds containing at least three nitro groups, and explosives of which main ingredients are such substances; |
| (f) | Liquid oxygen explosives and other liquid explosives; |
| (g) | Other explosive materials prescribed by Presidential Decree that can be used for destructive explosion similar to that of those under items (a) through (f); |
| 3. | Blasting agents: |
| (a) | Industrial detonators, electric detonators, non-electric detonators, electronic detonators, percussion caps, fog signal detonators, and other detonators prescribed by Presidential Decree (including parts, such as signal tubes, etc.); |
| (b) | Cartridges (including buckshots; hereinafter the same shall apply), and blank cartridges; |
| (c) | Fuses and smoke tubes; |
| (d) | Detonating cords, low vibration explosives, detonating fuses, and electric detonator fuses; |
| (e) | Fusee signals (flares), signal rockets, and blasting agents for signal; |
| (f) | Igniting agents; |
| (g) | Fireworks; |
| (h) | Toy fireworks, etc. prescribed by Ministerial Decree of the Interior and Safety; |
| (i) | Emergency distress signal systems for motor vehicles; |
| (j) | Gas generator for automobile air bags; |
| (k) | Other blasting agents prescribed by Presidential Decree using gunpowder or explosives. |
| (4) | For the purpose of this Act, the term "gas sprayer" means a piece of equipment that sprays tear gas or asphyxiating gas that makes human activities temporarily difficult, which is prescribed by Presidential Decree. |
| (5) | For the purpose of this Act, the term "electroshock weapon" means a piece of equipment that discharges electricity that makes human activities temporarily difficult, or causes harm to human life, which is prescribed by Presidential Decree. |
| (6) | For the purpose of this Act, the term "crossbow" means one that can cause harm to human life by discharging arrows, etc. using the physics of archery and gun, which is prescribed by Presidential Decree. |
| (7) | For the purpose of this Act, the term "identification plate" means symbols, numbers, letters, etc. indicated on guns to easily identify the date of manufacture, name of manufacturer, place or country of manufacture, serial number, etc. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 3 (Exclusion from Application) |
| (1) | With respect to the toy fireworks and emergency distress signal systems for motor vehicles under Article 2 (3) 3 (h) and (i), Articles 6, 6-3, 7, 8, 10, 12, 13, 18 through 21, 23, 32, and 35 shall not apply: |
| (2) | Except for Articles 4, 4-2, and 5, the provisions of this Act shall not apply to the gas generators for automobile air bags under Article 2 (3) 3 (j). |
| (3) | With respect to guns, swords, explosives, gas sprayers, electroshock weapons, and crossbows manufactured, sold, exported, imported, or managed for military purposes, this Act shall not apply. |
| (4) | With respect to guns, swords, explosives, gas sprayers, electroshock weapons, and crossbows manufactured for the purpose of export, the structure and performance standards concerning the permission to manufacture for relevant respective class under Article 4 (1) and (2) shall not apply. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
CHAPTER II MANUFACTURE, SALE, ETC. OF GUNS, SWORDS, EXPLOSIVES, GAS SPRAYERS, ELECTROSHOCK WEAPONS, AND CROSSBOWS
| Article 3-2 (Formulation of Gun Safety Management Plan) |
| (1) | The Commissioner General of the National Police Agency shall formulate a gun safety management plan after consultation with the head of relevant administrative agencies and report it to the Police Committee under Article 5 of the Police Act. The same shall also apply where such plan is modified. |
| (2) | A gun safety management plan shall include the following matters: |
| 1. | Basic direction of gun safety management; |
| 2. | Current status of permission to possess guns and measures for maintaining adequate level of permission; |
| 3. | Measures for inspection and collection of illegal guns; |
| 4. | Safety education to possessors of guns; |
| 5. | Safety management of hunting guns; |
| 6. | Other matters prescribed by Presidential Decree for gun safety management. |
| (3) | Where necessary for the formulation, modification, or implementation of a gun safety management plan, the Commissioner General of the National Police Agency may request the heads of relevant administrative agencies, Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City Mayors, |
| (4) | Where the Commissioner General of the National Police Agency formulates or modifies a gun safety management plan, he/she shall publish it in the official gazette and announce it through an information and communications network, such as via the Internet, etc. |
| (5) | The Commissioner General of the National Police Agency shall formulate and implement a detailed plan for the implementation of the gun safety management plan under paragraph (1). |
| (6) | The timing of formulating a detailed plan and matters necessary for the formulation, implementation, etc. of a detailed plan shall be prescribed by Presidential Decree. |
[This Article Added by Act No. 13429, Jul. 24, 2015]
| Article 4 (Permission for Manufacturing Business) |
| (1) | A person who intends to engage in the business of manufacturing guns or explosives (including the business of remodeling and repairing guns and the business of transforming and processing explosives; hereinafter the same shall apply) shall obtain permission for each factory from the Commissioner General of the National Police Agency, as prescribed by Ministerial Decree of the Interior and Safety. This shall also apply where the location, structure, facilities, or equipment of a factory is to be changed, or the types of guns or explosives or the methods of manufacturing guns or explosives is to be changed. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | A person who intends to engage in the business of manufacturing swords, gas sprayers, electroshock weapons, or crossbows shall obtain permission for each factory from the commissioner of a local police agency having jurisdiction over the location of the factory, as prescribed by Ministerial Decree of the Interior and Safety. This shall also apply where the location, structure, facilities, or equipment of a factory is to be changed, or the types of swords, gas sprayers, electroshock weapons, or crossbows or the methods of manufacturing swords, gas sprayers, electroshock weapons, or crossbows is to be changed. <Amended by Act No. 14839, Jul. 26, 2017> |
| (3) | No one other than a person permitted to engage in the business of manufacturing guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows pursuant to paragraph (1) or (2) (hereinafter referred to as "manufacturer") shall manufacture guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows: |
| (4) | Where a person, for whom six months have not passed since the date on which permission is revoked pursuant to Article 45 (1), intends to conduct the same type of business at the same place of business, the Commissioner General of the National Police Agency or the commissioner of a local police agency shall not grant permission under paragraph (1) or (2). |
| (5) | The standards for facilities and technologies concerning the manufacture of guns, swords, explosives, gas sprayers, electroshock weapons, and crossbows shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 4-2 (Succession to Status of Manufacturer) |
| (1) | Any of the following persons shall succeed to the status of a previous manufacturer: |
| 1. | If a manufacturer dies, his/her successor; |
| 2. | If a manufacturer transfers his/her business to another person, the transferee. |
| (2) | A person who acquires all business facilities according to any of the following procedures shall succeed to the status of a previous manufacturer: <Amended by Act No. 14476, Dec. 27, 2016> |
| 1. | An auction under the Civil Execution Act; |
| 2. | Conversion under the Debtor Rehabilitation and Bankruptcy Act; |
| 3. | Sale of seized property under the National Tax Collection Act, the Customs Act, or the Local Tax Collection Act; |
| 4. | Other procedures corresponding to any of subparagraphs 1 through 3. |
| (3) | A person who succeeds to the status of a manufacturer pursuant to paragraph (1) or (2) shall report to the Commissioner General of the National Police Agency or the commissioner of a local police agency within one month from the date he/she succeeds to the status, as prescribed by Ministerial Decree of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017> |
| (4) | Article 5 shall apply |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 5 (Grounds for Disqualification of Manufacturer) |
Any of the following persons shall not be permitted to engage in the business of manufacturing guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows:
| 1. | A person for whom three years have not passed since the execution of sentence is completed or it is determined that he/she shall not serve sentence after having been sentenced to a penalty the same as or heavier than imprisonment without prison labor; |
| 2. | A person for whom one year has not passed since the period of stay of execution is completed after having been sentenced to a penalty the same as or heavier than imprisonment without prison labor; |
| 3. | An insane person; a person addicted to narcotic, hemp, psychotropic drug or alcohol addict; or a mentally defective person corresponding thereto; |
| 4. | A person who is under 20 years of age; |
| 5. | A person who is placed under adult guardianship or limited guardianship; |
| 6. | A person who was declared bankrupt and has not yet been reinstated; |
| 7. | A person for whom three years have not passed since permission was revoked pursuant to Article 45 (1); |
| 8. | A juristic person or organization that has an executive who falls under any of subparagraphs 1 through 7. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 6 (Permission for Sales Business) |
| (1) | A person who intends to engage in the business of selling guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows shall obtain permission for each sales office from the commissioner of a local police agency having jurisdiction over sales office, as prescribed by Ministerial Decree of the Interior and Safety. This shall also apply where a person intends to change the location, structure, facilities, or equipment of the sales agency, or change the types of guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows that he/she sells. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | No one other than a person permitted to engage in the business of selling guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows pursuant to paragraph (1) (hereinafter referred to as "dealer") shall sell guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows (in the case of sale of gas sprayers, including charging gas sprayers with chemical agents causing lachrymation, asphyxiation, etc.; hereinafter the same shall apply): |
| (3) | Where a person, for whom six months have not passed since the date on which permission is revoked pursuant to Article 45 (1), intends to conduct the same type of business at the same place of business, the commissioner of a local police agency shall not grant permission under paragraph (1) or (2). |
| (4) | The standards for facilities for the business of selling guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 6-2 (Permission, etc. for Business of Renting Guns, etc. for Theatrical Properties) |
| (1) | A person who intends to engage in the business of renting guns, swords, spray guns, electroshock weapons, or crossbows used as a theatrical property for movies, plays, etc. shall obtain permission for each rental office from the commissioner of a local police agency having jurisdiction over the rental office, as prescribed by Ministerial Decree of the Interior and Safety. The same shall apply where he/she changes the location, structure, facilities, or equipment of rental office or changes the types of guns, swords, spray guns, electroshock weapons, or crossbows to be rented. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | No one other than a person permitted to engage in the business of renting guns, swords, spray guns, electroshock weapons, or crossbows pursuant to paragraph (1) (hereinafter referred to as "renter") shall rent guns, swords, spray guns, electroshock weapons, or crossbows. |
| (3) | Where a person, for whom six months have not passed since the date on which permission is revoked pursuant to Article 45 (1), intends to conduct the same type of business at the same place of business, the commissioner of a local police agency shall not grant permission under paragraph (1) or (2). |
| (4) | The standards for facilities for renting guns, swords, spray guns, electroshock weapons, or crossbows under paragraph (1) shall be prescribed by Presidential Decree and the standards for structure and performance of guns, swords, spray guns, electroshock weapons, or crossbows shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 6-3 (Succession to Status of Dealers and Renters) |
Article 4-2 shall apply mutatis mutandis to succession to the position of a dealer or renter. In such cases, "Commissioner General of the National Police Agency or commissioner of a local police agency" shall be construed as "commissioner of a local policy agency", and "manufacturer" as "dealer or renter."
[This Article Added by Act No. 12960, Jan. 6, 2015]
| Article 7 (Grounds for Disqualification of Dealers and Renters) |
Article 5 shall apply mutatis mutandis to grounds for disqualification of dealers or renters in granting them permission to engage in the business of selling guns, swords, explosives, gas sprayers, electroshock weapons, and crossbows or the business of renting guns, swords, gas sprayers, electroshock weapons, and crossbows.
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 8 (Prohibition of Sale, Rent and Publicity in Open Air, etc.) |
No guns, swords, explosives, gas sprayers, electroshock weapons, and crossbows shall be sold or rented by means of peddling, sale at a street stall, outdoor business activities, electronic commerce and mail order using the Internet under the Act on the Consumer Protection in Electronic Commerce, Etc., or door-to-door sales under the Act on Door-to-Door Sales, Etc., or be publicized for such purposes: Provided , That this shall not apply where a manufacturer, dealer, or renter publicizes permitted products.
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 8-2 (Prohibition of Posting or Spreading of Methods of Manufacturing Guns and Explosives through the Internet, etc.) |
No one shall post or spread information such as methods to manufacture guns or explosives (referring to the articles with explosive power that can inflict harm on the life and health of the people; hereafter the same shall apply in subparagraph 1-2 of Article 73) and design drawings therefor through an information and communications network such as the Internet.
[This Article Added by Act No. 12960, Jan. 6, 2015]
| Article 9 (Permission, etc., for Export and Import) |
| (1) | A person who intends to export or import guns or explosives shall submit evidentiary documents, etc. to the Commissioner General of the National Police Agency and obtain permission therefrom each time he/she intends to export or import guns or explosives, as prescribed by Ministerial Decree of the Interior and Safety. In such cases, the Commissioner General of the National Police Agency shall verify whether an importing country has permitted such import, whether a transit country has given consent thereto, etc. before he/she permits export. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | A person who intends to export or import swords, gas sprayers, electroshock weapons, or crossbows shall obtain permission from the commissioner of a local police agency having jurisdiction over the location of his/her principal office each time he/she intends to export or import swords, gas sprayers, electroshock weapons, or crossbows, as prescribed by Ministerial Decree of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017> |
| (3) | No one other than a manufacturer, dealer, or renter shall obtain permission under paragraph (1) or (2) and export or import guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows: |
| (4) | Where deemed necessary to maintain the public safety, the Commissioner General of the National Police Agency or the commissioner of a local police agency may restrict or choose not to permit the export or import of guns, swords, explosives, gas sprayers, electroshock weapons, and crossbows: |
| (5) | A person who has imported explosives shall promptly report the import to the chief of a police station having jurisdiction over the place of import, as prescribed by Ministerial Decree of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
CHAPTER III POSSESSION AND USE OF GUNS, SWORDS, EXPLOSIVES, GAS SPRAYERS, ELECTROSHOCK WEAPONS, AND CROSSBOWS
| Article 10 (Prohibition of Possession) |
No one shall possess guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows without permission, except for the following cases:
| 1. | Where it is permitted to possess guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows to perform duties in accordance with the Acts and subordinate statutes; |
| 2. | Where a manufacturer possesses guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows manufactured by himself/herself; |
| 3. | Where a person who has manufactured explosives pursuant to the proviso to Article 4 (3) possesses explosives manufactured by himself/herself; |
| 4. | Where a dealer possesses guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows; |
| 5. | Where a gun dealer possesses cartridges or blank cartridges for guns he/she sells pursuant to the proviso to Article 6 (2); |
| 5-2. | Where a renter possesses guns, swords, gas sprayers, electroshock weapons, or crossbows; |
| 6. | Where a person who has obtained permission to export or import pursuant to Article 9 (1) or (2) possesses relevant guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows; |
| 7. | Where a person who has obtained permission to use explosives under Article 18 (1) (including those who are allowed not to obtain permission for use pursuant to the proviso to Article 18 (1)) possesses relevant explosives; |
| 8. | Where a person who has obtained permission to take over explosives under Article 21 (1) (including those who are allowed not to obtain permission to take over explosives pursuant to the proviso to Article 21 (1)) possesses relevant explosives; |
| 9. | Where an employee of a person falling under any of subparagraphs 2 through 8 possesses guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows for official duties; |
| 10. | Where a person prescribed by Presidential Decree possesses guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 11 (Prohibition of Manufacture, Sale, and Possession of Imitation Guns) |
| (1) | No one shall manufacture, sell, or possess those that look almost like a gun and are prescribed by Presidential Decree (hereinafter referred to as "imitation guns"): |
| (2) | Where a person manufactures imitation guns for the purpose of export pursuant to the proviso to paragraph (1), he/she shall report to the chief of a police station having jurisdiction over the location of the factory, as prescribed by Ministerial Decree of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 12 (Permission to Possess Guns, Swords, Explosives, Gas Sprayers, Electroshock Weapons, and Crossbows) |
| (1) | Where a person who does not fall under any subparagraph of Article 10 intends to possess a gun, sword, explosive, gas sprayer, electroshock weapon, or crossbow, he/she shall obtain permission according to the following classification, as prescribed by Ministerial Decree of the Interior and Safety: |
| 1. | A gun (excluding those prescribed in subparagraph 2): The commissioner of a local police agency having jurisdiction over his/her address; |
| 2. | Among guns, hunting rifles, gas guns, air guns, anesthetizing guns, animal slaughter guns, industrial guns, or guns for search and rescue activities, or parts thereof: The chief of a police station having jurisdiction over his/her address; |
| 3. | Swords, explosives, gas sprayers, electroshock weapons, or crossbows: The chief of a police station having jurisdiction over his/her address. |
| (2) | Where a representative or agent, employee or servant of a juristic person intends to possess industrial guns, gas guns, gas sprayers, or electroshock weapons for construction works, security, etc., the representative of the juristic person shall obtain permission from the chief of a police station having jurisdiction of the location of the principal office of the juristic person after specifying the number of industrial guns, gas guns, gas sprayers, or electroshock weapons for which he/she seeks permission and persons to possess them. In such cases, permission to possess gas guns shall be limited where a person to possess them is qualified to carry a gun pursuant to related Acts and subordinate statutes. |
| (3) | A person, who intends to have performers, etc. temporarily possess guns, swords, gas sprayers, electroshock weapons, or crossbows after renting them from a renter for the purpose of using them as a theatrical property in a movie, drama, etc., shall obtain permission from the commissioner of a local police agency having jurisdiction over his/her address after designating a manager (referring to a person who is responsible for the management of guns, swords, gas sprayers, electroshock weapons, or crossbows of which possession is permitted, such as that he/she directly hands them out each time they are used for filming, drama performance, etc., collects them after use, etc.; hereinafter the same shall apply) and the period of possession. In such cases, all the persons who temporarily possess guns, swords, gas sprayers, electroshock weapons, or crossbows that have been rented while a movie is filmed or a drama is performed shall be deemed to have obtained permission for possession. |
| (4) | A person responsible for possession under paragraph (3) shall be designated from among persons who do not fall under the subparagraphs of Article 13 (1), and matters necessary for the standards for management, methods of management, etc. of guns, swords, gas sprayers, electroshock weapons, or crossbows of which possession is permitted shall be prescribed by Ministerial Decree of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017> |
| (5) | The scope of permission to possess guns, swords, explosives, gas sprayers, electroshock weapons, and crossbows shall be prescribed by Presidential Decree by kind and use. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 13 (Grounds for Disqualification, etc. of Possessors of Guns, Swords, Explosives, Gas Sprayers, Electroshock Weapons or Crossbows) |
| (1) | None of the following persons shall be permitted to possess guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows: <Amended by Act No. 13429, Jul. 24, 2015> |
| 1. | A person who is under 20 years of age: |
| 2. | A mentally defective person; a person addicted to narcotic drugs, marijuana, psychotropic substances, or alcohol; or a mentally ill person or a person with epilepsy who is prescribed by Presidential Decree; |
| 3. | A person for whom five years have not passed since the date the execution of sentence was completed (including cases where the sentence is deemed completed) or was exempted after having been sentenced to imprisonment without prison labor or a heavier punishment; |
| 4. | A person for whom five years have not passed since the date he/she was sentenced to a fine for violating this Act; |
| 5. | A person for whom five years have not passed since the date a stay period ends after having been sentenced to a fine or a stay of execution of imprisonment with prison labor or a heavier punishment for committing a specific violent crime falling under any subparagraph of Article 2 (1) of the Act on Special Cases Concerning the Punishment of Specific Violent Crimes; |
| 6. | A person for whom three years have not passed since the date a stay period ends after having been sentenced to a stay of execution of imprisonment without prison labor or a heavier punishment for violation of this Act; |
| 6-2. | A person for whom five years have not passed since he/she was sentenced to a fine for committing any of the following crimes: |
| (a) | A crime under Article 114 of the Criminal Act; |
| (b) | A crime under Articles 257 (1) and (2), 260, and 261 of the Criminal Act; |
| (c) | A crime under Article 7 or 8 of the Act on the Protection of Children and Juveniles against Sexual Abuse; |
| 6-3. | A person for whom five years have not passed since the date execution is completed (including cases in which execution is deemed completed) or exempted after again having been sentenced to a fine or heavier punishment for driving under influence, etc. within five years from the date he/she was sentenced to a fine or heavier punishment for a crime under Article 148-2 of the Road Traffic Act (hereinafter referred to as "driving under influence"); |
| 7. | A person for whom one year has not passed since his/her permission was revoked pursuant to Article 45 or 46 (1). |
| (2) | Where the commissioner of a local police agency or the chief of a police station deems that a person is likely to harm another person's life or property or public safety, even if the person does not fall under any subparagraph of paragraph (1), he/she may choose not to permit the person to possess guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows. |
| (3) | The commissioner of a local police agency or the chief of a police station shall not grant permission to possess camouflaged guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows, or permission to possess guns, gas sprayers, electroshock weapons, or crossbows the structure and function of which fail to meet the standards prescribed by Ministerial Decree of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 14 (Exceptions to Permission Requirements for Persons who Enter or Depart Country for Temporary Stay) |
| (1) | A person who enters or departs the country to participate in an international shooting competition, hunting competition, martial arts competition, etc. held at home or abroad shall obtain permission for temporary export or import or permission for temporary possession of guns, swords, or crossbows to be used at such competition (in the case of permission for temporary possession, it shall be limited to foreigners; hereinafter the same shall apply) from the commissioner of a local police agency having jurisdiction over the location of the port of entry or exit, as prescribed by Ministerial Decree of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | Where the commissioner of a local police agency receives an application for permission under paragraph (1), he/she may grant permission for temporary export or import, or permission for temporary possession after specifying a period. |
| (3) | A person who intends to enter the country while possessing a gun for the purpose of guarding a state guest, public official of ministerial level or higher or foreign key figure corresponding thereto, diplomat, etc. shall obtain permission from the Commissioner General of the National Police Agency for the temporary import or export of a gun or for the temporary possession of a gun, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 14-2 (Storage of Guns) |
| (1) | A person who obtains permission to possess a gun pursuant to Article 12 or 14 shall keep the gun and cartridges or blank cartridges in a place designated by a permitting agency. |
| (2) | Where a person permitted to possess a gun intends to use the gun for a permitted use or where a justifiable ground exists, he/she shall file an application to lift the storage restriction with a permitting agency. In such cases, he/she shall also file a written consent on the collection of information on location by which information on the location of the gun or the possessor of the gun is identifiable during the period of lift of storage restriction on the gun. |
| (3) | If an application to lift storage restriction under paragraph (2) is not appropriate, the possessor of a gun does not consent to the collection of information on location, or it is deemed necessary to maintain public safety, a permitting agency may choose not to lift storage restriction on the gun. |
| (4) | Matters necessary for guns, cartridges, or blank cartridges subject to storage, period and place of storage, procedures for storage and lift of storage restriction, collection of information on location, etc. shall be prescribed by Presidential Decree. |
[This Article Added by Act No. 13429, Jul. 24, 2015]
| Article 15 (Exceptions to Permission to Possess Guns) |
Articles 10, 18, 21 (excluding a person permitted to possess a gun for hunting), and 25 shall not apply to the quantity prescribed by Ministerial Decree of the Interior and Safety regarding cartridges, blank cartridges, percussion caps, fog signal detonators, fusee signals (flares), signal rockets, blasting agents for signal, or igniting agents possessed by a person permitted to possess a gun pursuant to Article 12 or 14 to use for permitted purposes. <Amended by Act No. 13429, Jul. 24, 2015; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 16 (Renewal of Permission to Possess Guns) |
| (1) | A person who is permitted to possess a gun pursuant to Article 12 shall have the permission renewed every three years from the date he/she obtains permission. <Amended by Act No. 13429, Jul. 24, 2015> |
| (2) | Where a person intends to have his/her permission to possess a gun renewed pursuant to paragraph (1), he/she shall submit a document prescribed by Ministerial Decree of the Interior and Safety by which his/her mental illness, personality disorder, etc. can be verified. <Added by Act No. 13429, Jul. 24, 2015; Act No. 14839, Jul. 26, 2017> |
| (3) | The procedure for renewal of permission under paragraph (1) and other necessary matters shall be prescribed by Ministerial Decree of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 17 (Restriction on Carrying, Transportation, Use, Remodeling etc. of Guns, Swords, Gas Sprayers, Electroshock Weapons, and Crossbows) |
| (1) | A person who is permitted to possess a gun, sword, gas sprayer, electroshock weapon, or crossbow pursuant to Article 12 or 14 shall not carry a gun (including cartridges or blank cartridges of the gun), sword, gas sprayer, electroshock weapon, or crossbow with him/her or transport it except for cases where he/she intends to use it for permitted purposes, or any justifiable ground exists. <Amended by Act No. 13429, Jul. 24, 2015> |
| (2) | A person who is permitted to possess guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows pursuant to Article 12 or 14 shall not use guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows unless they are used for permitted purposes or any justifiable ground exists. |
| (3) | A person who is permitted to possess guns pursuant to Article 12 or 14 shall store, carry, or transport guns after putting the guns in gun cases or packing them, and shall not load guns with cartridges or blank cartridges. |
| (4) | A person who is permitted to possess a gun pursuant to Article 12 or 14 shall not remodel the gun at his/her discretion to alter its performance. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 18 (Use of Explosives) |
| (1) | Any person who intends to blast or burn explosives shall obtain permission for use from the chief of a police station having jurisdiction over the place where the explosives are to be used, as prescribed by Ministerial Decree of the Interior and Safety: |
| (2) | Where a person who has obtained permission for use of explosives under the main sentence of paragraph (1) (hereinafter referred to as "explosives user") intends to use the explosives for a use other than the permitted use, he/she shall again obtain permission to use explosives under the main sentence of paragraph (1). |
| (3) | Where the purpose, place, date, time, quantity or method of the use of explosives is deemed inappropriate, or is deemed to undermine the maintenance of public security, the chief of a police station shall not grant permission under paragraph (1) or (2). |
| (4) | The blasting and burning of explosives shall comply with the technological standards prescribed by Presidential Decree. |
| (5) | Article 13 (1) and (2) shall apply |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 19 (Prohibition of Handling) |
None of the following persons shall handle guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows (referring to manufacturing, selling, giving and receiving, loading, transporting, storing, possessing, using, discarding, etc. thereof; hereinafter the same shall apply), and no person shall make him/her handle them: Provided , That where a gun, sword, gas sprayer, electric shock machine, or crossbow under Article 6-2 (1) is temporarily possessed for a movie, drama, etc. pursuant to Article 12 (3), this shall not apply:
| 1. | A person who is under eighteen years of age: |
| 2. | A person falling under any subparagraph of Article 5 (excluding subparagraph 4 of the same Article); |
| 3. | A person falling under any of subparagraphs 2 through 7 of Article 13 (1). |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 20 (Discarding of Explosives) |
| (1) | A person who intends to discard explosives shall report to the chief of a police station having jurisdiction over the place where he/she intends to discard them, as prescribed by Ministerial Decree of the Interior and Safety: |
| (2) | Where the place, date, time, quantity, method, etc. of discarding of explosives, is not appropriate or the discarding is deemed to obstruct the maintenance of public safety, the chief of a police station may order to suspend the discarding of explosives or to supplement it. |
| (3) | Discarding of explosives shall comply with the technological standards prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 21 (Restriction on Transfer, Takeover, etc.) |
| (1) | A person who intends to transfer or take over explosives shall obtain permission from the chief of a police station having jurisdiction over his/her address or the place where explosives are used, as prescribed by Ministerial Decree of the Interior and Safety: |
| 1. | Where a manufacturer takes over explosives for the purpose of manufacturing explosives, or transfers manufactured explosives; |
| 2. | Where a dealer takes over or transfers explosives for the purpose of sale; |
| 3. | Where a person who is permitted to export and import explosives takes over or transfers explosives with regard to the export and import; |
| 4. | Where a person permitted to possess a gun takes over explosives, of a quantity not more than that prescribed by Presidential Decree, for hunting or shooting (limited to where he/she takes over explosives from a gun dealer pursuant to the proviso to Article 6 (2)); |
| 5. | Where a person who mines minerals under the Mining Act takes over explosives, of a quantity not exceeding that prescribed by Presidential Decree, for the purpose of mining minerals; |
| 6. | Where the business of manufacturing or selling explosives or an explosives storage facility is transferred or taken over. |
| (2) | Where the purpose of taking over or transferring explosives is deemed unclear, or the maintenance of public safety is deemed obstructed, the chief of a police station shall not grant permission under paragraph (1). |
| (3) | A manufacturer or dealer of explosives, or a person permitted to import explosives shall not transfer explosives to persons, other than those who are permitted to take over explosives pursuant to the main sentence of paragraph (1) or who do not have to obtain permission to take over explosives pursuant to the proviso to paragraph (1); and no one shall take over explosives from a person other than a manufacturer, a dealer, or a person permitted to import or a person who has obtained permission to transfer explosives pursuant to the main sentence of paragraph (1). |
| (4) | A manufacturer, a dealer, or a person permitted to import or possess guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows shall neither transfer them to a person, other than a manufacturer, a dealer, or a person permitted to import or possess, nor take them over from a manufacturer, a dealer, or a person permitted to import or possess: |
| (5) | A manufacturer, a dealer, a person permitted to export and import guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows or a person permitted to possess them shall be prohibited from renting them to others or from borrowing them from others. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015
| Article 22 (Implementation of Education) |
| (1) | A person (referring to a person in charge of management in the case of Article 12 (3)) who intends to obtain permission to possess a gun (limited to a hunting rifle and air gun) or crossbow and a person who intends to obtain a license for person in charge of security in manufacturing explosives or in charge of security in managing explosives under Article 28 shall receive education on the following matters conducted by the commissioner of a local police agency or the chief of a police station who grants permission or a license before the permission or a license is granted: |
| 1. | Acts and subordinate statutes relating to the handling, management, etc. of guns, swords, explosives and crossbows; |
| 2. | Practical skill on the use, storage and handling of hunting rifles, air guns, and crossbows, and safety education; |
| 3. | Practical skill on the safety management of manufacturing and handling of explosives. |
| (2) | The commissioner of a local police agency or the chief of a police station who conducts education pursuant to paragraph (1) shall issue a certificate of course completion to persons who complete a course of education under paragraph (1). |
| (3) | The commissioner of a local police agency or the chief of a police station may entrust the Guns and Explosives Safety Technology Association under Article 48 or a person prescribed by Ministerial Decree of the Interior and Safety with all or some of the duties relating to education under paragraph (1). <Amended by Act No. 14839, Jul. 26, 2017> |
| (4) | Where a person permitted to possess a gun (limited to a hunting rifle and air gun) or crossbow intends to go hunting, he/she shall receive safety education, as prescribed by Presidential Decree: |
| (5) | A person who is permitted to possess a gun (limited to a hunting rifle and air gun) or crossbow or obtains a license under Article 28 shall receive education on matters under the subparagraphs of paragraph (1) every five years. <Added by Act No. 13215, Mar. 11, 2015> |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 23 (Report, etc. on Discovery and Picking Up) |
Where a person discovers or picks up guns, swords, explosives, gas sprayers, or crossbows that have been lost, buried, or are not properly managed, he/she shall report the fact to the nearest police agency within 24 hours and shall not touch, move, strike, or dismantle them without a police officer's instruction (including a conscripted policeman). <Amended by Act No. 13425, Jul. 24, 2015>
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
CHAPTER IV MANAGEMENT OF GUNS, SWORDS, EXPLOSIVES, GAS SPRAYERS, ELECTROSHOCK WEAPONS, AND CROSSBOWS
| Article 24 (Storage of Explosives) |
| (1) | Explosives shall be stored at an explosives storage facility under Article 25, and the storing methods and storage quantity prescribed by Presidential Decree and technological standards necessary for the prevention of accidents shall be complied with: |
| (2) | The manufacturers and dealers of explosives shall install an explosives storage facility for their exclusive use. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 25 (Permission to Install Explosives Storage Facilities) |
| (1) | A person who intends to install an explosives storage facility shall obtain permission from the commissioner of a local police agency or the chief of a police station having jurisdiction over the place where it is to be installed, according to the classification of explosives storage facilities prescribed by Presidential Decree. This shall also apply where he/she intends to change the location, structure, or equipment of the explosives storage facility. |
| (2) | Where the commissioner of a local police agency or the chief of a police station receives an application for permission under paragraph (1), and the structure, location, or equipment of the storage facility fails to meet the standards prescribed by Presidential Decree, he/she shall not permit the installation of the explosives storage facility. |
| (3) | Article 5 shall apply |
| (4) | Where a person, for whom six months have not passed since the date on which his/her permission to install an explosives storage facility is revoked pursuant to Article 45 (1), intends to install an explosives storage facility at the same place, the commissioner of a local police agency or chief of a police station shall not grant permission under paragraph (1). |
| (5) | A person who has obtained permission to install an explosives storage facility (hereinafter referred to as "installer of an explosives storage facility") shall not entrust another person with the management of the explosives storage facility, or lend it to him/her. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 25-2 (Succession to Status of Installer of Explosives Storage Facility) |
Article 4-2 shall apply mutatis mutandis to succession to the status of an installer of an explosives storage facility. In such cases, "manufacturing industry" shall be construed as "explosives storage facility," "manufacturer" as "installer of an explosives storage facility," and the "Commissioner General of the National Police Agency or the commissioner of a local police agency" as the "commissioner of a local policy agency or the chief of a police station."
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 26 (Transportation of Explosives) |
| (1) | A person who intends to transport explosives shall report the transportation to the chief of a police station having jurisdiction over the place of shipment, as prescribed by Ministerial Decree of the Interior and Safety: |
| (2) | The chief of a police station in receipt of a report on transportation under paragraph (1) shall issue a certificate of report of transportation of explosives, as prescribed by Ministerial Decree of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017> |
| (3) | A person who transports explosives shall carry with him/her a certificate of report of transportation of explosives issued pursuant to paragraph (2). |
| (4) | Where explosives are transported, the technological standards prescribed by Presidential Decree concerning loading and transporting methods, routes and shipping marks, etc., and the instructions written down on the certificate of report of transportation of explosives under paragraph (2) shall be complied with: |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 27 (Appointment of Person in Charge of Security in Manufacturing Explosives or Security in Managing Explosives) |
| (1) | An explosives manufacturer shall appoint a person in charge of security in manufacturing explosives or a person in charge of security in managing explosives, and an explosives dealer, installer of an explosives storage facility, and a user of explosives of a quantity at least the quantity prescribed by Presidential Decree shall appoint a person in charge of security in managing explosives, respectively, from among persons holding a license under Article 28. |
| (2) | Where a person who, pursuant to paragraph (1), has to appoint a person in charge of security in manufacturing explosives or a person in charge of security in managing explosives appoints or dismisses a person in charge of security in manufacturing explosives or a person in charge of security in managing explosives, he/she shall report to a permitting agency that grants permission pursuant to this Act, as prescribed by Ministerial Decree of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017> |
| (3) | Where grounds for disqualification under Article 29 (1) applies to a person in charge of security in manufacturing explosives or to a person in charge of security in managing explosives who is appointed pursuant to paragraph (1), or he/she violates this Act or an order issued under this Act, a permitting agency may issue an order of his/her dismissal. |
| (4) | The standards for appointment of a person in charge of security in manufacturing explosives or a person in charge of security in managing explosives and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 28 (License of Person in Charge of Security in Manufacturing Explosives and Person in Charge of Security in Managing Explosives) |
| (1) | A person who has obtained a national qualification for manufacturing explosives, managing explosives, or handling explosives under the National Technical Qualifications Act may obtain a license of person in charge of security in manufacturing explosives or a license of person in charge of security in managing explosives from the commissioner of a local police agency, as prescribed by Ministerial Decree of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | A person who does not hold a license under paragraph (1) shall not become a person in charge of security in manufacturing explosives or a person in charge of security in managing explosives. |
| (3) | Matters necessary for the kinds of license of person in charge of security in manufacturing explosives and license of person in charge of security in managing explosives and qualifications eligible for a license shall be prescribed by Presidential Decree. |
| (4) | A person who obtains a license under paragraph (1) shall have the license renewed every five years from the date he/she obtains it, as prescribed by Ministerial Decree of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 29 (Grounds for Disqualification of Person in Charge of Security in Manufacturing Explosives and Person in Charge of Security in Managing Explosives) |
| (1) | None of the following persons shall obtain a license of person in charge of security in manufacturing explosives or a person in charge of security in managing explosives: |
| 1. | A person under 20 years of age; |
| 2. | A person who is color-blind, color-weak, blind, dumb, deaf, or whose movement of limbs is clearly restricted; |
| 3. | A person (excluding a person whose license was revoked for violation of Article 28 (4)) for whom one year has not passed since his/her license was revoked pursuant to Article 30 (1) (excluding subparagraph 2 of the same paragraph); |
| 4. | A person who falls under any of Article 13 (1) 2 through 7. |
| (2) | Article 13 (2) shall apply |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 30 (Revocation and Suspension of License) |
| (1) | Where a person who has obtained a license of person in charge of security in manufacturing explosives or person in charge of security in managing explosives falls under any of following, the commissioner of a local police agency who granted the license (hereinafter referred to as "licensing agency") may revoke the license, or suspend the effect of the license for a specified period up to a maximum of six months: |
| 1. | Where it turns out that he/she has obtained the license by deceit or fraudulent means; |
| 2. | Where the qualification is revoked pursuant to the National Technical Qualifications Act; |
| 3. | Where he/she falls under a ground for disqualification under Article 29 (1); |
| 4. | Where he/she has lent the license to another person; |
| 5. | Where he/she has caused, intentionally or by gross negligence, an accident, such as an explosion, etc., in handling explosives, and thus killed or injured people; |
| 6. | Where the licensing agency has a reasonable ground to believe that he/she is likely to disturb public peace and order; |
| 7. | Where he/she violates this Act or an order under this Act. |
| (2) | Where the qualification of a person with a license of a person in charge of security in manufacturing explosives or a person in charge of security in managing explosives is suspended pursuant to the National Technical Qualifications Act, a licensing agency shall suspend the license while his/her qualification is suspended. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 31 (Duties, etc. of Person in Charge of Security in Manufacturing Explosives and Person in Charge of Security in Managing Explosives) |
| (1) | A person in charge of security in manufacturing explosives shall take charge of the manufacture of explosives and a person in charge of security in managing explosives shall take charge of the handling of explosives in general (excluding manufacture), and faithfully perform supervisory duties concerning safety prescribed by Presidential Decree, respectively. |
| (2) | Persons who handle explosives shall follow the directions and supervision concerning safety of a person in charge of security in manufacturing explosives and a person in charge of security in managing explosives. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 32 (Stability Test of Explosives) |
| (1) | A person who manufactures or imports explosives, or who possesses explosives past a period prescribed by Presidential Decree after manufacturing or importing the explosives, shall test the stability thereof, as prescribed by Presidential Decree. |
| (2) | A person who tests stability under paragraph (1) shall report the result of test to the commissioner of a local police agency. |
| (3) | Where the Commissioner General of the National Police Agency or the commissioner of a local police agency deems a need arises for the prevention of disasters, he/she may order an explosives owner to conduct a stability test under paragraph (1). |
| (4) | The manufacturer, importer, or possessor of explosives shall discard explosives that are turned out to fall short of the technological standards prescribed by Presidential Decree, as a result of a stability test under paragraph (1) or (3), within 30 days from the date he/she is notified of the result of the stability test, and notify the result to the commissioner of a local police agency: |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 33 (Measures for Remaining Explosives) |
Where the permission of a person who is entitled to possess or use explosives pursuant to this Act or other Acts is revoked or possession or use is no longer necessary, he/she shall promptly transfer or discard the explosives.
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 34 (Packing, etc. of Explosives) |
| (1) | Explosives shall be packed in compliance with the packing standards for explosives prescribed by Ministerial Decree of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | No guns, swords, explosives, gas sprayers, electroshock weapons, and crossbows shall be possessed, stored, transported, or forwarded in disguise or packed in mixture with other articles. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 35 (Report on Theft and Loss) |
If guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows are stolen or lost, the owner or manager shall promptly report to a police agency.
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 36 (Emergency Measures, etc.) |
Where the stability of explosives is abnormal, or urgent measures are needed as a fire or dangerous situation breaks out in the vicinity of an explosives storage facility, the owner or manager of the explosives, or the installer of the explosives storage facility shall promptly take emergency measures prescribed by Presidential Decree and report to a police agency.
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 37 (Prohibition, etc. of Handling of Fire or Smoking) |
| (1) | No one shall handle embers or smoke a cigarette in a place other than a designated place in a factory, store, storage facility, or a place where explosives are handled. |
| (2) | No one shall enter a factory, store, storage facility or a place where explosives are handled as he/she carries fire prone materials without consent of the manager therof. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 38 (Danger Prevention Rules) |
| (1) | A manufacturer shall make danger prevention rules according to the standards prescribed by Ministerial Decree of the Interior and Safety and obtain approval from the commissioner of a local police agency. The same shall also apply to the modification thereof. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | Where the danger prevention rules under paragraph (1) do not accord with the standards for facilities and techniques concerning the manufacture of guns, swords, explosives, gas sprayers, electroshock weapons, and crossbows under Article 4 (5), or are deemed inappropriate for the prevention of accidents, the commissioner of a local police agency shall not approve of the rules. |
| (3) | Where the commissioner of a local police agency deems a need arise for the prevention of accidents and for the maintenance of public safety, he/she may order a manufacturer to modify danger prevention rules. |
| (4) | A manufacturer and his/her employees shall observe danger prevention rules. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 39 (In-House Safety Education) |
| (1) | A manufacturer shall formulate an in-house safety education plan for his/her employees according to the standards prescribed by Ministerial Decree of the Interior and Safety and obtain approval from the commissioner of a local police agency. The same shall also apply to the modification of the plan. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | Where the commissioner of a local police agency deems that the in-house safety education plan under paragraph (1) is inappropriate for the standards prescribed by Ministerial Decree of the Interior and Safety, he/she shall not approve of such plan. <Amended by Act No. 14839, Jul. 26, 2017> |
| (3) | A manufacturer shall faithfully conduct safety education according to the in-house safety education plan approved under paragraph (1). |
| (4) | Where the commissioner of a local police agency deems a special need arises for the prevention of accidents, he/she may issue an order even to a person who uses lots of explosives, or uses explosives continuously for a substantial period to formulate an in-house safety education plan. In such cases, paragraphs (1) through (3) shall apply |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 40 (Self-Safety Inspections) |
| (1) | The installer of an explosives storage facility shall formulate a self-safety inspection plan according to the standards prescribed by Ministerial Decree of the Interior and Safety, inspect the explosives storage facility, and submit the self-safety inspection plan to a permitting agency. The same shall also apply to the modification thereof. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | The self-safety inspection plan under paragraph (1) shall include the result of regular inspections of a number at least that prescribed by Presidential Decree; and when a regular inspection of an explosives storage facility is finished, the installer of the explosives storage facility shall promptly report the result of inspection to the permitting agency. |
| (3) | Where the commissioner of a local police agency or the chief of a police station deems a need arises, he/she may have a relevant public official participate in the self-safety inspection under paragraph (1). |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 41 (Regular Safety Inspections) |
A manufacturer, a dealer, or an installer of an explosives storage facility shall receive a regular safety inspection conducted by a permitting agency on an annual basis, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 42 (Inspection of Guns, Gas Sprayers, Electroshock Weapons, and Crossbows) |
| (1) | Those prescribed by Presidential Decree from among guns, gas sprayers, electroshock weapons, or crossbows manufactured by manufacturers of guns, gas sprayers, electroshock weapons, or crossbows, and guns, gas sprayers, electroshock weapons, or crossbows imported by persons permitted to import guns, gas sprayers, electroshock weapons, or crossbows pursuant to Article 9 shall be inspected by the Commissioner General of the National Police Agency. In such cases, where guns without any identification plate are manufactured or imported, the Commissioner General of the National Police Agency shall, immediately, issue an order to destroy or send back such guns. |
| (2) | The structure of guns, gas sprayers, electroshock weapons, and crossbows that are the standards for inspection under paragraph (1), performance inspection pass marks, inspection fees, and other matters necessary for inspection shall be prescribed by Ministerial Decree of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017> |
| (3) | Where the Commissioner General of the National Police Agency deems a need arises, he/she may entrust the Guns and Explosives Safety Technology Association under Article 48 with the inspection under paragraph (1). In such cases, matters necessary for conducting inspection, such as standards for facilities to be prepared by the Guns and Explosives Safety Technology Association, standards for qualifications of persons to conduct inspection, etc. shall be prescribed by Ministerial Decree of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017> |
| (4) | The executives and employees of the Guns and Explosives Safety Technology Association who conduct inspection entrusted pursuant to paragraph (3) shall be deemed a public official if Articles 129 through 132 of the Criminal Act apply to them. |
| (5) | No guns, gas sprayers, electroshock weapons, and crossbows without a mark of passing an inspection conducted pursuant to paragraph (1) shall be sold, rented, or displayed for sale or rent. |
| (6) | Where the commissioner of a local police agency or the chief of a police station deems a need arises to inspect whether a person permitted to possess a gun, gas sprayer, electroshock weapon, or crossbow possesses them appropriately, he/she may conduct an inspection of such gun, gas sprayer, electroshock weapon, or crossbow, as prescribed by Ministerial Decree of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017> |
| (7) | A person who is permitted to possess a gun, gas sprayer, electroshock weapon, or crossbow shall receive an inspection under paragraph (6). |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
CHAPTER V SUPERVISION
| Article 43 (Inspection on Completion) |
A manufacturer, dealer, or the installer of an explosives storage facility shall receive an inspection of facility or installation from a permitting agency within one year from the date he/she receives permission, and shall not begin duties or use the facility or installation unless he/she passes the inspection: Provided , That where an extenuating circumstance exists, the permitting agency may extend the period up to a maximum of one year.
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 44 (Access, Inspection, etc.) |
| (1) | Where a permitting agency deems it necessary to prevent accidents or to maintain public safety, it may have relevant public officials enter the factories, stores or renter's offices of guns, gas sprayers, electroshock weapons, or crossbows, explosives storage facilities or places where explosives are used and other necessary places to inspect books, documents and other necessary articles, or inquire of interested parties. |
| (2) | Public officials who are engaged in the access and inspection under paragraph (1) shall carry a certificate showing his/her authority and show it to interested parties. |
| (3) | Where a permitting agency deems a need arises for the prevention of accidents or for the maintenance of public safety, it may require manufacturers, dealers and renters, persons permitted to export and import guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows, persons permitted to possess guns, swords, gas sprayers, electroshock weapons, or crossbows, installers of explosives storage facilities, explosives user, etc. to make a necessary report. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 45 (Administrative Disposition on Manufacturers, etc.) |
| (1) | Where a manufacturer, dealer, or renter falls under any of the following, a permitting agency shall revoke his/her permission: |
| 1. | Where he/she obtains permission by deceit or fraudulent means; |
| 2. | Where guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows manufactured for the purpose of export without applying the structure and performance standards under Article 3 (4) are sold in domestic markets or illegally sent thereto; |
| 3. | Where he/she fails to prepare facilities for manufacture, sale, or rent under Articles 4, 6, and 6-2, or he/she has a ground for disqualification under Article 5 (including cases where such provision applies |
| 4. | Where he/she fails to receive the inspection on completion under Article 43; |
| 5. | Where he/she suspends business for one year or more without any justifiable ground after starting the business; |
| 6. | Where he/she fails to begin business within specified period; |
| 7. | Where there are reasonable grounds to believe that he/she may disturb public peace and order; |
| 8. | Where he/she violates this Act or an order under this Act. |
| (2) | Paragraph (1) (excluding subparagraph 2 of the same paragraph) shall apply |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 45-2 (Succession to Effect of Administrative Disposition) |
| (1) | Where the status of a manufacturer, dealer, or renter under Articles 4-2 and 6-3 is succeeded by another, the effect of administrative disposition under Article 45 (1) imposed on the previous manufacturer, dealer, or renter shall be succeeded by a transferee or successor until the day on which the period of such administrative disposition comes to an end, and if proceedings for such administrative disposition are in process, such proceedings may continue with respect to such transferee and successor: |
| (2) | Where the status of an explosives storage facility installer is succeeded by another pursuant to Article 25-2, paragraph (1) shall apply |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 46 (Administrative Disposition on Persons, etc. Holding Permission to Possess Guns) |
| (1) | Where a person holding permission to possess (referring to a person specified as a person entitled to possession in cases under Article 12 (2) and to a person in charge of management in cases under paragraph (3) of the same Article) guns, gas sprayers, explosives, electroshock weapons, or crossbows, or an explosives user falls under any of the following, a permitting agency shall revoke the permission. In such cases, where a representative of a juristic person has obtained permission for possession under Article 12 (2), the permission for part of the numbers of permitted industrial guns, gas guns, gas sprayers, or electroshock weapons shall be revoked, as prescribed by Presidential Decree: |
| 1. | Where he/she becomes disqualified under Article 13 (1); |
| 2. | Where he/she violates Article 17 (1), (2) or (4) (including a person deemed to have obtained permission for possession pursuant to the latter part of Article 12 (3)); |
| 3. | Where 30 days have passed since he/she made a report to a police agency that his/her guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows had been stolen or lost; |
| 4. | Where he/she violates this Act or an order under this Act. |
| (2) | Where a permitting agency revokes permission pursuant to paragraph (1), it shall order the possessor to submit guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows (excluding cases where such are confiscated or delivered to the to the National Treasury according to a court judgment or prosecutor's decision) and temporarily keep them in custody in the relevant permitting agency. |
| (3) | A person whose guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows are temporarily kept in custody by a permitting agency pursuant to paragraph (2), or who submits them to a permitting agency due to unlawful possession or use, or other reasons shall, within six months, take steps to relinquish ownership, such as that he/she transfers or donates them to a third party who is lawfully entitled to possess and use them, discard them etc. |
| (4) | A person who has taken over or been donated guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows pursuant to paragraph (3), and has obtained permission for the possession thereof may request a permitting agency to release them, as prescribed by Ministerial Decree of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017> |
| (5) | Where a person who has an obligation to take steps of relinquishing ownership of guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows within six months pursuant to paragraph (3) fails to fulfill the obligation, or his/her whereabouts is unclear, a permitting agency may urge him/her to take such steps or publicly announce the handling of such guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows for a period prescribed by Ministerial Decree of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017> |
| (6) | Where continuous storage is difficult, such as that no request for release of guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows is made even after six months pass since the date the period specified in the reminder or public announcement of taking steps or handling them pursuant to paragraph (5) expires, they are likely to decompose or go bad after the elapse of the handling period, storage costs an excessive amount, etc., they may be put on sale: |
| (7) | Where a permitting agency sells guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows pursuant to paragraph (6), it shall return an amount obtained by deducting expenses needed for storage and sale from the proceeds from sale to the rightful person: |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 46-2 (Notification of Personal Information to Verify Grounds for Disqualification) |
| (1) | The head of an agency prescribed by Presidential Decree among agencies managing personal information by which verification of whether a person is disqualified, such as that he/she is mentally ill, etc., is achieved shall notify the Commissioner General of the National Police Agency of personal information relating to grounds for disqualification to issue disposition under Article 46 (1) 1. |
| (2) | The contents of personal information to be notified to the Commissioner General of the National Police Agency pursuant to paragraph (1), notification methods and other matters necessary for notification of personal information shall be prescribed by Presidential Decree. |
[This Article Added by Act No. 13429, Jul. 24, 2015]
[Previous Article 46-2 Moved to Article 46-3 <by Act No. 13429, Jul. 24, 2015>]
| Article 46-3 (Hearings) |
Where a licensing agency or a permitting agency intends to issue disposition falling under any of following, it shall hold a hearing:
| 1. | Revocation or suspension of a license of person in charge of security in manufacturing explosives or a license of person in charge of security in managing explosives under Article 30 (1); |
| 2. | Revocation of permission for a business of manufacturing or selling guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows under Article 45 or suspension of business thereof; |
| 3. | Revocation of permission to possess guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows or to use explosives under Article 46 (1). |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 47 (Measures, etc. for Public Safety) |
| (1) | Where deemed necessary to prevent accidents or to maintain public safety, a permitting agency may issue or take the following orders or measures: |
| 1. | Revocation of permission to possess guns, gas sprayers, electroshock weapons, or crossbows, for the use, transfer or takeover of explosives, or restriction on the transportation of explosives; |
| 2. | Prohibition of use of the whole or part of facilities, or removal or supplementation of facilities, or corrective measures against manufacturers, dealers, renters, installers of explosives storage facilities or explosives users; |
| 3. | Temporary prohibition of or restriction on the manufacture, sale, giving and receiving, export and import, loading, transportation, storage, possession, use or discarding against manufacturers, dealers, renters, persons permitted to export or import or to possess guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows, installers of explosives storage facilities, explosives users, or other handlers; |
| 4. | An order to change or discard an explosives storage facility to a possessor or occupier of explosives or an order for safe transportation of explosives to a person who intends to transport explosives; |
| 5. | An order for the safety and protection of facilities to a manufacturer, dealer, renter, or installer of an explosives storage facility. |
| (2) | Where deemed necessary to issue orders or to take measures under subparagraphs 1 through 3 of paragraph (1), a permitting agency may order to keep guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows in a place designated by the permitting agency. In such cases, necessary matters concerning those subject to storage, procedures for return and delivery, period of storage, etc. shall be prescribed by Presidential Decree. |
| (3) | A person who possesses guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows under this Act shall observe matters prescribed by Ministerial Decree of the Interior and Safety concerning the transportation and handling of guns, etc. for the maintenance of public safety in addition to the orders or measures under paragraphs (1) and (2). <Amended by Act No. 14839, Jul. 26, 2017> |
| (4) | Where deemed necessary to prevent the occurrence of gun accidents, to prevent guns from being lost, to prevent disasters, or to maintain public safety, a permitting agency shall take necessary measures, such as issuing a warning, chasing or searching for lost guns, etc. <Added by Act No. 13429, Jul. 24, 2015> |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
CHAPTER VI GUNS AND EXPLOSIVES SAFETY TECHNOLOGY ASSOCIATION
| Article 48 (Establishment of Guns and Explosives Safety Technology Association) |
| (1) | In order to conduct research into and development of technologies for safety to prevent danger and accidents from guns, explosives, gas sprayers, electroshock weapons, and crossbows, education on the safety of guns, explosives, gas sprayers, electroshock weapons, and crossbows entrusted by administrative agencies and other duties, a Guns and Explosives Safety Technology Association (hereinafter referred to as "Association") shall be established. |
| (2) | The Association shall be a juristic person. |
| (3) | Matters necessary for the establishment and registration of the Association shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 49 (Members) |
The manufacturers, dealers, and renters of guns, explosives, gas sprayers, electroshock weapons, or crossbows, or persons permitted to possess them (excluding persons permitted to possess gas sprayers, electroshock weapons, or crossbows), installers of explosives storage facilities, explosives users, persons with a license of person in charge of security in manufacturing explosives or a license of person in charge of security in managing explosives shall become members of the Association from the date he/she obtains permission or a license under this Act: Provided , That for persons who obtain temporary permission to export and import or to possess guns, for temporary explosives users, who are specified by the articles of association of the Association, this shall not apply.
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 50 (Establishment of Chapters) |
The Association may establish chapters or branches as specified by the articles of association.
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 51 (Articles of Association) |
| (1) | The articles of association shall include following matters: |
| 1. | Purpose; |
| 2. | Title; |
| 3. | Location of its principal office; |
| 4. | Matters concerning its business; |
| 5. | Matters concerning the board of directors; |
| 6. | Matters concerning the members, executives and employees; |
| 7. | Matters concerning the finance and accounting; |
| 8. | Matters concerning the public announcement; |
| 9. | Matters concerning the modification of the articles of association. |
| (2) | The articles of association under paragraph (1) shall require approval from the Commissioner General of the National Police Agency. The same shall also apply to the modification of the articles of association. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 52 (Business) |
The Association shall perform following business:
| 1. | Technological support and study and research on the safety of guns, explosives, gas sprayers, electroshock weapons, and crossbows; |
| 2. | Inspection of stability of guns, gas sprayers, electroshock weapons, and crossbows and stability test of explosives; |
| 3. | Research on and development and spread of technologies and facilities for the manufacture, transportation, use, storage, etc. of guns, explosives, gas sprayers, electroshock weapons, and crossbows; |
| 4. | Education and publicity on the thoughts of safety of guns, explosives, gas sprayers, electroshock weapons, and crossbows; |
| 5. | Education on the safety of and technologies on guns, explosives, gas sprayers, electroshock weapons, and crossbows; |
| 6. | Collection of data on guns, explosives, gas sprayers, electroshock weapons, and crossbows, and publication and spread of technological books, etc.; |
| 7. | Introduction of technologies on and international cooperation in the safety of guns, explosives, gas sprayers, electroshock weapons, and crossbows; |
| 8. | Technological advice on administrative services for safety of guns, explosives, gas sprayers, electroshock weapons, and crossbows; |
| 9. | Duties regarding the safety of guns, explosives, gas sprayers, electroshock weapons, and crossbows entrusted by the Commissioner General of the National Police Agency; |
| 10. | Other business necessary to achieve the purpose of the Association. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 53 (Executives) |
| (1) | The Association shall have five or fewer directors including a president, and an auditor. |
| (2) | The president and the auditor shall be appointed and dismissed by the Commissioner General of the National Police Agency, and directors shall be appointed and dismissed by the president with the approval of the Commissioner General of the National Police Agency. |
| (3) | The term of office of the president, directors, and auditor shall be two years. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 54 (Duties of Executives) |
| (1) | The president shall represent the Association, and take charge of the affairs of the Association. |
| (2) | The auditor shall audit and inspect the accounting and affairs of the Association. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 55 (Grounds for Disqualification of Executives) |
None of the following persons shall become an executive of the Association:
| 1. | A person placed under adult guardianship or under limited guardianship; |
| 2. | A person who is not reinstated after having been declared bankrupt; |
| 3. | A person for whom three years have not passed since the execution of a penalty is completed or a penalty is determined not to be executed after he/she was sentenced to imprisonment without prison labor or heavier punishment; |
| 4. | A person for whom one year has not passed since a stay of execution terminated after he/she had been sentenced to imprisonment without prison labor or heavier punishment with a stay of execution; |
| 5. | A person who is in the period of probation after a court suspended a sentence of imprisonment without prison labor or heavier punishment; |
| 6. | A person who is disqualified or whose qualification is suspended by Acts or court judgment. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 56 (Board of Directors) |
| (1) | In order to make decisions on important matters of the Association, the Association shall have a board of directors. |
| (2) | The board of directors shall consist of directors, including a president. |
| (3) | The president shall call meetings of the board of directors, and preside over the meetings. |
| (4) | The board of directors shall make resolutions with the attendance of a majority of directors on the register, and with a majority approval of the directors present. |
| (5) | The auditor may attend the meetings of the board of directors and express his/her opinions. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 57 (Employees) |
The employees of the Association shall be appointed and dismissed by the president as specified by the articles of association.
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 58 (Finance) |
| (1) | Expenses needed for the operation and business of the Association shall be covered by following sources: <Amended by Act No. 14839, Jul. 26, 2017> |
| 1. | Subsidies from the Government and local governments; |
| 2. | Fees for safety inspection of guns, stability test of explosives, education, etc. prescribed by Ministerial Decree of the Interior and Safety; |
| 3. | Membership fees from members prescribed by Presidential Decree. |
| (2) | The method and rate of bearing the membership fees under paragraph (1) 3, and other matters necessary for the membership fees shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 59 (Approval, etc. for Business Plans) |
| (1) | The fiscal year of the Association shall follow that of the Government. |
| (2) | The Association shall prepare in advance a business plan for each fiscal year and obtain approval from the Commissioner General of the National Police Agency. The same shall also apply to the modification thereof. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 60 (Submission of Statement of Accounts) |
The Association shall prepare a settlement of accounts on revenue and expenditure for each fiscal year, and submit it to the Commissioner General of the National Police Agency after an audit by a certified public accountant designated by the Commissioner General of the National Police Agency by not later than the end of February of the following year.
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 61 (Supervision) |
The Commissioner General of the National Police Agency shall supervise the Association, and may issue orders necessary to achieve the purpose of establishment of the Association.
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 62 (Application Mutatis Mutandis of the Civil Act) |
Except as prescribed by this Act, the provisions of the Civil Act concerning incorporated foundations shall apply mutatis mutandis to the Association.
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 63 (Keeping of Books and Entry Therein) |
| (1) | A manufacturer, dealer, renter, or installer of an explosives storage facility or explosives user shall prepare and keep books and enter necessary matters therein as prescribed by Presidential Decree. <Amended by Act No. 13429, Jul. 24, 2015> |
| (2) | A person permitted to possess a gun shall keep a book and enter necessary matters therein, and produce it if relevant public official makes a request. <Added by Act No. 13429, Jul. 24, 2015> |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 64 (Signboards, etc.) |
A manufacturer, dealer, renter, or installer of an explosives storage facility shall put up a signboard or other marks indicating his/her trade at each factory, store, renter's office, or storage facility.
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 65 (Permit, etc.) |
| (1) | Where a permitting agency or licensing agency grants permission or a license under this Act, it shall deliver a permit or license as prescribed by Ministerial Decree of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | Where permission or a license of a person who is issued a permit or license under paragraph (1) is revoked, or he/she is imposed disposition of suspension of business, suspension of use or suspension of effect of license, he/she shall immediately return the permit or license to the permitting agency or licensing agency, as prescribed by Ministerial Decree of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017> |
| (3) | Where a matter stated in a permit or license is changed, a person who is issued the permit or license under paragraph (1) shall report it to a permitting agency or licensing agency, as prescribed by Ministerial Decree of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017> |
| (4) | Where a permit or license is lost or is worn out and unusable, the holder may report such fact to a permitting agency or licensing agency, and be issued a new one, as prescribed by Ministerial Decree of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 66 (Report, etc. on Closure or Suspension of Business) |
In any of the following, a report shall be made to a permitting agency, as prescribed by Ministerial Decree of the Interior and Safety: <Amended by Act No. 14839, Jul. 26, 2017>
| 1. | Where a manufacturer, dealer or renter suspends the whole or part of business for a period of one year or less; |
| 2. | Where a manufacturer, dealer or renter closes the whole or part of business; |
| 3. | Where an installer of an explosives storage facility repeals the use of the storage facility. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 67 (Fees) |
| (1) | Any person who intends to obtain permission or a license under this Act, or to have a permit or license reissued shall pay fees, as prescribed by Ministerial Decree of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | Among the fees under paragraph (1), fees paid where the commissioner of a local police agency or the chief of a police station grants permission or a license, or reissues a permit or license shall become the revenue of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 68 (Delegation of Authority) |
Part of the authority under this Act of the Commissioner General of the National Police Agency or the commissioner of a local police agency may be delegated to the commissioners of local police agencies or the chiefs of police stations, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 69 (Identification Plates and Provision of Information) |
| (1) | |
| (2) | The Commissioner General of the National Police Agency shall collect information on the following matters and keep it for 30 years: |
| 1. | Information on identification plates; |
| 2. | Date of issue and expiration date of permission or approval for international transactions of guns or explosives, exporting countries, importing countries, countries where guns or explosives stop over during transportation, final receivers, and exact quantity. |
[This Article Added by Act No. 12960, Jan. 6, 2015]
CHAPTER VIII PENALTY PROVISIONS
| Article 70 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than ten years, or by a fine not exceeding twenty million won: |
| 1. | A person who sells or illegally distributes guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows within the country without applying the standards for structure and performance under Article 3 (4), which are manufactured for the purpose of export; |
| 2. | A person who violates the provisions of Article 4 (1) and (3) (limited to guns and explosives), Article 6 (1) (limited to guns and explosives), paragraph (2) (limited to guns and explosives), Article 9 (1) or Article 12 (1) (limited to guns and explosives) and (2) (limited to industrial guns and gas guns). |
| (2) | The punishment of a person who repeatedly violates Article 4 (1) or (3), 6 (1) or (2), or 9 (1) concerning guns shall increase by 1/2 of the punishment prescribed in paragraph (1) 2. |
| (3) | A person who has attempted an offense under paragraph (1) shall be punished. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 71 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than five years, or by a fine not exceeding ten million won: <Amended by Act No. 13429, Jul. 24, 2015>
| 1. | A person who violates the provisions of Article 4 (2) or (3) (limited to swords, gas sprayers, electroshock weapons, and crossbows), 6 (1) (limited to swords, gas sprayers, electroshock weapons, or crossbows) or (2) (limited to swords, gas sprayers, electroshock weapons, or crossbows), 6-2 (1) or (2), 9 (2), or 12 (1) (limited to swords, gas sprayers, electroshock weapons, or crossbows) or (2) (limited to gas sprayers and electroshock, weapons); |
| 1-2. | A person who fails to store guns and cartridges or blank cartridges in a designated place under Article 14-2 (1); |
| 2. | A person who violates the provisions of Article 18 (1) or (2); |
| 3. | A person who violates the provisions of Article 21 (1), (3), (4) or (5); |
| 4. | A person who neglects supervisory duties for safety, in violation of the provisions of Article 31 (1); |
| 5. | A person who violates an order of suspension of business or an order of suspension of use under the proviso to Article 45 (1) or under paragraph (2) of the same Article; |
| 6. | A person who violates an order or measures under Article 47 (1), or violates an order of safekeeping under paragraph (2) of the same Article; |
| 7. | A person who manufactures guns or fails to provide information on identification plates, in violation of Article 69 (1); |
| 8. | A person who fakes identification plates, or illegally deletes, destroys, or changes identification plates. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 72 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years, or by a fine not exceeding seven million won:
| 1. | A person who violates the provisions of Article 8, 19, 24 (1) or (2), 25 (1) or (5), or 27 (1), 32 (1), 34 (1) or (2), 36, 38 (1) or (4), 40 (1), or 43; |
| 2. | A person who fails to comply with technological standards or instructions under Article 18 (4) or 26 (4); |
| 3. | A person who violates an order under Article 27 (3) or 32 (3); |
| 4. | A person who violates the provisions of Article 41 or 42 (7); |
| 5. | A manufacturer, importer, or dealer of guns, gas sprayers, electroshock weapon, or crossbows who violates the provisions of Article 42 (1) or (5); |
| 6. | A person who refuses, evades, or obstructs access or inspection under Article 44 (1), or who makes a false statement; |
| 7. | A person who has obtained permission or a license under this Act by deceit or other fraudulent means. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 73 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than two years, or by a fine not exceeding five million won:
| 1. | A person who violates the provisions of Article 4-2 (3) (including cases where this provision applies |
| 1-2. | A person who posts or distributes information on the methods and design drawings of manufacturing guns and explosives, etc. on an information and communications network, such as a website, etc., in violation of Article 8-2; |
| 2. | A person who discards and disposes of explosives, in violation of the technological standards under Article 20 (3); |
| 3. | A person who violates the provisions of Article 23; |
| 4. | A person who fails to report under Article 26 (1), or who makes a false report. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 74 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding three million won: |
| 1. | A person who fails to report under Article 9 (5), 11 (2), 20 (1), 27 (2), 35, or 66, or who makes a false report; |
| 2. | A person who violates the provisions of Article 17 (1) or (3), 32 (4), 33, 39 (1) or (3), 63, 64, or 65 (2); |
| 3. | A person who disobeys an order issued under Article 20 (2) or 39 (4); |
| 4. | A person who fails to carry with him/her a certificate of report of transportation of explosives, in violation of Article 26 (3); |
| 5. | A person who fails to report under Article 32 (2), 40 (2), or 44 (3), or who makes a false report; |
| 6. | A person who violates the matters to be obeyed as prescribed in Article 47 (3). |
| (2) | An administrative fine under paragraph (1) shall be imposed and collected by the Commissioner General of the National Police Agency, the commissioner of a local police agency or the chief of a police station, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 75 (Concurrent Imposition of Penalties) |
Both imprisonment with labor and a fine may be concurrently imposed when determining punishment under Articles 70 through 73.
[This Article Wholly Amended by Act No. 12960, Jan. 6, 2015]
| Article 76 (Joint Penalty Provisions) |
Where the representative of a juristic person, or the agent, servant or employee of a juristic person or individual commits a violation of any provision of Articles 70 through 73 concerning the duties of the juristic person or individual, the juristic person or individual shall also be punished by a fine under the relevant provisions in addition to punishment of the violator: Provided , That where the juristic person or individual has not neglected to pay due care and supervision with regard to relevant duties to prevent such violation, this shall not apply.
[This Article Wholly Amended by Act No. 9211, Dec. 26, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Previous Permission etc.)
A person who has obtained permission or a license, or made a report pursuant to the previous provisions before this Act enters into force shall be deemed to have obtained permission or a license, or made a report pursuant to this Act.
Article 3 (Transitional Measures concerning Report on Making of Imitation Guns for Export)
A person who makes imitation guns for the purpose of export at the time this Act enters into force shall report to the chief of a police station having jurisdiction over the location of his/her factory within three months from the date Ministerial Decree of Home Affairs under Article 11 (2) enters into force.
Article 4 (Transitional Measures Concerning Previous Disposition, etc.)
An order, measure or disposition that is issued or taken pursuant to previous provisions before this Act enters into force and is not against this Act shall be deemed to have been issued or taken pursuant to this Act.
Article 5 (Relations with other Acts and Subordinate Statutes)
Where provisions of the previous Act on the Safety Management of Guns, Swords, Explosives, Etc. are cited by other Acts and subordinate statutes and this Act includes provisions corresponding thereto, such corresponding provisions in this Act shall be deemed to have been cited in lieu of the previous provisions.
ADDENDUM <Act No. 3876, Dec. 31, 1986>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 4154, Dec. 30, 1989>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 1990.
Article 2 (Transitional Measures concerning Possession of Gas Sprayers or Electroshock Weapons)
A person who possesses a gas sprayer or electroshock weapon at the time this Act enters into force and intends to continue to possess it three months after the date this Act enters into force shall obtain permission for possession within three months from the chief of a police station having jurisdiction over his/her address.
Article 3 (Transitional Measures concerning License of Person in Charge of Security in Manufacture of Explosives)
A person who has obtained a license of person in charge of security in manufacturing explosives from the Minister of Home Affairs pursuant to previous provisions before this Act enters into force shall be deemed to have obtained a license of person in charge of security in manufacturing explosives from a Mayor/Do Governor.
Article 4 (Transitional Measures concerning Danger Prevention Rules and In-House Safety Education Plans)
The manufacturers of swords at the time this Act enters into force shall submit danger prevention rules and in-house safety education plans to a Mayor/Do Governor and obtain approval therefrom, and the manufacturers of guns at the time this Act enters into force in-house shall submit safety education plans to a Mayor/Do Governor and obtain approval therefrom, respectively, within three months from the date this Act enters into force.
Article 5 (Transitional Measures concerning Inspection on Completion)
The facilities or equipment of a store that has obtained permission to sell guns, swords or explosives before this Act enters into force shall be deemed to have undergone the inspection on completion under Article 43.
ADDENDA <Act No. 4369, May 31, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force sixty days after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 4989, Dec. 6, 1995>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures toward Possessors of Gas Guns) A person who possesses a gas gun at the time this Act enters into force shall obtain permission for possession under Article 12 from the chief of a police station having jurisdiction over his/her address within three months from the date this Act enters into force. |
| (3) | (Transitional Measures toward Possessors of Crossbows) A person who possesses a crossbow at the time this Act enters into force shall obtain permission for possession under Article 12 from the chief of a police station having jurisdiction over his/her address within three months from the date this Act enters into force. |
| (4) | (Transitional Measures concerning Application of Penal Provisions) Previous penal provisions shall apply to illegal acts committed before this Act enters into force. |
ADDENDA <Act No. 5201, Dec. 30, 1996>
| (1) | (Enforcement Date) This Act shall enter into force three months after its promulgation. |
| (2) | (Transitional Measures concerning Term of Office of President and Directors of Association) Previous provisions shall apply to the term of office of the president and directors at the time this Act enters into force. |
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 5938, Mar. 31, 1999>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 6386, Jan. 26, 2001>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures on Toy Fireworks) A person who keeps toy fireworks to be stored pursuant to Article 24 at the time this Act enters into force shall store them in an explosives storage facility under Articles 24 and 25 within six months from the date this Act enters into force. |
| (3) | (Transitional Measures on Disposition, etc.) Acts, such as permission granted by the commissioner of a local police agency under previous provisions at the time this Act enters into force, etc., or acts toward the commissioner of a local police agency shall be regarded as acts by the chief of a police station or acts toward the chief of a police station, respectively. |
ADDENDA <Act No. 6948, Jul. 29, 2003>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measure concerning Permission to Possess Guns) A person who is in possession of parts corresponding to a gun under the amended provisions of Article 2 (1) at the time this Act enters into force shall obtain permission to possess such parts according to the provisions of Article 12 (1) within three months from the date this Act enters into force: |
| (3) | (Transitional Measures concerning Grounds for Disqualification) Previous provisions shall apply to grounds for disqualification of a person who has obtained permission to possess a gun, sword, explosives, gas sprayer, electroshock weapon, or crossbow, and to grounds for disqualification of a person who has obtained a license of person in charge of security in manufacturing explosives or security in managing explosives pursuant to previous provisions at the time this Act enters into force, notwithstanding the amended provisions of Article 13 (1) 3, 4 and 5, and Article 29 (1) 4. |
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7849, Feb. 21, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006. (Proviso Omitted.)
Articles 2 through 41 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9211, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
| (2) | Omitted. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided , That the amended parts of Acts, from among Acts amended pursuant to Article 6 of Addenda, that were promulgated before this Act enters into force but of which enforcement date has not yet arrived shall enter into force on the date respective Acts enter into force.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12960, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability concerning Restriction on Export and Import of Guns without Identification Plates)
The amended provisions of Article 9 shall begin to apply to the portion of which export or import is permitted for the first time after this Act enters into force.
Article 3 (Transitional Measures concerning Incompetent Persons, etc.)
Notwithstanding the amended provisions of subparagraph 5 of Article 5 and subparagraph 1 of Article 55, previous provisions shall apply to a person on whom the declaration of incompetency or quasi-incompetency remains effective pursuant to Article 2 of Addenda of the Civil Act as amended partially by Act No. 10429.
Article 4 (Transitional Measures concerning Permission to Possess Guns, etc. as Theatrical Property)
The permission to possess guns, swords, gas sprayers, electroshock weapons, or crossbows being possessed to use as a theatrical property for a movie, drama, etc. at the time this Act enters into force shall be deemed to have been obtained pursuant to the amended provisions of Article 12 (3) until such reasons cease to exist.
Article 5 Omitted.
Article 6 (Relationship with other Acts)
Where the previous Act on the Safety Management of Guns, Swords, Explosives, Etc. or provisions thereof are cited by other Acts at the time this Act enters into force, this Act or relevant provisions thereof shall be deemed to have been cited.
ADDENDA <Act No. 13215, Mar. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided , That the amended provisions of Article 22 of the Act on the Safety Management of Guns, Swords, Explosives, Etc. as amended partially by Act No. 12960 shall enter into force on January 7, 2016.
Article 2 (Exceptions to Existing Persons with Permission, etc.)
The day on which a person who obtained previous permission to possess a gun (limited to a hunting rifle or air gun) or obtained a license under Article 28 before this Act enters into force has to receive education pursuant to the amended provisions of Article 22 (5) shall be counted from the day on which he/she renews permission for possession or a license under Article 28: Provided , That for a person permitted to possess a crossbow, counting shall begin from the date on which this Act enters into force.
ADDENDA <Act No. 13425, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 13429, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on November 2, 2015: Provided , That the provisions of the Act on the Safety Management of Guns, Swords, Explosives, Etc. as amended partially by Act No. 12960 shall enter into force on January 7, 2016.
Article 2 (Applicability concerning Grounds for Disqualification)
The amended provisions of Article 13 (1) shall begin to apply to an application for permission for possession or an application for renewal of permission to possess guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows, and to an application for a license or an application for renewal of a license of person in charge of security in manufacturing explosives and a license of person in charge of security in managing explosives, which is filed for the first time after this Act enters into force: Provided , That the amended provisions of Article 13 (1) of the Act on the Safety Management of Guns, Swords, Explosives, Etc. as amended partially by Act No. 12960 shall begin to apply to an application for permission for possession or an application for renewal of permission to possess guns, swords, explosives, gas sprayers, electroshock weapons or crossbows, and to an application for a license or an application for renewal of a license of person in charge of security in manufacturing explosives and person in charge of security in managing explosives, which is filed for the first time after the Act on the Safety Management of Guns, Swords, Explosives, Etc. as amended partially by Act No. 12960 enters into force.
Article 3 (Transitional Measures concerning Storage of Guns)
| (1) | Pursuant to the amended provisions of Article 14-2, a person who is permitted to possess a gun pursuant to Article 12 or 14 at the time this Act enters into force shall store the gun and cartridges or blank cartridges in a place designated by a permitting agency within one month from the date this Act enters into force. |
| (2) | Pursuant to paragraph (1), a permitting agency may revoke permission to possess a gun of a person who fails to store his/her gun and cartridges or blank cartridges in a place designated by the permitting agency. |
Article 4 (Transitional Measures concerning Renewal of Permission to Possess Guns)
Notwithstanding the amended provisions of Article 16 (1), previous provisions shall apply to the period during which a person who has obtained permission to possess a gun or obtained renewal of permission to possess a gun before this Act enters into force is required to obtain renewed permission to possess a gun.
ADDENDA <Act No. 14476, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 14621, Mar. 21, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation: |
Articles 2 through 6 Omitted.
ENFORCEMENT DECREE OF THE ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES
| ENFORCEMENT DECREE OF THE ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES | No.36221 | 20260324 |
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| ENFORCEMENT DECREE OF THE ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES | No.34488 | 20240517 |
| ENFORCEMENT DECREE OF THE ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES | No.33471 | 20230516 |
| ENFORCEMENT DECREE OF THE ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES | No.33112 | 20221220 |
| ENFORCEMENT DECREE OF THE ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES | No.31380 | 20210105 |
| ENFORCEMENT DECREE OF THE ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES | No.31349 | 20210101 |
| ENFORCEMENT DECREE OF THE ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES | No.30081 | 20190919 |
| ENFORCEMENT DECREE OF THE ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES | No.28919 | 20180528 |
| ENFORCEMENT DECREE OF THE ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES | No.28215 | 20170726 |
| ENFORCEMENT DECREE OF THE ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES | No.27751 | 20170101 |
| ENFORCEMENT DECREE OF THE ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES | No.27616 | 20161202 |
| ENFORCEMENT DECREE OF THE ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES | No.27299 | 20160701 |
| ENFORCEMENT DECREE OF THE ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES | No.26858 | 20160107 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.26611 | 20151102 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.26518 | 20150912 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.25836 | 20150101 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.25751 | 20141119 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.25456 | 20140715 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.25050 | 20140101 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.24789 | 20131010 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.24419 | 20130323 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.23570 | 20120205 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.23488 | 20120106 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.21214 | 20081231 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.21127 | 20081126 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.20692 | 20080229 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.20557 | 20080122 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.19563 | 20060701 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.19381 | 20060310 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.18237 | 20040130 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.17185 | 20010331 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.16437 | 19990630 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.15598 | 19980101 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.15342 | 19970412 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.15029 | 19960620 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.13870 | 19930306 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.13435 | 19910731 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.12962 | 19900331 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.12276 | 19871110 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.11617 | 19850205 |
| ENFORCEMENT DECREE OF THE CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT | No.10618 | 19811106 |
CHAPTER I GENERAL PROVISIONS
| Article 1 (Purpose) |
The purpose of this Decree is to prescribe matters mandated by the Act on the Safety Management of Gun s, Swords and Explosives and matters necessary for the enforcement thereof. <Amended on Mar. 31, 1990; Jan. 6, 2016>
| Article 2 (Definitions) |
The terms used in this Decree are defined as follows: <Amended on Nov. 10, 1987; Jul. 30, 1991; Mar. 6, 1993; Jun. 20, 1996; Jun. 30, 1999; Feb. 29, 2008; Mar. 23, 2013; Oct. 10, 2013; Jul. 14, 2014; Jan. 5, 2021>
| 1. | The term "factory laboratory" means a structure installed in a factory for the purpose of manufacturing powders; |
| 2. | The term "dangerous factory laboratory" means a factory laboratory with a risk of catching fire or exploding; |
| 3. | The term "temporary storage depot for explosives" means a depot which temporarily stores powders in the process of manufacturing them; |
| 4. | The term "backlog capacity" means a maximum capacity of explosives which can be stored in the same factory laboratory; |
| 5. | The term "security goods" means equipment and installations requiring the protection from danger and injury in handling explosives, which shall be classified as first-class security goods, second-class security goods, third-class security goods and fourth-class security goods; |
| 6. | The term "first-class security goods" means structures designated as national treasures, houses in urban districts, schools, nursing institutions, hospitals, temples, churches and stadiums; |
| 7. | The term "second-class security goods" means village houses and parks; |
| 8. | The term "third-class security goods" means houses which do not belong to first-class security goods and second-class security goods, railroads, tracks, sea lanes or anchorages of ships (referring to where ships are ties up), oil storage facilities, facilities for producing and storing high-pressure gas (including charging stations), power plants, substations, and factories; |
| 9. | The term "fourth-class security goods" means roads under each subparagraph of Article 10 of the Road Act, high-tension electric wires, places where explosives are handled, and areas where fire is used; |
| 10. | The term "maximum capacity" means the maximum number of employees working at the same time and at the same place; |
| 11. | The term "primary explosive" means a kind of ammonium nitrate explosive whose principal ingredient is ammonium nitrate mixed with fuel oil, which is made according to materials, standards, composite ratio, and a priming sensitivity test as determined by the joint public notification of the Commissioner General of the National Police Agency and the Minister of Trade, Industry and Energy; |
| 12. | The term "hydrate explosive" means a high explosive whose principal ingredients are oxidizers (referring to nitrate, such as ammonium nitrate and monomethylamine nitrate), water, sensitive agents, and heating elements, which shall not change its nature in water in a state of slurry or gelatin. |
| Article 3 (Guns) |
| (1) | |
| 1. | |
| (a) | Pistols (including machine pistol; hereinafter the same shall apply); |
| (b) | Rifles; |
| (c) | Machine guns (limited to less than 20 millimeter calibered one except machine pistols); |
| (d) | Hunting guns: |
| (i) | Shotguns (limited to reduction Nos. 4 through 32 and 0.41 inch calibered one); |
| (ii) | Spring guns (limited to 0.22 inch through 0.38 inch calibered one); |
| (iii) | Air guns (limited to 4.5 millimeter through 5.5 millimeter calibered one, except in the case of shotgun limited to 5.5 millimeter through 6.4 millimeter calibered one); |
| (iv) | Gas guns (the same as in the case of air gun shall apply); |
| (e) | Firing guns: |
| (i) | Shotguns (limited to reduction Nos. 12 through 20); |
| (ii) | Spring guns (limited to 0.22 inch through 0.38 inch calibered one); |
| (iii) | Air guns (limited to 4.5 millimeter through 5.5 millimeter calibered one); |
| (iv) | Gas guns (the same as in the case of air gun shall apply); |
| (f) | Fishing guns: |
| (i) | Small fishing guns (limited to 0.22 inch through 0.38 inch calibered one); |
| (ii) | Spear guns; |
| (g) | Anesthetizing guns; |
| (h) | Butcher guns; |
| (i) | Industrial guns: |
| (i) | Staple guns; |
| (ii) | Sweep guns; |
| (iii) | Crusher guns (referring to guns that crush minerals or stones, etc.); |
| (iv) | Cable throwers; |
| (j) | Rescue and life saving guns: |
| (i) | Life rope throwers; |
| (ii) | Life signal guns; |
| (k) | Gas dischargers; |
| (l) | Explosive fragmentation guns (limited to those with a caliber of at least 12.5 millimeters but not more than 40 millimeters); |
| (m) | Other powder-charged guns utilizing the theory of detonation; |
| 2. | Cannon: |
| (a) | Small-caliber cannon (limited to 20 millimeter through 40 millimeter calibered one); |
| (b) | Medium-caliber cannon (limited to more than 40 milimeter and less than 90 millimeter calibered one, except for mortars); |
| (c) | Large-caliber cannon (limited to at least 90 millimeter calibered one, except for mortars); |
| (d) | Mortar; |
| (e) | Whaling guns (limited to small-caliber one); |
| 3. | Parts of guns: |
| (a) | |
| (b) | Lead shots and cochineal shots; |
| (c) | Muffler and telescopic sight. |
| (2) | "Air gun," as used in paragraph (1), means one which has the capability to kill and injure human beings, animals or birds, etc. |
| Article 4 (Swords) |
| (1) | Swords under the provisions of Article 2 (2) of the Act shall be as follows: |
| 1. | Falchion; |
| 2. | Long sword; |
| 3. | Poniard; |
| 4. | Sword; |
| 5. | Spear; |
| 6. | Stiletto; |
| 7. | Dagger; |
| 8. | Jackknife (limited to one whose blade is longer than 6 centimeters); |
| 9. | Switchblade (limited to one whose blade is longer than 5.5 centimeters and has an automatic system of unfolding over an angle of 45 degrees); |
| 10. | Other swords whose blades are longer than 6 centimeters and evidently has the danger of being able to be used as lethal weapons. |
| (2) | The standards and forms of swords shall be listed in Appendix 1. |
| (3) | Swords that cannot be used as lethal weapons because their blades are round and dull shall not be deemed to be swords pursuant to paragraph (1). |
| Article 5 (Explosives) |
| (1) | The term "those as determined by Presidential Decree among powders to be used for a propulsive explosion similar to powders" in Article 2 (3) 1 (c) of the Act means any of the following subparagraphs: <Amended on Jun. 30, 1999> |
| 1. | Powder whose key ingredient is perchlorate; |
| 2. | Powder whose key ingredient is lead oxide or barium peroxide; |
| 3. | Powder whose key ingredient is bromate; |
| 4. | Powder whose key ingredient is lead chromate; |
| 5. | Powder whose key ingredient is aluminium sulfate. |
| (2) | The term "those as determined by Presidential Decree to be used for a destructive explosion similar to explosives" in Article 2 (3) 2 (g) of the Act means any of the following subparagraphs: <Amended on Apr. 12, 1997> |
| 1. | Urea nitrate to be used for explosion or explosives whose principal ingredient is urea nitrate; |
| 2. | Explosive containing 75 percent or more of diazodinitrophenol or silicon dioxide; |
| 3. | Primary explosive; |
| 4. | Hydrate explosive; |
| 5. | Nitrocotton (limited to one containing 12.2 percent or more of nitrogen). |
| Article 6 (Conversion Standard for Explosives) |
| (1) | The quantity of powders or blasting agents equivalent to one ton of explosives in backlogging or storing explosive shall be listed in Appendix 2. |
| (2) | The provisions of paragraph (1) shall apply |
| (3) | The provisions of paragraph (1) shall apply |
| Article 6-2 (Gas Sprayers) |
Gas sprayers under Article 2 (4) of the Act are machines or tools which inject tear or asphyxiating agents temporarily making human activities difficult through the force of compressed air and shall be understood as those coming under any of the following subparagraphs, except for germicidal, insecticidal, and industrial gas sprayers:
| 1. | Shooting sprayers; |
| 2. | Stick sprayers; |
| 3. | Fountain pen sprayers; |
| 4. | Other portable sprayers. |
[This Article Added on Mar. 31, 1990]
| Article 6-3 (Electroshock Weapons) |
Electroshock weapons under Article 2 (5) of the Act are machines or tools which can discharge instantaneous high-tension currents and shall be understood as those coming under any of the following subparagraphs, except for electroshock weapons for industry or medicine:
| 1. | Shooting electroshock weapons; |
| 2. | Stick electroshock weapons; |
| 3. | Other portable electroshock weapons. |
[This Article Added on Mar. 31, 1990]
| Article 6-4 (Crossbows) |
Crossbows under the provision of Article 2 (6) of the Act are machines or tools (except for Korean bows or western-style bows) made by applying the principle of bow for thrust and the principle of guns for sighting and firing and shall be understood as those coming under any of the following subparagraphs: <Amended on Apr. 12, 1997>
| 1. | General crossbows; |
| 2. | Pulley-block crossbows (referred to crossbows that apply the principle of leverage, hereinafter the same shall apply); |
| 3. | Pistol crossbows. |
[This Article Added on Jun. 20, 1996]
CHAPTER II MANUFACTURE AND SALE OF GUNS, SWORDS, EXPLOSIVES, GAS SPRAYERS, ELECTROSHOCK WEAPONS, AND CROSSBOWS
| Article 6-5 (Matters Included in Gun Safety Management Plans) |
"Matters prescribed by Presidential Decree" in Article 3-2 (2) 6 of the Act means the following: <Amended on Jan. 6, 2016>
| 1. | A plan to examine whether facility standards for gun factories, stores, and rental stores are observed; |
| 2. | Ascertainment of whether gun manufacturers, dealers, renters, or possessors are disqualified, and procedures for the determination of any ensuing disposition; |
| 3. | A plan to examine whether guns are remodeled, lost, stolen, etc. |
[This Article Added on Oct. 30, 2015]
| Article 6-6 (Detailed Arm Safety Management Plans) |
| (1) | Each year, the Commissioner General of the National Police Agency shall formulate and implement a detailed gun safety management plan under Article 3-2 (5) of the Act. |
| (2) | A detailed gun safety management plan shall include the following: <Amended on Jan. 6, 2016> |
| 1. | Present condition of gun possessors; |
| 2. | A plan to establish a reporting office for the collection of illegal guns, methods of how to handle reported illegal guns, and a plan on how to operate the office during a period in which illegal guns are reported voluntarily; |
| 3. | A plan to examine gun manufacturers including the following items for inspection: |
| (a) | Manufacturing guns without permission; |
| (b) | Removing guns without permission; |
| (c) | Whether guns are stolen, lost, or illegally removed, and whether such fact is improperly recorded in the book; |
| 4. | A plan to examine gun dealers including the following items for examination: |
| (a) | Whether guns are sold to persons without permission to possess guns; |
| (b) | Whether transfer and acquisition of guns are improperly recorded; |
| 5. | A plan to examine gun renters including the following items for examination: |
| (a) | Whether guns are rented to persons without permission to possess guns; |
| (b) | Whether rental agreements are improperly recorded; |
| 6. | A plan to examine gun possessors including the following items for examination: |
| (a) | Whether gun possessors have moved to other places or are dead; |
| (b) | Whether guns are remodeled, lost, or stolen. |
| (3) | Where emergency needs arise for the safety management of guns, the Commissioner General of the National Police Agency may alter the detailed gun safety management plan formulated pursuant to paragraph (1). |
| (4) | Where the Commissioner General of the National Police Agency formulates or alters a detailed gun safety management plan, he or she shall publicly notify such fact. |
| (5) | In addition to the matters prescribed in paragraphs (1) through (4), matters necessary for the formulation or alteration of a detailed gun safety management plan shall be determined by the Commissioner General of the National Police Agency. |
[This Article Added on Oct. 30, 2015]
| Article 7 (Kinds and Quantity of Explosives Which Can Be Made without Permission) |
The kinds and quantity of explosives which can be made without permission under the provisions of Article 4 (3) of the Act shall be as follows: <Amended on Jun. 20, 1996>
| 1. | Not more than 400 grams at one time in the case of making ingredient powders or explosives of signal torpedoes, signal rockets, fireworks for the purpose of physical and chemical experiments or medicine in schools, laboratories, hospitals or other authorized institutions, and not more than 200 grams at one time in the case of other explosives; |
| 2. | Deleted; <Jun. 20, 1996> |
| 3. | Deleted; <Jun. 20, 1996> |
| 4. | Not more than 1 kilogram of powders (limited to those not containing chlorate or red phosphorus) mainly composed of nitrate per day in the case of making recreational fireworks under subcontract to recreational fireworks makers and the quantity of fireworks compounded of ingredients under subcontract to toy fireworks makers, not more than 2 kilograms of other powders per day or the quantity of fireworks made by using the ingredients of explosives not more than 1 kilogram per day. |
| Article 8 (Criteria for Manufacturing Facilities) |
The criteria for facilities for the manufacture of guns, swords, explosives, gas sprayers, electroshock weapons and crossbows under Article 4 (5) of the Act (hereinafter referred to as "manufacturing facilities") shall be as follows: <Amended on Nov. 10, 1987; Mar. 31, 1990; Jun. 20, 1996; Jun. 30, 1999; Mar. 31, 2001; Jan. 20, 2004; Mar. 10, 2006; Feb. 29, 2008; Mar. 23, 2013; Oct. 10, 2013; Nov. 19, 2014; Jun. 30, 2016; Jul. 26, 2017; May 28, 2018>
| 1. | A factory shall be divided into a dangerous zone and a non-dangerous zone; a boundary fence shall be built around the dangerous zone; and a boundary sign shall be set up in a place readily visible to the public; |
| 2. | Any manufacturing facility shall have a manufacture department meeting all of the following requirements: |
| (a) | It shall be equipped with facilities according to the following facility criteria: |
| (i) | In the case of a manufacture department (excluding a manufacture department for the manufacture of gun barrels or action parts only (hereinafter referred to as '"manufacture department of gun barrels, etc.") for the manufacture of guns, swords, gas sprayers, electroshock weapons, or crossbows (including remodeling and repairing of guns): Facility criteria under Appendix 3; |
| (ii) | In the case of a manufacture department of gun barrels, etc.: Facility criteria deemed by the Commissioner General of the National Police Agency to be necessary for the manufacture of relevant parts among the facility criteria under Appendix 3; |
| (b) | A manufacture department shall have an area listed hereunder: |
| (i) | A manufacture department for the manufacture of guns or gas sprayers (excluding a manufacture department for the manufacture of buckshots or pellets only): At least 200 square meters for exclusive use; |
| (ii) | In the case of any of the following: At least 80 square meters for exclusive use: |
| a. | A manufacture department for the manufacture of swords, electroshock weapons, or crossbows; |
| b. | A manufacture department for the manufacture of buckshots or pellets only; |
| 2-2. | A manufacture department for repairing guns shall have an exclusive area of at least 23.1 square meters. The same shall also apply where a gun dealer concurrently operates a repair business; |
| 3. | Where a boundary fence under subparagraph 1 is built in a forest, an open space of two meters or more in width shall be left along the boundary fence so that it may stop burning in cases of a fire; |
| 4. | Within a dangerous zone only essential facilities for work shall be installed; |
| 5. | A security distance in Appendix 4 (a security distance listed in Appendix 5 in the case of dangerous factory laboratories which deal with fireworks, signal torpedoes, signal rockets or ingredients-use powders or explosives) between a dangerous factory laboratory, temporary storage depot for powders, sunlight drying house, explosion test site, combustion test site, launching test site or incinerator for discarded powders (hereinafter referred to as "dangerous factory laboratory, etc.") and security goods shall be maintained: |
| 6. | Where people wish to store more than backlog capacity corresponding to the security distance listed in Appendixs 4 and 5, a security distance pursuant to the following calculating formula shall be maintained: |
security distance＝[{Denominator's security distance regarding backlog capacity}×{Cube root of quantity to be stored}]/Cube root of backlog capacity listed in Appendix 4 or Table 5
| 7. | A dangerous factory laboratory, etc. shall have a security distance as determined by Ministerial Decree of the Interior and Safety from other facilities within a boundary fence of a factory; |
| 8. | An engine room and a smoke funnel (excluding engine rooms and smoke funnels which do not use solid fuel) shall be installed outside a danger zone; |
| 9. | A dangerous factory laboratory and a temporary storage depot for explosives shall be equipped with lightning conductors under Article 41; |
| 10. | A dangerous factory shall be a separately built fireproof building and a factory laboratory in danger of explosion shall be built of building materials that can be lightly blown off in explosion: |
| 11. | A dangerous factory laboratory and a temporary storage depot for explosives in danger of explosion shall be installed with earth mounds under Article 42: |
| 12. | A factory laboratory in danger of catching fire shall be installed with fireproof walls or combustion-preventive facilities distant from other factory laboratories; |
| 13. | Facilities in danger of catching fire within a factory laboratory in danger of catching fire shall be equipped with automatic or water bottle type convertible fire-control devices; |
| 14. | A reservoir, a water tank and an emergency flashlight, etc. which are necessary to extinguish a fire shall be installed around a dangerous factory laboratory; |
| 15. | A dangerous factory laboratory shall be equipped with windows and exits for escape in an emergency; the doors of which shall be open from outside, in the sections where metals rub each other, copper or brass shall be used, and the sections of glass on which a direct ray of light strikes down shall be opaque; |
| 16. | The inside of a dangerous factory laboratory shall be built of a structure which can prevent earth and sand from falling off or blowing off, and hardware shall not appear on the floor; |
| 17. | It shall be ensured that explosive dust does not infiltrate the floor of a dangerous factory laboratory by sticking fast soft materials such as lead and rubber plates: |
| 18. | No motors and temperature or moisture regulators shall be installed in a dangerous factory laboratory: |
| 19. | Machines and containers which are installed or kept in a dangerous factory laboratory shall be ensured so that hardware does not rub each other except for sections necessary for work, rubbing sections are applied by lubricants sufficiently to prevent them from rocking, falling off and eroding and explosive dust does not to be adhered or permeated; |
| 20. | Heating systems in a dangerous factory laboratory shall be operated by steam, heat or warm water, be spaced with inflammable matters and prevent explosive dust or particles from adhering to the hot sections; |
| 21. | Where electric heaters or other high heat sources apply to a paraffin tank and a sulphur tank, etc. in a dangerous factory laboratory, a safety device shall be installed outside the tank to prevent the temperature from exceeding 110 degrees Celsius (150 degrees Celsius in the case of a sulphur tank); |
| 22. | The lighting equipment of a dangerous factory laboratory or a temporary storage depot for explosives shall be electric lights designed to be entirely detached from the inside of a factory laboratory and no electric wires shall appear in the factory laboratory or the temporary storage depot for powders; |
| 23. | The metallic sections of machines or drying devices equipped in a dangerous factory laboratory shall be on the ground; |
| 24. | A dangerous factory laboratory, etc. shall, either on its inside or outside, have a clearly visible notice posted stating the kinds of explosives and ingredients used for powders, current backlog capacity in storage, kinds of powders to be backlogged in the same site, maximum quantity, maximum capacity, and cautions in dealing or other necessary matters; |
| 25. | The ceiling and inner walls of a factory laboratory in which explosives are liable to be blown off shall not be spaced and the surface shall be slick so as to be swept off by water; |
| 26. | A factory laboratory which is liable to discharge inflammable gas or poisonous gas shall be equipped with an air exhauster; |
| 27. | A factory which dries explosives shall be equipped with a drying factory laboratory: |
| 28. | A warmer in a factory laboratory which dries explosives shall be installed at a distance from the powders being dried: |
| 29. | A drying stand in a sunlight drying house shall be at an altitude of at least 60 centimeters; |
| 30. | Where the distance between a sunlight drying house which is in danger of catching fire and other facilities is less than 20 meters, temporary earth mounds under Article 43 or explosion-preventive walls as determined by Ministerial Decree of the Interior and Safety shall be installed between the facilities and where the distance between a sunlight drying house which is in danger of catching fire and other facilities is at least 20 meters, fire walls shall be constructed or evergreen broad-leaved trees shall be planted thickly between the facilities; |
| 31. | An explosion test site, combustion test site, launching test site, and incinerator for discarded powers shall be constructed within a danger zone and marked off by mound explosion-preventive walls or fire walls and trees and weeds around them shall always be cut or trimmed; |
| 32. | Containers which transport explosives and their ingredients shall be made by using soft materials which do not react with substances contained therein and constructed to be properly shut by coverings; |
| 33. | A vehicle which transports powders in a danger zone shall be a handcart, storage battery car or diesel locomotive; the handcart shall be constructed not to cause frictions or shocks to the explosives being transported and the storage battery car and diesel locomotive shall be constructed, as determined by Ministerial Decree of the Interior and Safety; |
| 34. | Factories manufacturing explosives containing water or oils, such as primary explosives or hydrate explosives, etc. shall be equipped with automatic manufacturing facilities; |
| 35. | Where manufacturing explosives containing water or oils, such as primary explosives or hydrate explosives, etc. at the place of use, it shall be manufactured by the automatic compounding tank lorries, and after such manufacturing, the relevant lorries shall be preserved in the manufacturing place. |
| Article 9 (Criteria for Manufacturing Techniques) |
| (1) | The criteria of techniques for manufacturing guns under Article 4 (5) of the Act shall be as follows: <Added on Mar. 31, 1990; Jun. 20, 1996; Jun. 30, 1999; Jan. 20, 2004; Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | They shall not be automatic percussion systems: |
| 2. | Magazines shall be able to be loaded with not more than six ball cartridges or metallic bullets: |
| 3. | They shall comply with the structure and efficiency standards determined by Ministerial Decree of the Interior and Safety. |
| (2) | The criteria for techniques for manufacturing explosives under Article 4 (5) of the Act shall be as follows: |
| 1. | The composite ratio of ingredients shall be determined for powders and explosives in advance, and the structure, composition and maximum quantity of manufacturing per day shall also be determined in advance; and they shall be manufactured below the maximum quantity according to the composition ratio of the ingredients or the structure and composition; |
| 2. | No person, except employees necessary for work and persons deemed particularly necessary, shall enter a danger zone; |
| 3. | The maximum capacity of a dangerous factory laboratory and a temporary storage depot for explosives shall be set within the limit determined by Ministerial Decree of the Interior and Safety and no person except employees within the scope of the maximum capacity and persons deemed particularly necessary shall enter them; |
| 4. | No person shall be allowed to work in a danger zone while under the influence of alcohol; |
| 5. | Due discretion and prudence shall be used and complicated work shall not be performed in a danger zone; |
| 6. | A factory laboratory or temporary storage depot for explosives shall always be cleaned so that hardware, soil, or sand shall not be inter-mingled and a water sprinkler or other appropriate steps shall be taken so that dust or sand may not be stirred up around the factory laboratory; |
| 7. | No light, except portable flashlights, shall be carried in a dangerous factory laboratory; |
| 8. | In or around a dangerous factory laboratory, etc., explosive, combustible, or inflammable materials shall not be stockpiled; |
| 9. | Backlog capacity or maximum quantity of ingredients used for explosives in a dangerous factory laboratory, etc., to be stored in the same site and at the same time shall be set within the scope of quantity determined by Ministerial Decree of the Interior and Safety, and powders or their ingredients shall not be stockpiled in excess; |
| 10. | Where operations closely related to temperature in manufacturing explosives are conducted, the limit of temperature shall be set and work shall be conducted within such limit; |
| 11. | Machines, tools and containers used in a dangerous factory laboratory shall always be inspected and maintained properly; |
| 12. | Where machines, tools and containers used in a dangerous factory laboratory are repaired, repairs shall be performed only after explosives adhered to or penetrated are shaken off outside the factory laboratory by the instructions of the person in charge of powders manufacturing security: in inevitable cases, repairs may be performed in the dangerous factory laboratory after necessary measures are taken, such as moving dangerous substances in the factory place to a safe place; |
| 13. | Where it is desirable to carry on remodeling or repair of a dangerous factory laboratory or temporary storage depot for explosives, precautionary measures against danger and injury shall be taken in advance; |
| 14. | A dangerous factory laboratory shall not be used for other purposes than the proper work due to be done in the factory laboratory; |
| 15. | Certain precautionary measures against danger and injury, such as putting powders to be discarded or adulterated explosives in certain disposal containers every day and discarding at certain sites, shall be taken; |
| 16. | In transporting explosives, their ingredients and half-finished goods, prudence and discretion shall be used so that they may not be shocked or fall off; |
| 17. | A diesel locomotive shall not enter the place where there is a possibility that explosive dust will be stirred up; |
| 18. | Patches or other wastes likely to be adhered to explosives or oils shall be placed in certain containers and transported outside the factory laboratory after work each day, and precautionary measures against danger and injury shall be taken at certain sites; |
| 19. | Explosion tests, combustion tests, launching tests or incineration of explosives shall be carried out at designated sites, respectively; |
| 20. | Tests of explosives shall be conducted in a dangerous factory laboratory built for such tests or in a dangerous factory laboratory which can be diverted for conducting tests after stopping ordinary work; |
| 21. | Powders shall be put in inner wrappings that do not react with explosives (including rewrappings; hereinafter the same shall apply) and then placed in outer coverings, as determined by Ministerial Decree of the Interior and Safety: |
| 22. | The inner wrappings and outer covers under subparagraph 21 and outer envelopes of fireworks shall state the kind, quantity, efficiency, makers' names, date of production, term of availability, methods of usage (term of availability and methods of usage are limited to toy fireworks) of explosives or fireworks: |
| 23. | The lids of wooden boxes, the outer coverings, containing explosives, other than signal torpedoes, signal rockets and fireworks shall be screwed down by turning brass screw nails or wooden screw nails slowly and a metal hammer shall not be used: |
| 24. | Conditions of care necessary for the treatment shall be clearly described on the outer coverings; |
| 25. | The outer coverings shall be knobbed for convenient transportation and safety measures shall be taken; |
| 26. | No gaps shall be made between inner wrappings and outer coverings so as to not stir the contents; |
| 27. | Each day, after the manufacturing process is finished, explosives shall not be left in a factory laboratory: |
| (3) | The criteria for techniques for manufacturing gas sprayers under Article 4 (5) of the Act shall be as follows: <Added on Mar. 31, 1990; Jul. 30, 1991; Jun. 20, 1996; Jun. 30, 1999; Jan. 20, 2004; Mar. 10, 2006; Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Dec. 9, 2014; Jul. 26, 2017> |
| 1. | That harmful chemical substances and tear gas whose manufacture and use are restricted pursuant to other statutes and regulations, such as the Chemicals Control Act, shall not be used in gas sprayers: |
| 2. | That the dispensing system of a powder spray shall be fulcrum trigger system and the dispensing system of a liquid spray shall be push-button system; |
| 3. | They shall comply with the structure and efficiency standards determined by Ministerial Decree of the Interior and Safety. |
| (4) | The criteria for techniques for manufacturing electroshock weapons under Article 4 (5) of the Act shall be as follows: <Added on Mar. 31, 1990; Jun. 20, 1996; Jun. 30, 1999; Jan. 20, 2004; Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Eelectroshock weapons shall not be used by electric currents and voltage to the extent capable of killing or injuring persons; |
| 2. | They shall be used by touching shocked objects; |
| 3. | They shall comply with the structure and efficiency standards determined by Ministerial Decree of the Interior and Safety. |
| (5) | The criteria for techniques for manufacturing crossbows under Article 4 (5) of the Act shall be as follows: <Added on Jun. 20, 1996; Apr. 12, 1997; Jun. 30, 1999; Jan. 20, 2004; Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | They shall not be pulley-type or pistol-type crossbows; |
| 2. | The pulling pressure of strings shall be not more than 68 kilograms; |
| 3. | Arrowheads shall be round, not knife-edged, and unable to be detached from the arrow; |
| 4. | No aiming neck mounting shall be present; |
| 5. | They shall comply with other structure and efficiency standards determined by Ministerial Decree of the Interior and Safety. |
| Article 9-2 (Quantity of Ball Cartridges and Blank Cartridges Which Guns Sales Agents May Sell without Permission) |
| (1) | A guns sales agent may, without permission, sell ball or blank cartridges that are permitted to be sold to persons holding the permission of possession of guns within the scope of not more than 400 cartridges (5,000 cartridges in the case of blank cartridges in staple guns for construction) per capita per day pursuant to the proviso to Article 6 (2) of the Act. |
| (2) | The quantity of ball and blank cartridges which a guns sales agent may hold in custody for sale under the provisions of paragraph (1) shall not exceed 20,000 for ball cartridges and 20,000 for blank cartridges (100,000 in the case of staple guns for construction). <Amended on Sep. 17, 2019> |
[This Article Added on Jun. 20, 1996]
| Article 10 (Criteria for Facilities of Sales Business) |
| (1) | The criteria for facilities of sales business for guns, swords, gas sprayers, electroshock weapons and crossbows under the provisions of Article 6 (4) of the Act shall be as follows: <Amended on Nov. 10, 1987; Mar. 31, 1990; Jun. 20, 1996; Jan. 20, 2004> |
| 1. | They shall be provided with a salesroom with exclusive floor space of 16.5 square meters for the sale of guns, swords, gas sprayers, electroshock weapons and crossbows. In this case, goods unrelated to guns, swords, gas sprayers, electroshock weapons and arbalists shall not be displayed or held herein; |
| 2. | They shall be provided with custody devices falling under any of the following items: |
| (a) | Hangar built of reinforced concrete; |
| (b) | Hangar fixed to a section of the building such as concrete walls; |
| (c) | Double fire-resistant iron safe (1.6 millimeters or thicker in iron sheet and 450 kilograms or more in weight); |
| 3. | They shall be equipped with one or more solid showcases designed to prevent someone from withdrawing and touching it easily; |
| 4. | They shall be equipped with a ball cartridge storage facility or one or more iron ball cartridge hangars; |
| 5. | They shall be equipped with one or more tools for charging air guns or gas guns with high-tension air or gas; |
| 6. | The doors or windows of entrances and show windows shall be built of tempered glass, show windows shall be installed with wire nets, and chains in the case of guns, shall be connected to the triggers of guns; |
| 7. | Entrances shall be installed with iron shutters and solid double locks; |
| 8. | They shall be installed with alarm devices that are connected to the applicable branch office of police station and police stand. |
| (2) | The criteria for facilities of sales business for explosives under the provisions of Article 6 (4) of the Act shall be as follows: <Amended on Jun. 20, 1996; Jan. 20, 2004> |
| 1. | An explosives storage facility for its exclusive use shall be installed; |
| 2. | A guard post shall be installed at the entrance; |
| 3. | An explosives storage facility shall be built with a road leading into its entrance to enable safe transportation by vehicles; |
| 4. | The locations of sales an agency or explosives storage facility shall be safe from danger in distribution channels. |
[Title Amended on Jun. 20, 1996]
| Article 10-2 (Facility Criteria for Theatrical Prop Gun Rental Business) |
Article 10 (1) 1 through 3 and 6 through 8 shall apply mutatis mutandis to the facility criteria for rental business of guns, swords, gas sprayers, electroshock weapons, or crossbows used as props for movies, dramas, etc. under Article 6-2 (1) of the Act.
[This Article Added on Jan. 6, 2016]
| Article 11 (Provisional Custody of Explosives) |
A person obligated to hold explosives for export or import under custody (including a bonded area constructor and freight handler) shall take safeguards and precautionary measures to prevent disaster and injury, such as the prevention of fire, taking away, and theft of powders.
CHAPTER III POSSESSION AND USE OF GUNS, SWORDS, EXPLOSIVES, GAS SPRAYERS, ELECTRIC SHOCK MACHINES AND CROSSBOWS
| Article 12 (Persons Allowed to Possess Guns without Permission) |
| (1) | Any of the following persons may possess guns, swords, explosives, gas sprayers, electric shock machines and crossbows without permission under subparagraph 10 of Article 10 of the Act: <Amended on Mar. 31, 1990; Jul. 30, 1991; Jun. 20, 1996; Jun. 30, 1999; Jan. 20, 2004; Mar. 10, 2006; Dec. 31, 2020; May 7, 2024> |
| 1. | A person who possesses guns, swords or explosives which are valuable as cultural heritage with a certificate issued by a cultural heritage managing agency; |
| 2. | A person who has been designated as a user of guns, swords, explosives, gas sprayers, electroshock weapons or crossbows for teaching or research at schools of all grades under the Elementary and Secondary Education Act and the Higher Education Act or public agencies. In such cases, guns are limited to air guns; |
| 3. | A person who lends guns, swords or crossbows temporarily from a shooting range, private hunting ground or fencing school and takes lessons in shooting, hunting or swordsmanship in the same place; |
| 4. | A person who possesses a saber or ceremonial sword to command or wield on a ceremonial occasion in the military, schools or public agencies or possesses for the purpose of command as an active military or police commander. In such cases, such swords are limited to those that are not edged; |
| 5. | A person who possesses life rope throwers for lifesaving in relation to the business upon command from the head of an agency which the person belongs to, under the Framework Act on Civil Defense, the Fire Services Act and the Ship Safety Act; |
| 6. | A manufacturer who keeps and manages the original register of guns, swords, explosives, gas sprayers, electroshock weapons, and crossbows for a manufacturer of guns, swords, explosives, gas sprayers, electroshock weapons, and crossbows to use such register for research and development in a factory with approval from the commissioner of a City/ |
| 7. | A person in possession of lead shots and cochineal shots as well as collimator that are parts of a gun (limited to an air gun) to use for the gun for which the person has obtained permission to possess. |
| (2) | A person who falls under paragraph (1) 2 shall abide by managerial observances on air gun determined by Ministerial Decree of the Interior and Safety. <Amended on Jun. 30, 1999; Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 13 (Standards for Imitation Guns) |
| (1) | "Those ... prescribed by Presidential Decree" in the main clause of Article 11 (1) of the Act means those which meet the standards prescribed in subparagraph 1 of Appendix 5-2. |
| (2) | "Those prescribed by Presidential Decree" in the main clause of Article 11 (2) of the Act means those which meet the standards prescribed in subparagraph 2 of Appendix 5-2. |
[This Article Wholly Amended on Sep. 17, 2019]
| Article 13-2 (Guns for Disruption of Explosive Objects) |
"Gun s for the disruption of explosive objects prescribed by Presidential Decree" in the former part of Article 12 (2) of the Act means explosive fragmentation guns specified in Article 3 (1) 1 (l).
[This Article Added on Sep. 17, 2019]
| Article 14 (Scope of Permission for Possession of Guns, Swords, Gas Sprayers, Electroshock Weapons, and Crossbows by Kinds and Uses) |
| (1) | The scope of permission for possession of guns, swords, gas sprayers, electroshock weapons, and crossbows by kind and use under Article 12 (5) of the Act shall be as follows: <Amended on Mar. 31, 1990; Jun. 20, 1996; Jun. 30, 1999; Jan. 20, 2004; Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jan. 6, 2016; Jul. 26, 2017; Sep. 17, 2019> |
| 1. | Where a pistol is possessed for a shooting contest, sports or self-defense; |
| 2. | Where a shotgun, a single-shot gun, air gun, or a crossbow is possessed for hunting, extermination of harmful birds and animals or shooting contest; |
| 3. | Where any of the following is possessed: a life rope thrower, life signal gun, butcher gun, anesthetizing gun, whaling gun or cannon, gun, spear gun, marking gun for whaling, industrial staple gun for construction, cable thrower and guns necessary for sweeping or other industrial applications for the use of life-saving, slaughter, anesthetization, fishing, construction, and other guns necessary for industrial purposes determined by Ministerial Decree of the Interior and Safety; |
| 4. | Where a government or public agency possesses a gun, sword, gas sprayer, electroshock weapons, and crossbows for the purpose of testing and research; |
| 5. | Where a person who, recommended as eligible by the head of an agency, as determined by Ministerial Decree of the Interior and Safety, as an athlete or candidate participating in an athletic meeting or worldwide shooting contest, possesses a pistol in order to use it at the athletic meeting or shooting contest; |
| 6. | In cases of possessing a sword for the purpose of using or holding under custody for swordmanship contest, hunting, slaughter, agriculture and fishery, ornament or family heirloom; |
| 7. | In cases of possessing guns and swords for functions, such as festivals and ceremonies, swords for family heirloom or ornament and other swords that are deemed necessary for general folk customs or custom's sake; |
| 8. | Where a gas sprayer or an electroshock weapon is possessed for guard duties, self-defense or animal roundup; |
| 9. | Where a person legally allowed to carry arms possesses an incapacitant spray for self-defense or arresting criminals; |
| 10. | Where a legal person has his or her employees, etc. possess an industrial gun, gas discharger, explosive fragmentation guns, gas sprayer, or electric shock machine according to any of the following categories for use: |
| (a) | For public works, construction and other industrial application: industrial gun; |
| (b) | For security: gas discharger (limited to a possessor legally entitled to carry arms), gas sprayer, or electroshock weapons; |
| (c) | For anesthesia of animals: Tranquilizer guns; |
| (d) | For counter-terrorism (referring to a case of responding to terrorism against a terrorist target facility under Article 10 (1) of the Act on Counter-Terrorism for the Protection of Citizens and Public Security): Explosive fragmentation guns; |
| 11. | Where any person who is licensed to possess a gun (limited to powder shotguns) is in possession of a barrel in order to use it to replace for the gun. |
| (2) | Matters related to the extent of permission for possession and to the management of pistols in possession under paragraph (1) 1 shall be determined by Ministerial Decree of the Interior and Safety. <Amended on Jun. 30, 1999; Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[Title Amended on Jun. 20, 1996]
| Article 14-2 (Grounds for Disqualification for Possession of Guns, Swords, Explosives, Gas Sprayers, Electroshock Weapons, and Crossbows) |
"Person prescribed by Presidential Decree" in Article 13 (1) 2 of the Act means a person acknowledged by a doctor in the specialized field that the person’s safe use of guns is not certain, due to psychopathy, such as dementia, schizophrenia, schizotypal affective disorder, bipolar affective disorder (manic depression), and recurrent depressive disorder, or oligophrenia, epilepsy, etc. <Amended on Jan. 5, 2021>
[This Article Added on Oct. 30, 2015]
| Article 14-3 (Temporary Import or Export of Guns for Guard Duties) |
| (1) | A person who intends to enter Korea while carrying guns for the purpose of guarding a national guest, a public official at ministerial or higher level, or a foreigner equivalent thereto, a diplomat, etc. shall, beforehand, file an application for permission, which states the following matters, for temporary import, temporary export, or temporary possession of guns with the Commissioner General of the National Police Agency: |
| 1. | Names of the persons entering Korea, date of birth, nationality, and passport numbers; |
| 2. | Types, names, and serial numbers, and quantity of guns; and the number of cartridges; |
| 3. | Date and time of arrival or departure; mode of transportation, such as flight number, etc.; point of departure and arrival. |
| (2) | Before the Commissioner General of the National Police Agency grants permission for temporary import, temporary export, or temporary possession of guns for guard duties under Article 14 (3) of the Act, he or she shall first have consultation with the head of the Presidential Security Service. <Amended on Jul. 26, 2017> |
| (3) | Where a person granted permission for temporary import, temporary export, or temporary possession of guns pursuant to paragraph (1) enters or leaves Korea, he or she shall notify the Commissioner General of the National Police Agency of the import or export of the guns. |
[This Article Added on Jan. 6, 2016]
[Previous Article 14-3 moved to Article 14-4 <Jan. 6, 2016>]
| Article 14-4 (Storage of Guns) |
| (1) | A person permitted to possess a gun (limited to a pistol, rifle, machine gun, canon, hunting rifle, or air rifle; hereafter in this Article and in Article 14-5 the same shall apply) pursuant to Article 12 of the Act shall keep the rifle, ammunition, or blank cartridges in a place designated by the permitting agency pursuant to Article 14-2 (1) of the Act. In such cases, the permitting agency shall issue a receipt prescribed by Ministerial Decree of the Interior and Safety to the person permitted to possess a gun. <Amended on Jan. 6, 2016; Jul. 26, 2017> |
| (2) | A gun possessor who keeps his or her gun, ammunition, or blank cartridges in a designated place pursuant to paragraph (1) may retrieve the gun, ammunition, or blank cartridges only where any of the following is applicable: |
| 1. | Where the gun is to be used for a permitted purpose; |
| 2. | Where the gun is to be repaired, sold, or purchased; |
| 3. | Where justifiable grounds acknowledged by the permitting agency exist. |
| (3) | A gun possessor who intends to retrieve a gun, ammunition, or blank cartridges in custody shall file with the permitting agency an application for release from custody prescribed by Ministerial Decree of the Interior and Safety together with the following documents: <Amended on Jul. 26, 2017> |
| 1. | Reasons for retrieval and documents evidencing the reasons; |
| 2. | A receipt under the proviso to paragraph (1); |
| 3. | Written approval for the collection of locational information prescribed by Ministerial Decree of the Interior and Safety. |
[This Article Added on Oct. 30, 2015]
[Moved from Article 14-3; previous Article 14-4 moved to Article 14-5 <Jan. 6, 2016>]
| Article 14-5 (Gun Possessors' Observance Duties with Regard to Collection of Locational Information) |
A possessor of a gun released from custody pursuant to Article 14-2 (2) of the Act shall observe the following matters so that the collection of locational information may be performed smoothly: <Amended on Sep. 17, 2019>
| 1. | To follow one of the following methods of collecting location information designated by a permitting agency; |
| (a) | Method of using GPS in a mobile phone; in such cases, GPS in the mobile phone for which the consent of collecting location information has been obtained shall continue to be operated; |
| (b) | Attaching a location tracking electronic device designated by a permitting agency to a gun; in such cases, the location tracking electronic device shall not be removed or damaged without permission; |
| 2. | To install an application designated by the Commissioner General of the National Police Agency on a mobile phone and to keep it active; |
| 3. | To carry a mobile phone that meets the requirements prescribed in subparagraph 1 (a) (only applicable if the method of collecting location information is as designated in subparagraph 1 (a)) and subparagraph 2 in an operable condition until the gun is re-stored. |
[This Article Added on Oct. 30, 2015]
[Moved from Article 14-4 <Jan. 6, 2016>]
| Article 15 (Persons Who May Use Explosives without Permission for Use) |
A person who may use explosives without permission for use under the proviso of Article 18 (1) of the Act shall be as follows: <Amended on Nov. 10, 1987; Jun. 20, 1996; Apr. 12, 1997; Jan. 20, 2004; Mar. 10, 2006; Jan. 5, 2021>
| 1. | A person who, as a person having reported a mine-exploring plan or obtained an authorization of mining plan under the Mining Industry Act or registered with permission to establish submarine mining rights or submarine mining concessions under the Submarine Mineral Resources Development Act, wishes to use explosives in order to extract minerals; |
| 2. | A person who, as a permittee to possess guns under Article 12 of the Act, wishes to use ball or blank cartridges for the purpose of such possession; |
| 3. | A school, research institute, hospital or other authorized institution, which wishes to use not more than 5 kilograms of powders, not more than 2.5 kilograms of explosives, not more than 100 industrial detonating caps, electric detonating caps, gun caps, signal detonating caps, ball cartridges, blank cartridges, fuses on rockets, or not more than 200-meter powder trains at one time for physical and chemical experiment or medical purpose; |
| 4. | A person legally entitled to possess explosives for the performance of duty; |
| 5. | A person who wishes to use not more than 400 ball or blank cartridges for shooting practice; |
| 6. | A person who wishes to use fireworks equivalent to the quantity falling under any of the following items at the same place per day for signal or enjoyment: |
| (a) | Fewer than 500 rocketing round fireworks under 6 centimeters in diameter; |
| (b) | Not more than 15 rocketing round fireworks with the diameter of at least 6 centimeters to under 10 centimeters; |
| (c) | Not more than 10 rocketing round fireworks with the diameter of at least 10 centimeters to under 20 centimeters; |
| (d) | A rocketing firework using not more than 200 detonating pipes; |
| (e) | Not more than 300 firecrackers, each of which weighs not more than 0.1 gram (excluding any firecracker that is ignited by rubbing the side flint or head flint of match) and others (except smoke firecrackers) packed in cases and sounding fulmination by igniting or not more than 0.1 gram of explosives (limited to those sounding fulmination); |
| (f) | Explosives (limited to those whose quantity is not more than 30 connected to those packed in cases of sounding fulmination by igniting) containing not more than 1 gram of powder per one or not more than 300 fireworks containing not more than 0.1 gram of explosives (limited to those sounding fulmination); |
| (g) | No limit for paper detonating caps for games; |
| 7. | A person who wishes to use fireworks (excluding rocketing fireworks) equivalent to the quantity falling under any of the following items at the same place per day for cinematic or theatrical effect: |
| (a) | Not more than 50 fireworks containing under 15 gram raw powders or explosives; |
| (b) | Not more than 30 fireworks containing at least 15 and less than 30 grams of raw powders or explosives; |
| (c) | Not more than 5 fireworks containing at least 30 and less than 50 grams of raw powders or explosives; |
| (d) | Smoke candles, motion-picture illuminating candles or fire-works containing not more than 0.1 gram of explosives (limited to those sounding fulmination); |
| 8. | A person who wishes to use smoke candles for fire extinction or fire practice, weather observation, airtight test purpose; |
| 9. | A person who wishes to use not more than 100 ball cartridges or not more than 200 fireworks containing not more than 10 grams per day for the purpose of exterminating birds and animals; |
| 10. | A person who wishes to use injection guns for the purpose of exterminating birds and animals; |
| 11. | A person who wishes to use powders equivalent to the quantity falling under any of the following items at the same place per day for construction, public works or industrial application: |
| (a) | Not more than 5000 blank cartridges for staple guns for construction; |
| (b) | Not more than 150 microvibration crushers; |
| (c) | Not more than 100 industrial ball cartridges; |
| (d) | Not more than 500 detonating bottles; |
| (e) | Not more than 50 detonating boring machines; |
| (f) | Not more than 20 stamp mills; |
| (g) | Deleted. <Nov. 10, 1987> |
| 12. | A person who uses starting powders for ships; |
| 13. | A person who wishes to use not more than 300 smoke balls for civil defense drill at the same place per day; |
| 14. | A proprietor of a car sales agency, parts agency, service center, etc. who wishes to display not more than 300 flame signals for car emergency signals used as indicators of car accidents or breakdowns for the purpose of sale and a person who wishes to possess not more than three of such to use for its original intended; |
| 15. | A person who wishes to use signal illuminating projectiles used in ships or aircraft for its original purposes; |
| 16. | A person in the ship or aircraft maintenance business who possesses signal illuminating projectiles used in ships or aircraft for sale in the amount of up to 200. |
[Title Amended on Jan. 5, 2021]
| Article 16 (Handling of Explosives) |
| (1) | Where a person who wishes to use explosives under Article 18 of the Act handles explosives (excluding primary explosives) at a place where he or she uses such explosives, he or she shall take the following precautions: <Amended on Jan. 5, 2021> |
| 1. | Containers handling explosives shall be built of lumber or other insulators and solid construction; |
| 2. | Powders, explosives and blasting agents shall be handled by putting in different containers, respectively; |
| 3. | Before using explosives, inspections shall be made if they are hardened, damp or there is anything wrong with them; |
| 4. | Frozen and hardened dynamites shall be tempered in a melter which uses a hot spring in not more than 50 degrees celsius as an outer tub or indoors where the thermometer remains at not more than 30 degrees celsius and shall not be placed adjacent to stoves, steam engines or other high heat sources; |
| 5. | Hardened dynamites shall be softened by kneading [massaging] them by hand; |
| 6. | Explosives that are left over or unsuitable to be used shall be returned to a powders storage facility; |
| 7. | Where it is desirable to cut a detonating fuse, it shall be cut at full length for safety's sake by using a prescribed tool and in sticking a detonating fuse in an industrial detonating cap, forceps shall be used; |
| 8. | An electric blasting fuse shall be put a conductivity or resistance test, and overall precautionary measures against danger and injury such as using those not exceeding 0.01 ampere through advance measurement of test currents shall be taken; |
| 9. | Where there is a danger of lightning, operations related to electric detonating caps and electric blasting fuses shall not be conducted; |
| 10. | When finishing the work using explosives, powders shall not be left at the place where they are used except under compelling circumstances; |
| 11. | In handling explosives, theft prevention shall always be considered. |
| (2) | In handling primary explosives, they shall be handled in the following manner: |
| 1. | In transferring them into a container, they shall be put into containers made of polyethylene and vinyl so that primary powders and vinyl will not be decomposed and fuel oils may be prevented from leaking, being damp or being adulterated with impurities; |
| 2. | In leaving explosives in the place using them, they shall not touch other explosives; |
| 3. | In and around the place using explosives, corrosive acids, alkalis, combustible oil paper equivalents or other similar substances shall not be placed; |
| 4. | Returned primary powders shall be separated from other ones and, in subsequent use, they shall be used after first checking if there is anything wrong with them. |
| Article 17 (Explosives Dealerships) |
| (1) | A person who has obtained permission for the use of explosives under subparagraph 1 of Article 18 of the Act and a person who, falling under Article 15, uses explosives shall construct a building (hereinafter referred to as "explosives dealership") used exclusively for the control of explosives and blasting explosives preparation (except for works to stick an industrial or electric detonating cap in a cartridge or to handle a stuck cartridge) around the place using them, except in the case of places in which not more than 25 kilograms of powders or explosives, not more than 50 industrial or electric detonating caps as daily use or not more than 250 meter powder trains are used within three days as approved by the chief of a police station that there is no need for constructing explosives dealerships. <Amended on Nov. 10, 1987> |
| (2) | Explosives dealerships under paragraph (1) shall be installed at each place using explosives, and in accordance with the following criteria: |
| 1. | As against passageways, galleries used as passageways, powerlines, other powders dealerships, explosives storage facilities, firearm dealing centers and buildings to which people gain access, they shall be installed at a safe and low dampness place; |
| 2. | They shall be one-story installations built of reinforced concrete, concrete block, or equally or more solid materials that may prevent theft or fire; |
| 3. | Roofs shall be built of slates, tiles or other incombustible materials; |
| 4. | The interior of buildings shall be built of dampproof and waterproof paints or boards, and it shall be ensured that hardware will not appear on the inside surface of the interior; |
| 5. | The exterior of a door shall be coated with iron sheets at least 2 millimeters thick, and double-locked; |
| 6. | In installing heating systems, they shall be operated only by using warm water, steam or heat. |
| (3) | The backlog quantity at a powders dealership shall be not more than a daily estimated quantity and 300 kilograms for powders or explosives (except for primary explosives); 3,000 for industrial or electric detonating caps; and 6 kilometers for powder trains shall not be exceeded. <Amended on Jun. 20, 1996> |
| (4) | Explosives dealerships shall keep books and clearly record the receipts and disbursements and the unused quantity. <Amended on Jan. 5, 2021> |
| Article 18 (Technical Criteria for Blasting of Explosives) |
| (1) | The technical criteria for blasting and burning of explosives (excluding primary explosives) under Article 18 (4) of the Act shall be as follows: <Amended on Jan. 5, 2021> |
| 1. | Where a person wishes to transport explosives into a pit or to a blasting place, he or she shall use a backpack or other similar transporter and gunpowders or explosives, industrial detonating caps and electric detonating caps shall not be transported simultaneously by the same person, unless they are put in separate containers and transported, respectively; |
| 2. | The quantity of explosives to be carried in a blasting place shall not exceed the estimated quantity designed for the blasting; |
| 3. | A person in charge of powders control and security shall appoint work assistants at a blasting field and instruct work relating to the quantity of receipts and disbursements and unused quantity, powders boring methods or charging methods of powders in a cartridge; |
| 4. | Before charging, boreholes or location of a cartridge chamber and conditions of bedrock, etc. shall be checked, and they shall be charged by means of relevant safe charging methods; |
| 5. | Where persons, livestock or buildings liable to be damaged due to things blown off and scattered through the blasting, measures against these shall be taken; |
| 6. | Blasted boreholes shall not be reloaded; |
| 7. | In charging powders or explosives, smoking or handling of firearms in the vicinity shall not be permitted; |
| 8. | Where explosives are left over after the preparatory work for blasting, they shall be returned to the powders storage facility without delay; |
| 9. | Where blasting in boreholes underwater is desired, waterproof measures on explosives shall be taken; |
| 10. | Where it is desirable to blast hot water holes or other high-temperature holes with at least 100 degrees celsius, measures against phase-shifting decomposition of explosives shall be taken; |
| 11. | When the place to be blasted is short-circuited, electric blasting shall not be conducted; |
| 12. | Sand, mud or other incombustible or inflammable joints of brickwork shall be used in boreholes, such safe equipment as tampers against friction, percussion and static electricity, etc. as charging tool, shall be used, and air chargers shall definitely touch the ground; |
| 13. | Where it is desirable to blast, a watchman shall be stationed in a danger zone which is pre-determined, no admittance shall be allowed except for those interested persons and there shall be ignition only after checking, by giving a warning to blast, if there is any danger; |
| 14. | The number of continual ignitions by the same person shall be not more than ten rounds where the length of a fuse-wire is at least 1.5 meters and not more than five rounds for under 1.5 meters and continual ignitions shall not be allowed for shorter than 0.5 meters; |
| 15. | After ignition, it shall be checked if the number of blasted holes corresponds with that explosions; |
| 16. | Blasting shall be conducted under the supervision of a person in charge of powders control and security. In such cases, the same shall also apply to a powders user not required to appoint a person in charge of powders control and security under Article 27 (1) of the Act. |
| (2) | The technical criteria for blasting by primary explosives shall be as follows: <Amended on Jan. 5, 2021> |
| 1. | They shall not be damp or adulterated with impurities during the handling of primary powders or charging work; |
| 2. | Explosives suitable for the priming quantity shall be used together; |
| 3. | Cracked, gaped and hollow boreholes shall not be charged to excess; |
| 4. | Chargers shall be inspected and cleaned and before after their use; |
| 5. | Chargers shall be grounded so that static electricity generated during the charging work can be dissipated; |
| 6. | Iron tubes, tracks or permanent electric ground systems shall not be used for ground connection; |
| 7. | Detonating caps shall be put in the place not affected by static electricity during the charging work; |
| 8. | A person who deals with electric detonating caps or connects electric circuits shall remove objects generating static electricity from his body in advance; |
| 9. | Where chargers are used under conditions such as unusual drought liable to generate static electricity, explosives containing detonating caps shall be charged at the mouths of boreholes; |
| 10. | Explosives containing detonating caps shall not be charged by a charge hose; |
| 11. | Where detonating fuses are blasted, vinyl ones shall be used so that fuel oil may not permeate; |
| 12. | Unused primary explosives after the charging work shall be returned to a powders storage facility without delay; |
| 13. | Primary explosives shall not be blasted in a place with at least 0.5 percent of combustible gas; |
| 14. | Ignite as soon as possible after the charging; |
| 15. | In a blasting place, gas generated after blasting shall be looked after; |
| 16. | Where primary explosives or joints of brickworks are removed from unexploded boreholes, compressed air shall not be used. |
| Article 19 (Technical Criteria for Electric Blasting) |
In conducting electric blasting, in addition to the criteria of Article 18, the following subparagraphs shall be followed:
| 1. | In transporting electric detonating caps, they shall be placed in a container such that the wires are not exposed, and one shall not carry them with dry batteries or other electric appliances with wires exposed or shall not approach electric light wires, power lines or other things liable to cause a short circuit; |
| 2. | Electric blasting machines and dry batteries shall be placed in dampproof place and checked if they may generate electricity before using them; |
| 3. | Blasting bus bars shall be used from insulated wires such as rubber at least 30 meters long, and the wires should be checked as to whether they are cut before using them; |
| 4. | One end of the blasting bus bars shall be detached from the igniter until it is ignited, and the core wire of the other end to be connected with each wire of the electric detonating caps shall be interspaced with each other so as not to make a short circuit; |
| 5. | In laying blasting bus bars, they shall be laid at a distance from electric wires, charged parts or other things most likely to cause static electricity; |
| 6. | In charging powders or explosives by means of air chargers, electric detonating caps shall be placed at the mouths of boreholes; |
| 7. | In blasting a number of electric detonating caps all together, they shall be charged with electricity necessary for electric detonating caps after taking into account all resistances such as voltage, source of electric power blasting bus bars, electric blasting fuses and electric detonating caps; |
| 8. | In using power lines or electric light wires as electric power, no person except workmen shall handle them, and electric wires shall be charged with adequate electricity of at least 1 ampere; |
| 9. | The knobs of electric blasting machines, except when blasting them, shall be fastened with locks for fixed systems and carried by workmen themselves in person for separatory systems; |
| 10. | Electric wires shall be put to conductivity and resistance tests at a safe place at least 30 meters away from the place where powders are charged before they are ignited. |
| Article 20 (Technical Criteria for Large-Scale Blasting) |
Where there is blasting by using at least 300 kilograms of explosives (including where the total amount of explosives in each cartridge chamber is at least 300 kilograms in concurrent or staged blasting), in addition to the criteria under Articles 18 and 19, the following subparagraphs shall be followed: <Amended on Nov. 10, 1987; Jan. 5, 2021>
| 1. | Sings and other postings necessary for the prevention of danger and injury shall be posted within easy sight for the workmen to do work complying therewith; |
| 2. | The plan and work of blasting shall be conducted by a person in charge of first-class powders control and security in person; |
| 3. | Blasting places, their nearby topography, rock formation, texture of rocks and kinds of explosives to be used shall be checked and then designated by determining locations of cartridge chambers, amount of powders, closure of pits, shelters and other necessary matters in advance; |
| 4. | In digging through pits, the minimum quantity of powders necessary for the work shall be allowed to be transported; |
| 5. | In transporting or charging explosives in the pits or in the course of pits closing work, firearms shall not be used; |
| 6. | In transporting explosives in the pits, wrappers for the powders shall not be destroyed or scattered; |
| 7. | Cartridges shall be charged to the cartridge chambers closely and kept dry; |
| 8. | Powder trains and electric wires in the pits shall be wired simply so that they may not cut the wires or create other obstacles in the course of pits closing work; |
| 9. | In closing the pits they shall be fast closed, up to the mouth of the pits so that rubble may not escape; |
| 10. | A thorough investigation shall be made into the bedrock and a projected collapse line and other appropriate places shall be marked before the ignition, and shall be confirmed if the charged explosives have been blasted completely and the blasting collapse situations shall be observed afterwards. |
| Article 21 (Measures against Unexploded Charges) |
| (1) | Where charged powders fail to explode or it is hard to confirm if they have exploded with all the ignition, no entry or access to the place where explosives are charged shall be allowed unless at least 15 minutes (at least 5 minutes after a blasting bus bar is detached from the igniter and it is checked not to ignite again for electric blasting) has elapsed after the ignition. |
| (2) | Unexploded charges shall be treated by the following methods: |
| 1. | They shall be parallel bored and blasted again at intervals of not more than 60 centimeters (not more than 30 centimeters for boreholes by hand) from the unexploded boreholes and unexploded explosives shall be retrieved; |
| 2. | Water shall be infused into unexploded boreholes by rubber hoses enabling joints of brickworks and explosives to flow out by dint of the water, and unexploded explosives shall be retrieved; |
| 3. | Joints of brickworks shall be pulled out by infusing compressed gas into unexploded blasters or they shall be ignited again without affecting detonating caps by charging little by little; |
| 4. | Where unexploded explosives cannot be retrieved according to the methods of subparagraphs 1 through 3 the instructions of the person in charge of explosives control and security shall be followed after marking the places appropriately. |
| Article 22 (Measures after Blasting) |
When the blasting is finished, the workman shall forbid people from entering or approaching the blasting places and their neighborhoods unless the danger of poisonous gas from the blasting is completely cleared and after the non-existence of danger and injury has been ensured, and more than 30 minutes have elapsed in case of the danger in ceiling, side walls and other bedrocks (after checking that not less than 30 minutes have elapsed in case of the blasting for large-scale blasting and it is safe) have been inspected and checked:
| Article 23 (Technical Criteria for Using Fireworks) |
| (1) | Fireworks shall be used based on the following criteria: <Amended on Jan. 22, 2008> |
| 1. | A place where fireworks are to be used shall be kept at a safe distance from roads, buildings, persons or livestock so that they may not be damaged, depending on the kinds and weight of fireworks; |
| 2. | When the velocity of the wind is ten meters per second or higher, fireworks shall not be used; |
| 3. | In and around the place where fireworks are to be used, equipment necessary for their extinction shall be equipped therewith; |
| 4. | No person shall be allowed to engage in work using fireworks under the influence of alcohol; |
| 5. | Fireworks (including powders for launching fireworks) shall be encased a container and topped by a lid, and heat of fire shall not approach the container; |
| 6. | Deleted; <Jan. 22, 2008> |
| 7. | Launching cylinders used for launching shall be fastened tightly facing upwards, taking into account the direction of the wind and shall be cleaned frequently during the use; |
| 8. | Other rocketing fireworks shall not be used within 20 meters of the place when the rocketing fireworks are ready to be used; |
| 9. | Rocketing fireworks shall be scattered at a height of not less than 20 meters; |
| 10. | Fireworks shall be inspected for hardening, dampness or existence of other abnormalities and fireworks deemed to be abnormal shall not be used; |
| 11. | In encasing fireworks into launching cylinders, they shall be encased slowly by using ropes, etc.; |
| 12. | Fireworks shall be ignited after checking the clearance of danger and injury by not letting in anyone to the previously set danger zone except for authorized persons; |
| 13. | During launching, exploding or burning fireworks, powders for launching fireworks shall not be measured in and around the place; |
| 14. | Where powders for launching fireworks do not explode or burn with all the ignition, fireworks shall be pulled out from launching cylinders by laying them down slowly after pouring a large quantity of water into the launching cylinder and waiting ten minutes; |
| 15. | Where unexploded fireworks are left over, appropriate safety measures, such as retrieving and dipping them in water, shall be taken without delay. |
| (2) | Fireworks shall be launched under the supervision of the person in charge of explosives control and security. |
| Article 24 (Technical Criteria for Discarding Explosives) |
| (1) | The technical criteria for discarding explosives under Article 20 (5) of the Act shall be as follows: <Amended on Jan. 20, 2004; Sep. 17, 2019> |
| 1. | Deleted; <Jan. 20, 2004> |
| 2. | The powders shall be disposed of by the methods categorized in each of the following items: |
| (a) | Powder or explosives shall be exploded or burned little by little: |
| (b) | Frozen dynamites shall be treated by burning after completely melting them or treated by exploding in sequence by dividing them into small quantities of not more than 500 grams; |
| (c) | Blasting agents (except for detonating fuses and powder trains) shall be buried in the ground packed in small quantities and shall be treated by exploding with industrial detonating caps or electric caps; |
| (d) | Detonating fuses shall be burned or decomposed by dipping in water; |
| (e) | Powder trains shall be treated by exploding industrial detonating caps or electric detonating caps. |
| (2) | Where explosives are exploded or burnt pursuant to paragraph (1) 2, the following criteria shall apply: <Amended on Oct. 10, 2013> |
| 1. | Earth mounds of at least two meters in height, which prevent danger and injury from occurring, shall be erected around the disposal place even where the entire quantity of the explosives explodes at the same time; |
| 2. | Red flags shall be hoisted somewhere in and around the disposal place, and watchmen shall be placed therein and shall control passage for no access except to those necessary for the work; |
| 3. | Disposal shall begin after the unused quantity of explosives to be exploded or burned is placed at a safe place and the next treatment shall not be launched until the previous one has been finished; |
| 4. | Where explosives are to be burned, choose a less windy day, ignite the explosives toward the upwind direction, and allow no person to approach the burning explosives; |
| 5. | Where they are to be exploded by using electric detonating caps, a conductivity test shall be done in advance at a place secluded from the exploding place; |
| 6. | Articles 16 (1) 1 through 5, 7 and 8, and 18 (1) 11 and subparagraphs 1 through 9 of Article 19 shall apply |
| Article 25 (Quantity of Explosives that Can Be Acquired without Permission) |
| (1) | The quantity of explosives that can be acquired without permission under Article 21 (1) 4 of the Act shall be as follows: <Amended on Jun. 20, 1996> |
| 1. | Deleted; <Mar. 31, 2001> |
| 2. | Not more than 100 rounds per day for hunting ball or blank cartridges, and not more than 200 rounds per day for firing ball cartridges; |
| 3. | Deleted. <Mar. 31, 2001> |
| (2) | The quantity of gunpowders and explosives a person who mines minerals can take over without permission under Article 21 (1) 5 of the Act shall be not more than 1,125g, respectively. |
[Title Amended on Oct. 10, 2013]
| Article 26 (Provision of Education) |
| (1) | Pursuant to the proviso to Article 22 (1) of the Act, the following persons shall be exempt from education or undergo education after obtaining permission: <Amended on Mar. 31, 1990; Jun. 20, 1996; Mar. 31, 2001; Jun. 29, 2006; Jan. 22, 2008; Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jan. 6, 2016; Jul. 26, 2017> |
| 1. | Persons who are to be exempt from education: |
| (a) | Manufacturers, dealers, or renters of guns and crossbows; |
| (b) | Persons who have work experience of at least six months in handling guns, crossbows, or explosives in a store of guns, crossbows, or explosives; |
| (c) | Persons who have registered as an athlete with a shooting federation affiliated with the Korean Sport and Olympic Committee; |
| (d) | Persons who have experience of at least six months in handling firearms in educational institutions or departments in exclusive charge of firearms at the National Police Agency, military ordnance schools, military marksmanship instruction units, the Korean Sport and Olympic Committee or sports associations affiliated with the Korean Sport and Olympic Committee; |
| (e) | Persons who have obtained permission to possess target rifles; |
| (f) | Persons who have passed a test for exemption from education prescribed by Ministerial Decree of the Interior and Safety; |
| 2. | Persons who are subject to |
| (a) | Persons who are to participate in a shooting or hunting contest as a staff member after an application for permission to possess guns or crossbows is filed; |
| (b) | Persons who contract a disease or face any other extenuating circumstances after an application for permission to possess guns or crossbows is filed. |
| (2) | Unless any extraordinary circumstance exists, a person who is subject to |
| (3) | The commissioner of a City/ |
| 1. | Manufacturers and dealers of guns, explosives, gas sprayers, electroshock weapons, and crossbows; |
| 1-2. | Renters of guns, gas sprayers, electroshock weapons, and crossbows; |
| 2. | Installers of shooting ranges under the Act on Safety Management of Shooting and Shooting Ranges, and persons who obtain permission to possess a gun (limited to hunting rifles and air rifles), gas sprayer, electroshock weapon, or crossbow; |
| 3. | Persons in charge of security in manufacturing explosives and persons in charge of security in managing explosives; |
| 4. | Installers of explosives storage facilities. |
| (4) | Deleted. <Jan. 22, 2008> |
| Article 26-2 (Implementation of Safety Education) |
| (1) | Where a person permitted to possess a gun (limited to a hunting rifle or air rifle; hereafter in this Article the same shall apply) or crossbow pursuant to Article 22 (4) of the Act intends to go hunting, he or she shall receive safety education including the following matters, which is provided by the commissioner of a City/ |
| 1. | How to manipulate a gun or crossbow, and rules for safety management; |
| 2. | What to do if a gun or crossbow is stolen or lost, and if a safety accident occurs; |
| 3. | Matters requiring attention when hunting animals pursuant to relevant statutes and regulations, such as the Act, the Wildlife Protection and Management Act, etc. |
| (2) | The safety education under paragraph (1) shall be effective for one year from the date a person receives safety education. |
[This Article Added on Sep. 11, 2015]
CHAPTER IV CONTROL OF GUNS, SWORDS, EXPLOSIVES, GAS SPRAYERS, ELECTROSHOCK WEAPONS, AND CROSSBOWS
| Article 27 (Quantity of Explosives to be Stored in Places Except for Explosives Repositories) |
The quantity of powders to be stored in the places except for an explosives storage facility under the proviso of Article 24 (1) of the Act shall be enlisted in Appendix 6: Provided , That Appendix 6 shall not apply where they are temporarily held in custody for export or import and approved by the chief of the competent police station.
| Article 28 (Types of Explosives Storage Facilities) |
| (1) | The classification by type of explosives storage facilities under Article 25 (1) of the Act shall be as follows; and storage facilities referred to in subparagraphs 1, 2, and 4 through 8 shall obtain permission from the commissioner of a City/ |
| 1. | A first-class storage facility; |
| 2. | A second-class storage facility; |
| 3. | A third-class storage facility; |
| 4. | An underwater storage facility; |
| 5. | A ball cartridge storage facility; |
| 6. | A fireworks storage facility; |
| 7. | A toy fireworks storage facility; |
| 8. | A detonating fuse storage facility; |
| 9. | A temporary storage facility. |
| (2) | A second-class storage facility may be installed only to do temporary public works or when a person performing construction works scheduled to last for a certain period of time wishes to store explosives for using in the work. |
| (3) | The explosives to be stored at an explosives storage facility shall be governed by Appendix 7 according to the classification by type specified in paragraph (1). |
| Article 29 (Location, Structures and Equipment of Explosives Storage Facilities) |
The locations, structure and equipment of explosives storage facilities under the provision of Article 25 (2) of the Act shall be prescribed by the provisions of Articles 30 through 44.
| Article 30 (Safety Distance between Explosives Storage Facilities and Security Goods) |
| (1) | Explosives storage facilities shall keep a safety distance from their outer walls to the security goods pursuant to Appendix 8, depending on the quantity of stock. |
| (2) | Where powders are stored exceeding the quantity of stock listed in Appendix 12 under Article 45 (1), the safety distance calculated by the following formula shall be kept: |
Safety distance＝[{safety distance corresponding to denominator's amount of stock}×{cube root of quantity to be stored}]/cube root of quantity of storage listed in Appendix 12
| (3) | Where earth mounds shall be heaped up at least 4/5 of the height of the roof between storage facilities for first-class ones, second-class ones, fireworks ones and second-class security goods, third-class security goods or fourth-class security goods under Article 42, the safety distance, notwithstanding paragraph (1), may follow the safety distance listed in Appendix 9. |
| (4) | Where fire walls are installed between storage facilities for toy fireworks storage facilities and security goods, the safety distance, notwithstanding paragraph (1), may be at least five meters. |
| (5) | Where security goods are an accessory facility for the business of a person who obtains permission to install an explosives storage facility, the safety distance to the safety goods, notwithstanding paragraph (1), may be separately determined by Ministerial Decree of the Interior and Safety. <Amended on Jun. 30, 1999; Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 31 (Locations, Structures, and Equipment of First-Class Ground Storage Facilities) |
The criteria for locations, structures, and equipment of a first-class storage facility to be installed shall be as follows: <Amended on Nov. 10, 1987; Jan. 5, 2021>
| 1. | A storage facility shall be installed on dry ground, with solid foundation above the ground for good drainage; |
| 2. | Buildings shall be one-story building built of reinforced concrete or brick concrete block or stone; |
| 3. | Walls of the storage facility shall be not less than 15 centimeters thick for sections of reinforced concrete or stone or not less than 20 centimeters thick for sections of brick concrete block or stone; |
| 4. | Gates shall be double-doored with the storm door reinforced with iron plates not less than 3 millimeters thick, and shall be installed with not less than two locks; |
| 5. | Windows shall be installed at a height of not less than 1.7 meters from the foundation of the storage facility for the good passage of sunlight depending on their sizes, at intervals of not more than 10 centimeter iron bars and not less than 1 centimeter in diameter shall be installed, and a sliding door system using opaque glass for the inside and for the inside a shutter not to be easily opened from the outside shall be installed; |
| 6. | Floors shall be at a height of not less than 30 centimeters from the foundation, and where the bottom is paved with concrete instead of floors, shock-absorbing materials which can prevent shock that can be caused by friction shall cover it, and under the floor or by the concrete bottom, not less than 3 wired ventilators (interlaced with iron bars not less than 1 centimeters in diameter at intervals of about 5 centimeters for the storage facility not less than 20 centimeters in width) depending on the size of storage facilities shall be installed; |
| 7. | The interior of the storage facility shall be lined with boards and hardware shall not appear on the floor surface or concrete floor; |
| 8. | In the appropriate place on the ceiling of the storage facility not less than one ventilator shall be installed for the outside air to be well ventilated; |
| 9. | Where heating apparatuses are installed, they shall be heated by using hot water or heat; |
| 10. | Lighting fixtures shall not be installed in the storage facility; |
| 11. | The roofs shall be built of fireproof materials such as metal, slates or tiles and shall have structures that can prevent theft and fire; |
| 12. | Lightning devices shall be installed in the storage facility; |
| 13. | Earth mounds shall be heaped up around the storage facility; |
| 14. | An open space of not less than two meters shall be left from the outside of earth mounds of the storage facility so that it may prevent burning in cases of fire and a boundary fence shall be erected; |
| 15. | A water tank and boundary board shall be installed within the boundary fence; |
| 16. | Electric lights shall be on turned, except for exceptional circumstances, at night outside the storage facility and theftproof emergency alarms, etc. shall be installed. |
| Article 32 (Locations, Structures, and Equipment of Ground Molding First-Class Storage Facilities) |
The criteria for locations, structures, and equipment of a first-class storage facility to be installed above the ground by means of molding up the mantle of the storage facility with earth (hereinafter referred to as "molding") instead of heaping earth mounds shall be as follows: <Amended on Nov. 10, 1987; Jan. 22, 2008; Jan. 5, 2021>
| 1. | A storage facility shall be double-walled and dampproof with the outer wall built of reinforced concrete not less than 20 centimeters thick and the interval between the inner wall and the outer wall shall be not more than 20 centimeters; |
| 2. | Drainage shall be equipped so that the interspace between the inner wall and the outer wall may not become damp; |
| 3. | Floors shall be at a height of not less than 30 centimeters from the foundation, and where the bottom is paved with reinforced concrete instead of floors, shock-absorbing materials which can prevent shock that can be caused by friction shall cover it, and under the floor or by the concrete bottom and on the ceiling, one or more ventilators for each storage facility (in cases where the width is 20 centimeters or wider, iron rods the diameter of which is no less than 1 centimeter shall be inserted at an interval of about 5 centimeters) shall be installed; |
| 4. | A storage facility shall be molded up (except for entrance sections) with the slant of not more than 45 degrees and molding shall be not less than three meters thick; |
| 5. | A storage facility shall be molded up with earth not mixed with stones and turfed with grass as deemed necessary; |
| 6. | Subparagraphs 4, 7, 9, 12, 14, and 16 of Article 31 and subparagraphs 6 and 7 of Article 33 shall apply |
| Article 33 (Locations, Structures, and Equipment of Underground First-Class Storage Facilities) |
The criteria for locations, structures, and equipment of a first-class storage facility to be installed underground shall be as follows: <Amended on Jan. 5, 2021>
| 1. | A storage facility shall be installed in the places whose groundwork is firm and explosion may not inflict danger and injury on nearby pit facilities and employees, etc.; |
| 2. | A storage facility shall be built of reinforced concrete, which is solid and dampproof: |
| 3. | Where double walls with boards under the proviso of subparagraph 2 are installed, drainage shall be equipped so that the space between the inner wall and the outer wall may not become damp; |
| 4. | Gates shall be installed with double-door, iron storm door, and not less than two locks; |
| 5. | The thickness of groundwork of the storage facility shall be subject to the criteria listed in Appendix 10; |
| 6. | At the entrance of the storage facility or within five meters from tunnels to the storage facility, earth mounds shall be heaped up to be unaffected from direct shock waves during explosion; |
| 7. | Where lighting fixtures are installed in the storage facility, they shall be installed with explosion-preventive lights and wired with iron plates or other cable wiring for wires not to appear, and automatic cutoffs or switches shall be installed outside the storage facility; |
| 8. | Subparagraphs 7 and 16 of Article 31 shall apply |
| Article 34 (Locations, Structures, and Equipment of Second-Class Storage Facilities) |
| (1) | The criteria for locations, structures, and equipment of a second-class storage facility to be installed on the ground shall be as follows: <Amended on Jun. 20, 1996; Jan. 22, 2008; Jan. 5, 2021> |
| 1. | A storage facility shall be installed on dry ground and to be drained well; |
| 2. | Buildings shall be one-story buildings built of brick or more solid materials; |
| 3. | Gates shall be installed with double-door, the storm door reinforced with iron plates not less than 2 millimeters thick, and not less than two locks; |
| 4. | Two or more windows shall be installed at a height of not less than 1.7 meters from the foundation of the storage facility for the passage of sunlight, depending on the size of a storage facility, iron bars not less than 1 centimeter in diameter shall be installed at intervals of not less than 10 centimeters, and a shutter not to be easily opened from the outside shall be installed; |
| 5. | The interior of the storage facility shall be installed with such materials as boards which can prevent static electricity and shock, and hardware shall not appear on the floor surface or concrete bottom; |
| 6. | Where heating apparatuses are installed, it shall be heated by using hot water; |
| 7. | Where a light fixture is installed in the storage facility, they shall be installed with explosion-preventive lights and wired with iron plates or other cable wiring without letting wires appear, and automatic cutoffs or switches shall be installed outside the storage facility; |
| 8. | The inside roof of the storage facility shall be built of light materials such as timber that can be lightly blown off in explosion, and the outside roof of the storage facility shall be built of noncombustible materials, such as metal, slates, and tiles, with the wired ceiling; |
| 9. | A lightning device shall be installed in the storage facility; |
| 10. | Earth mounds shall be heaped up around the storage facility; |
| 11. | An open space of not less than two meters shall be left from the outside of earth mounds of the storage facility so that it may prevent burning in cases of fire; |
| 12. | There shall be a boundary fence outside the open space and a water tank and a boundary board shall be installed therein; |
| 13. | There shall be electric lights turned on, except in exceptional circumstances, at night outside the storage facility and theftproof emergency alarms, etc. shall be installed. |
| (2) | The criteria for locations, structures, and equipment of a second-class storage facility to be installed underground shall be as follows: |
| 1. | The storage facility shall be built of theftproof structure; |
| 2. | Inside walls shall be built of reinforced concrete: |
| 3. | Where the storage facility is installed by digging grooves on the hillside incline or the inner wall of the tunnels, its inner walls shall be built of concrete or wooden double boards; |
| 4. | Subparagraphs 7 and 16 of Articles 31, subparagraph 7 of Article 33 and Appendix 8 shall apply |
| Article 35 (Locations, Structures, and Equipment of Third-Class Storage Facilities) |
| (1) | The criteria for locations, structures, and equipment of a third-class storage facility to be installed above ground shall be as follows: <Amended on Nov. 10, 1987> |
| 1. | Walls of a storage facility (except front walls) shall be built of reinforced concrete at least 20 centimeters thick or reinforced cement block at least 30 centimeters thick and front walls shall be built of concrete at least 10 centimeters thick; |
| 2. | Roofs shall be built of building materials such as reticulate cement mortar that can be lightly blown off in explosion; |
| 3. | The foundation of partition walls for storing gunpowders or explosives and blasting agents shall be built on the foundation of the storage facility by applying concrete at least 10 centimeters thick, and partition walls shall be built of reinforced concrete at least 30 centimeters thick or reinforced concrete block at least 40 centimeters thick; |
| 4. | A doorway shall be installed in the direction likely to be out of danger for the safety of nearby security goods and fire control facilities such as foam extinguishers shall be installed outside the storage facility; |
| 5. | Earth mounds or temporary earth mounds shall be installed around the storage facility; |
| 6. | Subparagraphs 4 through 10 of Article 31 shall apply |
| (2) | The criteria for locations, structures, and equipment of a third-class storage facility to be installed underground shall be as follows: |
| 1. | A storage facility shall be installed in places where the upper groundwork of underground storage facilities is at least 60 centimeters thick; |
| 2. | Storage facilities shall not be installed under houses or other structures; |
| 3. | Subparagraphs 7 and 16 of Article 31, subparagraphs 1 through 4 and 6 of Article 33, and paragraph (1) 3 shall apply |
| Article 36 (Locations, Structures, and Equipment of Underwater Storage Facilities) |
The criteria for locations, structures, and, equipment of an underwater storage facility shall be as follows: <Amended on Oct. 10, 2013>
| 1. | The foundation or walls of a storage facility shall be built of reinforced concrete at least 15 centimeters thick, and waterproofed to prevent water from permeating; |
| 2. | Roofs shall be built of fireproof materials such as reticulate cement mortar, and shall be built of a theftproof structure; |
| 3. | Water gauges and automatic absorbing devices shall be installed; |
| 4. | Drain ditches through which water can overflow and drain off shall be installed, and they shall be installed with settling tanks so that chemical agents may not run down. |
| Article 37 (Locations, structures, and Equipment of Ball Cartridge Storage Facilities) |
The criteria for locations, structures, and equipment of a ball cartridge storage facility shall be as follows: <Amended on Jun. 20, 1996>
| 1. | Walls of the storage facility shall be at least 20 centimeters thick for reinforced concrete, and at least 30 centimeters thick for brick concrete block or stone; |
| 2. | Roofs shall be built of reinforced concrete at least 20 centimeters thick; |
| 3. | Subparagraphs 1, 2, 4 through 10, 12, 14, and 16 of Article 31 shall apply |
[Title Amended on Jun. 20, 1996]
| Article 38 (Locations, Structures, and Equipment of Fireworks Storage Facilities) |
The criteria for locations, structures, and equipment of a fireworks storage facility shall be as follows:
| 1. | Storage facilities shall be one-story reinforced block, with solid foundation above the ground and have good drainage; |
| 2. | Walls of the storage facility shall be at least 10 centimeters thick for reinforced concrete, and at least 20 centimeters for reinforced concrete block; |
| 3. | Under the floor, not fewer than two ventilators equivalent to a first-class storage facility depending on the size of a storage facility shall be installed; |
| 4. | Earth mounds, temporary earth mounds and explosion-preventive walls shall be installed around the storage facility; |
| 5. | Subparagraphs 1, 4, 7, 8, 11, and 12 of Article 31 shall apply |
| Article 39 (Locations, Structures, and Equipment of Toy Fireworks Storage Facilities and Detonation Fuses Storage Facilities) |
The criteria for locations, structures, and equipment of a toy fireworks storage facility and detonating a fuse storage facility shall be as follows:
| 1. | A storage facility shall be installed on dry ground; |
| 2. | Storage facilities shall, except in exceptional circumstances, be one-story structures, and roofs and walls shall be coated with reticulate cement mortar, limewash or fireproof paints; |
| 3. | Gates shall be installed with theftproof installations such as double locks. |
| Article 40 (Locations, Structures, and Equipment of Temporary Storage Facilities) |
The criteria for locations, structures, and equipment of a temporary storage facility shall be as follows:
| 1. | Walls and ceilings (including the floor for buildings which are two-stories or higher) shall be built of reinforced concrete at least 10 centimeters thick or reinforced concrete block at least 20 centimeters thick; |
| 2. | Roofs shall be built of reinforced concrete at least 10 centimeters thick; |
| 3. | Gates shall be built of metal using iron plates at least 1 millimeter thick; |
| 4. | Automatic fire fighting systems shall be installed. |
| Article 41 (Lightning Devices) |
Matters necessary for locations, forms, structures and materials, etc. of lightning devices installed in an explosive storage facility shall be determined by Ministerial Decree of the Interior and Safety. <Amended on Jun. 30, 1999; Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
| Article 42 (Earth Mounds) |
Where earth mounds are heaped up in the explosives storage facilities, they shall be subject to each of the following criteria: <Amended on Jun. 20, 1996>
| 1. | Earth mounds shall be heaped up at a distance of not less than 1 meter and not more than 2 meters from the outer wall of the storage facility to the lower part of the inner wall of the earth mound: |
| 2. | Where the doorway is installed by tearing down earth mounds, it shall be structured that all straight lines stretching outside from the main building of the storage facility in a plane figure can necessarily intersect top lines of earth mounds; |
| 3. | Earth mounds shall be slanted by not more than 45 degrees, the height of earth mounds shall be higher than the roof of the storage facility (1.5 meters for the roof not more than 1.5 meters high), and the width of the top shall be not less than 1 meter; |
| 4. | Where earth mounds are inevitably substituted by earth fences, they shall be not more than one-third the height of earth mounds, and earth fences of the inside shall be those that can be lightly blown off, except where earth mounds are heaped up in the fireworks storage facility; |
| 5. | Where not fewer than two storage facility adjoin and share the middle earth mounds, passageways shall not be installed in earth mounds; |
| 6. | Surfaces of earth mounds shall be turfed with grass wherever possible. |
| Article 43 (Temporary Earth Mounds) |
| (1) | Where temporary earth mounds are installed, they shall be subject to the following criteria: |
| 1. | Temporary earth mounds shall be slanted by not more than 75 degrees, the height of them shall be higher than the roof (1.5 meters for the roof not more than 1.5 meters) for a third-class storage facility and higher than the eaves (1.5 meters for the eaves not more than 1.5 meters) for a fireworks storage facility, and the width of the top shall be not less than 60 centimeters; |
| 2. | The top shall be boarded up or turfed-bound to prevent rain from permeating. |
| (2) | The provisions of Article 42 (except for subparagraph 3) shall apply |
| Article 44 (Explosion-Preventive Walls) |
Matters necessary for locations, structures and materials of explosion preventive walls installed around the fireworks storage facility shall be prescribed by Ministerial Decree of the Interior and Safety. <Amended on Jun. 30, 1999; Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
| Article 45 (Quantity of Storage) |
| (1) | The quantity of storage of explosives to be stored at the storage facility under the provisions of Article 24 (1) of the Act shall be as listed in Appendix 12: |
| (2) | The quantity of storage where not fewer than two kinds of explosives in first-class, second-class, third-class and temporary storage facilities are stored at the same place shall be the quantity such that the total of the respective quantity of powders divided by the maximum quantity of storage of explosives concerned pursuant to Appendix 12 does not exceed 1. |
| Article 46 (Methods of Storing and Handling Explosives in Explosives Storage Facilities) |
| (1) | Where explosives (excluding detonating fuses and electric detonator fuses) are stored (excluding storage in an underwater storage facility) in an explosives storage facility under Article 24 (1) of the Act, methods of storing and handling explosives shall be as follows: |
| 1. | People not deemed necessary shall be forbidden to enter the boundary fence of the storage facility; |
| 2. | Things liable to explode, ignite or burn shall not be placed in the boundary fence of the storage facility; |
| 3. | Things except explosives being stored shall not be placed in the storage facility; |
| 4. | Safe shoes, such as slippers available only in the storage facility, shall be worn in the storage facility; |
| 5. | When entering the storage facility, no hardware or tools made of hardware or portable dry cells or lights other than electric lamps shall be carried therewith; |
| 6. | No work such as wrapping goods or uncovering lids from wooden boxes shall be conducted in the storage facility; |
| 7. | The interior of the storage facility shall be ventilated with care, the seasonal effects and temperature changes between summer and winter shall be minimized, and a thermometer shall be installed when smokeless powders or dynamites are stored; |
| 8. | Boxes containing explosives shall be stacked in parallel with the crossties made of rectangular lumber at least 9 centimeters high or with anti-static plastic pallets on which the boxes are laid; and the boxes shall be at least 30 centimeters apart from the inner wall of the explosives storage facility (excluding a class 3 explosives storage facility under Article 28 (1) 3), and the height of the stacked boxes shall not exceed 1.8 meters; |
| 9. | Where explosives are released, powders stored longer shall be released first; |
| 10. | Where explosives which have elapsed at least a year from the date of production remain, especially good care shall be taken in case there is anything wrong with them; |
| 11. | If nitroglycerine oozes through the dynamite cartridges and pollutes the board of a box or a floor, it shall be decomposed with liquids mixed with 150 grams of sodium hydroxide, 150 milliliters of water, and 1 liter of alcohol and rubbed with dry dusters; |
| 12. | Where nitroglycerine oozes through or moisture absorption flows out of the board of a box, safe measures such as using the explosives or discarding them shall be taken right away on inspection of the explosives; |
| 13. | Industrial or electric detonating caps using priming powders mainly compounded of azide lead and industrial or electric detonating caps in which tube body copper is used shall not be piled together. |
| (2) | Storing and handling methods when explosives are stored in an underwater storage facility shall be as follows: |
| 1. | Powdered explosives shall be allowed to contain 15 percent moisture, then packed watertight and encased in wooden boxes, while lump powders shall be stored uninterruptedly submerged; |
| 2. | Powders shall be stored underwater at the depth of at least 50 centimeters; |
| 3. | The amount of water shall not be decreased. |
| (3) | Paragraphs (1) 1 through 3, 5, 6, 9 and 10 shall apply |
| Article 47 (Storing and Handling Methods in Places other than Explosives Repositories) |
| (1) | Where powders are stored in places other than explosives storage facilities under the proviso of Article 24 (1) of the Act, measures which can prevent fire and theft, such as encasing powders in containers, locking and placing guards, shall be adopted. |
| (2) | The provisions of Article 46 (1) 1, 2, 5, 6 and 10 through 13 shall apply |
| Article 48 (Quantity to be Transported without Reporting) |
The kinds and quantities of explosives to be transported without reporting transportation under the proviso of Article 26 (1) of the Act shall be as Appendix 13.
| Article 49 (Loading Methods) |
| (1) | The technical criteria for loading methods of explosives under the provision of Article 26 (4) of the Act shall be as follow: <Amended on Jun. 20, 1996> |
| 1. | They shall not be rubbed, shaken or rolled down in transit; |
| 2. | Explosives shall be covered with waterproof or fireproof coverings; |
| 3. | Explosives (except for primary explosives, ball cartridges, blank cartridges and shells) shall be not loaded exceeding the weight (including the armoring) equivalent to 80 percent of vehicle's carrying capacity to be loaded; |
| 4. | Explosives shall not be loaded into the same vehicle with such things hereunder: |
| (a) | ignitable or inflammable objects; |
| (b) | matters liable to rub or shock explosives due to incomplete armoring; |
| (c) | steel manufactures, machines, ores or other things corresponding to thereto; |
| (d) | poisonous substances, lethal substances, radioactive substances or other harmful substances. |
| (2) | The provisions of paragraph (1) 3 shall apply |
| (3) | Different kinds of explosives shall not be loaded in the same vehicle: |
| Article 50 (Transporting Methods) |
| (1) | The technical criteria for transporting methods of explosives under Article 26 (4) of the Act shall be as follows: |
| 1. | Powders shall be transported by motor vehicle (except for two-wheeler vehicles and taxies; hereinafter the same shall apply), and where they are transported not less than 200 kilometers in distance, the freight forwarder shall have not less than one reserve driver to make a shift possible; |
| 2. | A guard shall be aboard the transporter: |
| 3. | Vehicles shall be parked on a place of safety; |
| 4. | Where vehicles are parked at night or is indiscernible circumstances, red lamps shall be lighted at points 15 meters in the front and rear of the vehicle; |
| 5. | Vehicles loaded with explosives shall be kept at a distance of not less than 100 meters from each other in advancing forward (except for passing ahead) and at a distance of not less than 50 meters in parking; |
| 6. | In and around explosives, smoking or handling of firearms shall not be allowed; |
| 7. | In handling explosives, hooks, etc. shall not be used; |
| 8. | In loading or unloading explosives to and from a vehicle, brake mechanisms including the stopping of motor shall be completely applied; |
| 9. | In loading explosives, the place shall be cleaned immediately before and after loading; |
| 10. | In handling explosives, iron shoes shall not be worn; |
| 11. | Explosives shall not be loaded at night except in exceptional circumstances; |
| 12. | Mercury fulminate or priming powders mainly composed of mercury fulminate shall be transported saturated with 25 percent water or alcohol; |
| 13. | Lead trinitroresorcinate, tetracene, diazodinitrophenol or priming powders mainly composed of these shall be transported saturated with 20 percent water or alcohol; |
| 14. | Nitrocellulose shall be transported saturated with about 23 percent water or alcohol; |
| 15. | Pentaerythrite and tetranitrate shall be transported saturated with 15 percent water or alcohol; |
| 16. | Powders deemed necessary to be muddy to prevent other dangers in transit shall be transported saturated with water to secure safety depending on the nature of the powders. |
| (2) | The passageways of transporting explosives shall be subject to the following criteria, except where transportation via passageways meeting the criteria makes a long detour or there are other compelling circumstances in which the passageways meeting these criteria cannot be used: |
| 1. | Where they are transported by vehicle, they shall not travel road narrower in breadth than that added by 3.5 meters to the vehicle's breadth; |
| 2. | The places where firearms are handled and ignitable or inflammable substances are piled shall not be approached; |
| 3. | Business quarters or other places where people frequent or many people gather shall not be passed by; |
| 4. | Deleted. <Jan. 20, 2004> |
| Article 51 (Transportation Sign) |
| (1) | Vehicles transporting explosives shall have the following signs to represent that explosives are in transit: <Amended on Jun. 20, 1996> |
| 1. | At daytime, signs with "fire" written in white on a red background less than 35 centimeters both in width and in length shall be placed front, rear, and both sides within easy view of the vehicle: |
| 2. | At night, signs pursuant to the provision of subparagraph 1 shall be put up; and there shall be reflectors and luminous red lamps discernible clearly at a distance of not less than 150 meters which shall be installed front and rear within easy view of the vehicle. |
| (2) | Where explosives falling under Appendix 13 are transported, only red lamps shall be installed in the front and rear of the vehicle. <Amended on Jun. 20, 1996> |
| (3) | Where explosives falling under any of the following subparagraphs are transported, signs under the provisions of paragraph (1) or (2) need not be put up: <Amended on Jun. 20, 1996> |
| 1. | Not more than 10 kilograms of powders; |
| 2. | Not more than 5 kilograms of explosives; |
| 3. | Not more than 100 industrial or electric detonating caps; |
| 4. | Not more than 10,000 detonating caps for guns; |
| 5. | Not more than 1,000 ball cartridges, blank cartridges or microvibration crushers; |
| 6. | Not more than 100 powder trains. |
| Article 52 (Matters to Note for Persons in Charge of Transportation) |
| (1) | A freight forwarder shall designate a person who is licensed to take charge of the powders manufacturing and security or to take charge of the explosives control and security under Article 28 (1) of the Act as the person in charge of transportation when the former transports explosives and notify the latter of the matters requiring special attention in loading, transporting or other handling, depending on the kinds of explosives in advance. <Amended on Jan. 20, 2004> |
| (2) | The person in charge of transportation shall inspect and check the vehicle and loading situations in advance. |
| (3) | The person in charge of transportation shall have a person skillful at driving drive a vehicle transporting explosives. |
| Article 53 (Explosives User Subject to Choose Persons in Charge of Explosives Control and Security) |
An explosives user who is subject to appoint a person in charge of explosives control and security under Article 27 (1) of the Act shall be a person who uses not less than 50 kilograms of gunpowders or explosives per month or uses them for not less than six months on end. <Amended on Jun. 20, 1996>
| Article 54 (Appointing Criteria for Person in Charge of Explosives Manufacturing and Security) |
| (1) | The appointing criteria of persons in charge of explosives manufacturing and security under the provisions of Article 27 (4) of the Act shall be as listed in Appendix 15. |
| (2) | One person in charge of explosives manufacturing and security shall be appointed per each factory (any powders factory which makes not fewer than two kinds of gunpowders, explosives, priming powders, blasting agents and fireworks, one person per each type of powders) and another person shall be appointed per every 50 employees where the number of employees exceeds 50. In this case, the qualifications for the additionally appointed person in charge of powders manufacturing and security may be the subordinate license holder of the person appointed pursuant to Appendix 15. |
| Article 55 (Appointing Criteria for Persons in Charge of Explosives Control and Security) |
| (1) | The criteria for persons in charge of explosives control and security under the provisions of Article 27 (4) of the Act shall be as in Appendix 16. |
| (2) | One person in charge of explosives control and security shall be appointed for four explosives storage facilities and another one shall be appointed every additional four explosives storage facilities where the storage facilities exceed four. In this case, the qualification for the additionally appointed person in charge of explosives control and security may be the subordinate license holder of the person appointed pursuant to Appendix 16. |
| Article 56 (Categories and Qualifications of License for Person in Charge of Explosives Manufacturing, Control and Security) |
| (1) | The categories of license for persons in charge of explosives manufacturing and security under the provisions of Article 28 (3) of the Act shall be classified as first-class, second-class and third-class, and the qualifications eligible for the license shall be as follows: <Amended on Jun. 30, 1999; Mar. 10, 2006> |
| 1. | A person who has acquired a first-class powders manufacturing engineer qualification under the National Technical Qualifications Act for the license for a person in charge of first-class explosives manufacturing and security; |
| 2. | A person who has acquired a explosives manufacturing industry engineer qualification under the National Technical Qualifications Act for the license for a person in charge of second-class explosives manufacturing and security; |
| 3. | A person who has acquired the second-class explosives manufacturing technician qualification under the National Technical Qualifications Act for the license for a person in charge of third-class explosives manufacturing and security. |
| (2) | The categories of license for persons in charge of explosives control and security shall be classified as first-class, second-class and third-class, and the qualifications eligible for the license shall be as follows: <Amended on Jun. 20, 1996; Jun. 30, 1999; Mar. 10, 2006> |
| 1. | A person who has acquired an explosives control technical engineer or first-class powders control engineer qualification under the National Technical Qualifications Act for a license for a person in charge of a first-class powders control and security; |
| 2. | A person who has acquired an explosives control industry engineer qualification under the National Technical Qualifications Act for a license for a person in charge of a second-class explosives control and security; |
| 3. | A person who has acquired a third-class explosives handling engineer qualification under the National Technical Qualifications Act for a license for a person in charge of a third-class powders control and security. |
| Article 57 (Supervision by Persons in Charge of Explosives Manufacturing and Security) |
A person in charge of explosives manufacturing and security shall carry out the supervisory function of the following subparagraphs on powders-making under the provisions of Article 31 (1) of the Act:
| 1. | To ensure that the location, structure, equipment of manufacturing facilities or the kinds and manufacturing methods, and so on of explosives manufactured shall not be changed without permission under the provisions of Article 4 (1) of the Act; |
| 2. | To ensure that the manufacturing facilities and methods shall meet the standards under Articles 8 and 9 and they shall be maintained properly; |
| 3. | To ensure that the preparation of regulations for the prevention of danger and injury and the observing situations shall be guided and supervised under the provision of Article 38 of the Act; |
| 4. | To ensure that the safety education shall be planned and its practicing situations shall be guided and supervised under the provisions of Article 39 of the Act; |
| 5. | To ensure that the regular safety checkup shall be planned and its practicing situations shall be guided and supervised under the provisions of Article 40 of the Act; |
| 6. | To check and supervise entries in books and reported contents; |
| 7. | To guide and supervise so that the provisions of Articles 24, 33, 36 and 37 of the Act shall be followed. |
| Article 58 (Supervision by Person in Charge of Explosives Control and Security) |
| (1) | A person in charge of explosives control and security shall carry out the supervisory business of the following subparagraphs on explosives control under Article 31 (1) of the Act: <Amended on Jun. 20, 1996> |
| 1. | To ensure that the location, structure and equipment of storage facilities are not changed without permission under Article 25 (1) of the Act; |
| 2. | To ensure that the handling of storing explosives, or the location, structure and equipment of storage facilities meet the standards under Articles 29 through 44 and they shall be maintained properly; |
| 3. | To direct emergency measures where storage facilities are in danger because of nearby fire or other circumstances or there is anything wrong with the safety of explosives; |
| 4. | To guide and supervise that the provisions of Articles 16 through 24, and 45 on handling explosives and quantity of storage shall be obeyed properly; |
| 5. | To ensure that subparagraphs 3 through 7 of Article 57 apply |
| (2) | Deleted. <Jan. 22, 2008> |
| (3) | No one shall obstruct supervision by a person in charge of explosives manufacturing security or a person in charge of explosives control and security under Article 57 and paragraph (1). |
| Article 59 (Stability Test) |
| (1) | The explosives which a powders manufacturer or possessor, under Article 32 (1) of the Act, subjects to the stability test shall be as follows: <Amended on Jan. 20, 2004> |
| 1. | Powders or explosives containing ester nitrate or its ingredients where more than one year has elapsed since the date of production, or where the date of production is uncertain; |
| 2. | Explosives not containing ester nitrate where more than three years have elapsed since the date of production, or where the date of production is uncertain; |
| 3. | Fire-processed articles for which three years elapse from the date on which they are manufactured and other blasting agents whose date of manufacture is unclear. |
| (2) | The methods of stability test for explosives under paragraph (1) shall be as follows: <Amended on Jan. 20, 2004; Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Free acid test or heat resistance test for those materials for which more than one year has elapsed since the date of production for powders and explosives under paragraph (1) 1; |
| 2. | Heat resistance test for those material for which more than two years have elapsed since the date of production, and those materials whose date of production is uncertain at the time of possessing, at that time, and every three months from that time for powders and explosives of paragraph (1) 1; |
| 3. | Free acid test for those materials for which more than three years have elapsed since the date of production and those whose date of production is uncertain at the time of possessing at that time and every year from that time for explosives of paragraph (1) 2. In such cases, blue litmus papers which turn red completely within four hours shall be put to a heating test; |
| 4. | Metal test, ignition and electric current test, water resistance test, friction test, internal electric test, loading and firing test, ignition device operating test, combustion test, ignition and combustion test and use test, etc. that are all conducted in accordance with test standards and methods by kind including detonators, ball or blank cartridges, signal-use blasting agents, firecrackers and toy firecrackers, etc., as prescribed by Ministerial Decree of the Interior and Safety for blasting agents referred to in paragraph (1) 3. |
| (3) | A person who has imported explosives shall promptly conduct a stability test on the powders pursuant to the following classification: <Amended on Jan. 20, 2004’ Oct. 10, 2013> |
| 1. | Free acid test or heat resistance test for powders or explosives containing ester nitrate or its ingredients; |
| 2. | Free acid test or heating test for powders not containing ester nitrate; |
| 3. | The test referred to in paragraph (2) 4 for blasting agents. |
| (4) | The stability test under paragraphs (2) and (3) shall be conducted on the sample explosives extracted pursuant to the following methods: <Amended on Jan. 20, 2004; Mar. 10, 2006> |
| 1. | Powders or explosives, for which the factory, date of production, and kinds are the same, and for which two years since the date of production have not yet elapsed, shall be extracted from at least one box per 25 boxes; |
| 2. | Powders or explosives, for which the factory, date of production and kinds are the same and for which two years since the date of production have elapsed, shall be extracted from at least one box per ten boxes; |
| 3. | Powders and explosives, other than those referred to in subparagraphs 1 and 2 shall be picked out of each of their boxes; |
| 4. | Blasting agents shall be picked according to the special inspection levels S-2 (S-3 in the case of industrial-use detonators or electric detonators) specified in Appendix 1 of KS A ISO 2859-1 of the Korean Industrial Standards set pursuant to the Industrial Standardization Act. |
| (5) | A heat resistance test shall be conducted for powders or explosives containing ester nitrate (excluding those containing ammonium nitrate) when blue litmus papers for free acid test encased into a container with chemical pills or chemical packs turn completely red upon replacement of the litmus papers, with the lapse of every three months on the process. |
| Article 60 (Free Acid Test) |
| (1) | The free acid test under the provisions of Article 59 shall be subject to the following methods: |
| 1. | To take off the wrapper of explosives to be tested, place samples to fill three-fifths of the cubic volume into a free acid tester, and then put a stopper after hanging blue litmus papers above the samples; |
| 2. | To seal up the samples and then measure the time in which blue litmus papers turn completely red as free acid test time. |
| (2) | The explosives falling under any of the following subparagraphs as a result of the measurement under the provisions of paragraph (1) 2 shall be regarded as stable: |
| 1. | Those whose free acid test time is not less than six hours for powders containing ester nitrate or its ingredients; |
| 2. | Those whose free acid test time is not less than four hours for explosives. |
| Article 61 (Heat Resistance Test) |
| (1) | The heat resistance test under Article 59 shall be subject to any of the following methods: <Amended on Jan. 6, 2016> |
| 1. | Samples to be put into a test tube shall be as follows: |
| (a) | 3 to 3.5 gram nitroglycerine or nitroglycol for siliceous dynamites; |
| (b) | 3.5 grams for glutinous dynamites (to subdivide them as large as grains of rice on the plate glass, put them into a mortar, add 7 gram tablet talcum powder and mix them slowly and lightly by a wooden pestle); |
| (c) | 3.5 grams in its entirety for those dry and dried for about five hours in 45 degrees celsius for those saturated with water for dynamites other than under items (a) and (b); |
| (d) | Quantity equivalent to one-third of the test tube in height in its entirety for powders containing ester nitrate with the size of grains of rice; |
| (e) | Quantity in its entirety for those dry ones and quantity equivalent to one-third of the test tube in height after dried fully by a vacuum drier under normal temperature for those saturated with water in case of nitrocotton or other explosives; |
| 2. | To put a sample in a test tube; wet the upper part of potassium iodide starch paper with a mixture of equal proportion of distilled water and glycerine using a glass rod; hang the wet part up on a loop attached to the glass rod; put the wet part in the test tube so that the lower end of the potassium iodide starch paper touches an area slightly above the sample; and then seal the opening of the test tube with a stopper, such as wood, rubber, etc.; |
| 3. | To maintain the temperature of a kettle at 65 degrees celsius; insert the test tube as deep as the thermometer; and measure the time as the heat resistance time until the boundary of wet and dry parts of the potassium iodide starch paper changes its color to the one with the same strength as the standard colored paper. |
| (2) | The heat resistance time exceeding eight minutes as a result of the measurement under paragraph (1) 3 shall be regarded as stable. |
| Article 62 (Heating Test) |
| (1) | The heating test under the provisions of Article 59 shall be subject to the following methods: |
| 1. | To dry samples saturated with moisture in the normal temperature by a vacuum drier; |
| 2. | To put about 10 grams of dry samples in a cooling bottle, keep them in a tester for 48 hours at 75 degrees celsius and measure the decreasing quantity. |
| (2) | The decreasing quantity which is not more than one-hundredth as a result of the measurement under the provisions of paragraph (1) 2 shall be regarded as stable. |
| Article 63 (Testers) |
Any of the following testers, etc. used for a stability test under Article 32 of the Act shall be used as determined by Ministerial Decree of the Interior and Safety: <Amended on Jun. 30, 1999; Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jan. 6, 2016; Jul. 26, 2017>
| 1. | Free acid tester; |
| 2. | Heat resistance tester; |
| 3. | Heating tester; |
| 4. | Blue litmus paper; |
| 5. | Potassium iodide starch paper; |
| 6. | Tablet talcum powder; |
| 7. | Standard colored paper. |
| Article 64 (Report on Stability Test) |
A report on the result of stability test under Article 32 (2) of the Act shall include the following information: <Amended on Oct. 10, 2013>
| 1. | Kinds, quantity and date of production of explosives tested; |
| 2. | Date of test; |
| 3. | Methods and result of test; |
| 4. | Import permit number (applicable only to imported explosives). |
| Article 64-2 (Storage of Guns following Theft or Loss) |
| (1) | Where a person whose gun is stolen or lost under Article 35 (2) of the Act (hereinafter referred to as "person whose gun is stolen or lost") receives an order for storage pursuant to paragraph (3) or (6) of that Article, he or she shall deposit all guns in his or her possession, other than the stolen or lost gun, at a designated place for storage by the date and time determined by a permitting agency. |
| (2) | Where a person whose gun is stolen or lost deposits his or her guns for storage pursuant to paragraph (1), a permitting agency shall issue a receipt of the guns, in the form prescribed by Ministerial Decree of the Interior and Safety, indicating the kinds of the guns stored, the period of storage, etc. |
| (3) | A person who intends to have the guns stored pursuant to paragraph (1) returned shall submit a receipt of the guns issued pursuant to paragraph (2) to a permitting agency after the period of storage expires. |
| (4) | Upon receipt of an application for return under paragraph (3), a permitting agency shall immediately return the guns being stored if it is confirmed that the period of storage of the guns expires. |
| (5) | The period of storage of guns under paragraph (1) shall be as follows: |
| 1. | The storage period of guns under Article 35 (3) of the Act: A period during which permission to possess guns is prohibited pursuant to paragraph (2) of that Article; in such cases, where measures have been suspended pursuant to Article 35 (4) of the Act, the period shall be until the time of suspension thereof; |
| 2. | The storage period of guns under Article 35 (6) of the Act: A period during which permission to possess guns is prohibited pursuant to paragraph (5) of that Article. |
[This Article Added on Sep. 17, 2019]
| Article 65 (Emergency Measures) |
Emergency measures under the provisions of Article 36 of the Act shall be subject to subparagraphs 1 through 3 for explosives storage facilities, and subparagraph 4 for powders:
| 1. | Where there is time to transfer stored explosives to a safe region, they shall be transferred and a watchman shall be placed; |
| 2. | Where the passageway is dangerous or there is no time to transfer, safe measures such as submerging explosives shall be taken; |
| 3. | Where they are not subject to subparagraphs 1 and 2, the entrance and windows, etc. of powders storage facilities shall be fast sealed up with earth bags, etc. fireproof measures against the wooden sections shall be taken, and a warning shall be given to nearby residents to relocate if necessary; |
| 4. | Powders which have absorbed moisture, or have lost the original efficiency or original form due to deterioration, misfire, semi-explosion, etc., or explosives which are deemed to have anything noticeably wrong with the stability shall be discarded. |
| Article 66 (Regular Self-Safety Checks) |
Regular checks under the provisions of Article 40 (2) of the Act shall be conducted not fewer than twice per year.
| Article 67 (Facilities Subject to Regular Safety Inspection) |
Facilities which a manufacturer, sales agent or powders storage facility installer of guns, swords, explosives, gas sprayers, electroshock weapons and crossbows shall be subject to regular safety inspection under the provisions of Article 41 of the Act shall be as follows: <Amended on Mar. 31, 1990; Jun. 20, 1996>
| 1. | Power rooms and preparatory rooms attached to a dangerous factory laboratory among manufacturing facilities of factories of guns, swords, explosives, gas sprayers, electroshock weapons and crossbows other than fireworks factories, nitrating rooms and refining rooms of nitrocellulose and discarded acid treatment units; |
| 2. | Dangerous laboratory factories, storage depot for ingredients-use powders and discarded powders treatment units among manufacturing facilities of fireworks factories; |
| 3. | First-class, second-class or higher class storage facilities among explosives storage facilities. |
| Article 68 (Criteria of Regular Safety Inspection) |
| 1. | To conduct immediately before a high demand season for manufacturing facilities or storage facilities of guns and explosives which have a high-demand season; |
| 2. | To inspect if the location, structure and equipment of manufacturing or storage facilities meet the technical criteria of Articles 8 and 29 through 44; |
| 3. | To inspect if lightning devices, alarm bells and firefighting facilities, etc. work smoothly. |
| Article 68-2 (Guns, Gas Sprayers, Electroshock Weapons, and Crossbows Subject to Inspection) |
"Those prescribed by Presidential Decree" in the former part of Article 42 (1) of the Act means the following:
| 1. | Pistols, rifles, hunting guns, firing guns, anesthetizing guns, gas dischargers, or explosives fragmentation guns specified in Article 3 (1) 1 (a), (b), (d), (e), (g), (k), or (l); |
| 2. | Gas Sprayers specified in Article 6-2; |
| 3. | Electroshock Weapons specified in Article 6-3; |
| 4. | Crossbows specified in Article 6-4. |
[This Article Wholly Amended on Sep. 17, 2019]
CHAPTER V SUPERVISION
| Article 68-3 (Reporting on Manufacture and Sale of Guns) |
A manufacturer, dealer, or renter of guns or a person who has obtained permission to export or import guns shall prepare a report on manufacture, sale, rent, or export or import of guns prescribed by Ministerial Decree of the Interior and Safety within seven days from the date of manufacturing, selling, renting, or exporting or importing guns pursuant to Article 44 (4) of the Act and shall file such report with the relevant permitting agency via the chief of the competent police station.
[This Article Added on Sep. 17, 2019]
| Article 69 (Sale of Guns, Swords, Explosives, Gas Sprayers, Electroshock Weapons and Crossbows) |
| (1) | The sale of guns, swords, explosives, gas sprayers, electroshock weapons and crossbows under the provisions of Article 46 (6) of the Act shall be conducted by competitive bids: |
| (2) | Where the proceeds of sales of guns, swords, explosives, gas sprayers, electroshock weapons, and crossbows under the provisions of Article 46 (7) of the Act are returned to the rightful person, a proceeds specification, on the receipt of a written provisional holding and a proceeds receipt of guns, swords, explosives, gas sprayers, electroshock weapons and crossbows, shall be delivered. <Amended Mar. 31, 1990; Jun. 20, 1996> |
| (3) | The proceeds from the sale of guns, swords, explosives gas sprayers, electroshock weapons and crossbows in paragraph (2), where the request for return is not made by the rightful person after the expiration of six months after the completion of the proceeding period under the provisions of Article 46 (6) of the Act, shall be paid to a revenue collector pursuant to the Budget and Accounts Act. <Amended on Mar. 31, 1990; Jun. 20, 1996; Mar. 10, 2006> |
[Title Amended on Mar. 31, 1990; Jun. 20, 1996]
| Article 70 (Notification of Personal Information to Ascertain Grounds for Disqualification) |
| (1) | "Head of an agency prescribed by Presidential Decree" in Article 46-2 (1) of the Act means any of the following persons: <Amended on Nov. 29, 2016; May 16, 2023> |
| 1. | The Minister of Health and Welfare; |
| 2. | The Commissioner of the Military Manpower Administration; |
| 3. | The Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, |
| 4. | The Chief of Staff of the ROK Army, the Chief of Staff of the ROK Navy, Chief of Staff of the ROK Air Force, and the Commander of the ROK Marine Corps; |
| 5. | The head of a facility for custody and treatment under Article 16-2 of the Act on Medical Treatment and Custody; |
| 6. | The president of the National Health Insurance Service established under Article 13 of the National Health Insurance Act. |
| (2) | Pursuant to Article 46-2 (1) of the Act, the persons falling under subparagraph of paragraph (1) shall notify the Commissioner General of the National Police Agency of the personal information under Appendix 16-2 at least once every quarter, as prescribed by Ministerial Decree of the Interior and Safety. <Amended on Jul. 26, 2017> |
[This Article Added on Oct. 30, 2015]
| Article 70-2 (Guns Subject to Custody) |
| (1) | |
| 1. | |
| 2. | Swords prescribed by Article 4; |
| 3. | Explosives prescribed by Article 2 (3) of the Act; |
| 4. | Gas sprayers prescribed by Article 6-2; |
| 5. | Electronic percussion locks prescribed by Article 6-3; |
| 6. | Crossbows prescribed by Article 6-4. |
| (2) | The carriers of guns that receive a custody order shall put them in custody by the set time and at the set location, and the permitting agency shall draw up and deliver a certificate proving custody. |
| (3) | Persons desiring the return of guns in custody shall submit reasons for the return request, materials substantiating this request and the certificate proving custody to the permitting agency as prescribed in paragraph (2). |
| (4) | Except for such terms such as the hunting term, where statutes and regulations allow the use of guns, the custody term of guns shall be as prescribed by paragraph (2). |
[This Article Added on Apr. 12, 1997]
| Article 71 (Report of manufacturing, Sale and Use) |
A manufacturer and a sales agent of swords, explosives, gas sprayers, electroshock weapons, and crossbows, and an explosives user shall report the circumstances of the monthly manufacture, sale and use to the permitting agency via the chief of competent police station by until the seventh day of the next month. <Amended on Mar. 31, 1990; Jun. 20, 1996; Sep. 17, 2019>
CHAPTER VI GUNS AND POWDERS SAFETY TECHNIQUES ASSOCIATION
| Article 72 (Matters Required for Registration of Incorporation) |
Matters required for registration of incorporation for the Gun s and Powders Safety Techniques Association (hereinafter referred to as the "Association") under the provisions of Article 48 (3) of the Act shall be as follows:
| 1. | Purposes; |
| 2. | Name; |
| 3. | Site of head office; |
| 4. | Names and address of officers; |
| 5. | Matters relating to assets; |
| 6. | Matters relating to public announcements. |
| Article 73 (Establishment of Branch Office Registration) |
| (1) | Where the Association establishes branches or affiliated associations (hereinafter referred to as "branches"), they shall be registered pursuant to the following subparagraphs: |
| 1. | At the seat of the Association, the name and seat of a newly established branch shall be registered within 14 days: |
| 2. | At the seat of a newly established branch, matters falling under any of the subparagraphs of Article 72 shall be registered within 21 days; |
| 3. | At the seat of the already established branch, the name and seat of newly established branch office shall be registered within 21 days. |
| (2) | Where a branch is established newly within the jurisdiction of a registry which has jurisdiction over the seat of the Association or the branch, only the name and seat of the branch shall be registered within the period falling under any of the subparagraphs of paragraph (1). |
| Article 74 (Transfer Registration) |
| (1) | Where the Association or a branch transfer the office, the purport of the transfers shall be registered within 14 days at the former seat and matters falling under any of the subparagraphs of Article 72 shall be registered within 21 days at the new seat. |
| (2) | Where the office is transferred within the jurisdiction of the same registry, only the purport of the transfer shall be registered within 14 days. |
| Article 75 (Modification Registration) |
Where matters falling under any of the subparagraphs of Article 72 are modified, modifications shall be registered within 14 days at the seat of the Association and within 21 days at the seat of the branch, respectively.
| Article 76 (Attached Papers to Application for Registration) |
Where an application for registration under the provisions of Articles 72 through 75 is filed, papers pursuant to the classification of any of the following subparagraphs shall be attached to the application for registration:
| 1. | Articles of association, matters relating to assets, and papers certifying the qualifications of officers for registration of incorporation under the provisions of Article 72; |
| 2. | Papers certifying the establishment of branches for registration for the establishment of branches under the provisions of Article 73; |
| 3. | Papers certifying the transfer of offices for transfer registration under the provisions of Article 74; |
| 4. | Papers certifying modified matters for modification registration under the provisions of Article 75. |
| Article 77 (Reckoning of Time-Frame for Registration) |
Where there exist matters to be registered under the provision of this Chapter, and subject to authorization or approval by the Commissioner General of the National Police Agency, the period of registration shall reckon from the date of receipt of such authorization or approval. <Amended on Jul. 30, 1991>
| Article 78 (Membership Fees) |
| (1) | Pursuant to the articles of association, the Association shall collect membership fees under Article 58 (1) 3 of the Act within the limit prescribed hereunder; <Amended on Nov. 10, 1987; Mar. 31, 1990; Jun. 20, 1996; Jan. 6, 2016> |
| 1. | An amount specified as follows: |
| (a) | For a manufacturer of guns, gas sprayers, electroshock weapons, or crossbows: 200,000 won per year; |
| (b) | For a dealer and renter of guns, gas sprayers, electroshock weapons, or crossbows, who operates a business in the Special Metropolitan City or Metropolitan City (excluding a |
| (c) | For a dealer and renter of guns, gas sprayers, electroshock weapons, or crossbows, who operates a business in the seat of a provincial government: 70,000 won per year; |
| (d) | For a dealer and renter of guns, gas sprayers, electroshock weapons, or crossbows, who runs a business in a |
| 2. | 7,500 won per year for powder-charged guns and 3,000 won per year for air guns for persons who are permitted to possess guns; |
| 3. | An amount equivalent to 1/100 of the import cost for persons who have obtained permission to import guns, explosives, gas sprayers, electroshock weapons and crossbows; |
| 4. | An amount equivalent to 0.75/1000 of the previous year's sales every year for explosives manufacturers and sale agents; |
| 5. | An amount equivalent to 5 won per 1 kilogram of usage for explosives users; |
| 6. | 10,000 won per year for persons holding a first-class license for a person in charge of explosives manufacturing, control and security and 5,000 won for persons holding second-class and third-class licenses. |
| (2) | Explosives users requiring the support from the Government can be exempt from all or part of the membership fees upon resolution of the board of directors. |
| Article 79 (Collection of Membership Fees) |
| (1) | Fees shall be collected once per year: |
| (2) | Where the Association wishes to collect fees, it shall issue a payment notification indicating the amount of fees, time limit and place of payment to the person under obligation to pay. |
| (3) | Where the person under obligation to pay fees fails to pay within the time limit of payment under the provision of paragraph (2), a reminder relating a period of no more than 20 days shall be issued. |
| Article 80 (Commission Collection of Membership Fees) |
| (1) | The Association may, under operationally compelling circumstances, commission to collect fees, with the approval of the Commissioner General of the National Police Agency, under the conditions as determined by the articles of association. <Amended on Jul. 30, 1991> |
| (2) | Where the Association commissions to collect fees under the provision of paragraph (1), it shall pay a commission within the limit of 5/100 of the collected amount under the conditions as determined by the articles of association. |
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 81 (Keeping of Books) |
| (1) | The following books shall be kept by a manufacturer and dealer of guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows; a renter of guns, swords, gas sprayers, electroshock weapons, or crossbows; an installer of explosives storage facility; or an explosives user or a gun possessor, pursuant to Article 63 of the Act: <Amended on Mar. 31, 1990; Jun. 20, 1996; Jun. 30, 1999; Oct. 30, 2015; Jan. 6, 2016> |
| 1. | For a manufacturer, a statement detailing the manufacture of guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows, and the warehousing and shipping of raw materials of explosives; |
| 2. | For a dealer, a statement detailing the transfer and takeover of guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows; |
| 3. | For a renter, a statement detailing the rental of guns, swords, gas sprayers, electroshock weapons, or crossbows; |
| 4. | For an installer of an explosives storage facility and an explosives user, a statement detailing the warehousing and shipping of explosives; |
| 5. | For a gun remodeler and repairer, a statement detailing the remodeling or repairing of guns; |
| 6. | For a gun possessor, a book specifying the transfer, takeover, and use of ammunition. |
| (2) | The books under paragraph (1) shall be, respectively, kept for two years from the completion of entries therein: |
[Title Amended on Oct. 30, 2015]
| Article 82 (Submission of Documents via Chiefs of Police Stations) |
A report or an application to be filed with the Commissioner General of the National Police Agency or the commissioner of a City/Do police agency under the Act or this Decree shall be submitted through the chief of a competent police station: Provided , That where a manufacturer or dealer of guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows or a renter of guns, swords, gas sprayers, electroshock weapons, or crossbows intends to export or import guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows, he or she may submit a report or an application directly to a permitting agency. <Amended on Mar. 31, 1990; Jul. 30, 1991; Jun. 20, 1996; Jan. 6, 2016; Dec. 31, 2020>
| Article 83 (Delegation of Authority) |
| (1) | The Commissioner General of the National Police Agency shall delegate the following authority to the commissioner of a City/ |
| 1. | Authority relating to the permission of the manufacturing industry (including remodeling and repairing industry) of shotguns, firing guns, fishing guns, anesthetizing guns, butcher guns, industrial guns, rescue and life saving guns, gas dischargers, their parts and manufacturing industry (including transforming and processing industry) of blasting agents under Article 4 (1) of the Act; |
| 2. | Authority relating to the export and import of guns (except pistols, rifles and machine guns), their parts and blasting agents under Article 9 (1) of the Act; |
| 3. | Authority relating to the acceptance of reports on appointment and dismissal of the person in charge of security for explosives making or a person in charge of security for powder control under Article 27 (2) of the Act; |
| 4. | Authority relating to the inspection of guns (except pistols and rifles), gas sprayers, electroshock weapons and crossbows under Article 42 (1) of the Act. |
| (2) | The authority of the commissioner of a City/ |
| (3) | The authority of the Commissioner General of the National Police Agency to impose and collect an administrative fine under Article 74 of the Act shall be delegated to the commissioner of a City/ |
| Article 83-2 (Handling of Sensitive Information and Personally Identifiable Information) |
In extenuating circumstances to perform the following duties, the Commissioner General of the National Police Agency, commissioners of City/Do police agencies, or chiefs of police stations (including persons delegated with authority pursuant to Article 83) may handle information on health under Article 23 of the Personal Information Protection Act, information on criminal records under subparagraph 2 of Article 18 of the Enforcement Decree of that Act, or data containing resident identification numbers, driver's license numbers, or foreigner registration numbers under Article 19 of the same Enforcement Decree; Provided , That in cases of duties specified in subparagraphs 5, 6, and 8, information containing health data under Article 23 of the Personal Information Protection Act and information constituting a criminal history record under subparagraph 2 of Article 18 of the Enforcement Decree of that Act shall be excluded: <Amended on Dec. 31, 2020; Dec. 20, 2022>
| 1. | Duties concerning permission for or report on the operation of a business or the installation of explosives storage facilities, succession to status, administrative disposition, etc. under the Act and this Decree; |
| 2. | Duties concerning possession and use of and education on guns, swords, explosives, gas sprayers, electroshock weapons, and crossbows under the Act and this Decree; |
| 3. | Duties concerning management and examination of guns, swords, explosives, gas sprayers, electroshock weapons, and crossbows under the Act and this Decree; |
| 4. | Duties concerning supervision under the Act and this Decree; |
| 5. | Duties concerning education under Article 22 of the Act; |
| 6. | Duties concerning inspection on completion under Article 43 of the Act; |
| 7. | Duties concerning measures for public safety, etc. under Article 47 of the Act; |
| 8. | Duties concerning supervision of the Association under Article 61 of the Act; |
| 9. | Deleted. <Dec. 20, 2022> |
[This Article Added on Jan. 6, 2012]
| Article 83-3 (Re-Examination of Regulation) |
The Commissioner General of the National Police Agency shall examine the appropriateness of the following matters every three years (referring to the period until the day before the day the same as the base date of every third year) counting from the following base date, and take improvement measures:
| 1. | Report on the state of manufacture, sale, or use under Article 71 made by manufacturers and dealers of guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows or by explosives users: January 1, 2017; |
| 2. | Books, etc. under Article 81 to be kept by manufacturers or dealers of guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows; by renters of guns, swords, gas sprayers, electroshock weapons, or crossbows; by installers of explosives storage facilities; or by explosives users: January 1, 2017. |
[This Article Wholly Amended on Dec. 30, 2016]
| Article 84 (Criteria for Imposition of Administrative Fines) |
| (1) | The criteria for imposition of an administrative fine pursuant to Article 74 (1) of the Act shall be as be prescribed in Appendix 17. |
| (2) | The Commissioner of the National Police Agency, commissioners of City/ |
| (3) | A person subject to an administrative fine shall pay the fine within 60 days from the receipt of the notice for the imposition of an administrative fine: |
| (4) | Matters necessary for the procedures for imposition and collection of administrative fines, in addition to the matters prescribed in paragraphs (1) through (3), shall be prescribed by Ministerial Decree of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Nov. 26, 2008]
ADDENDA <Presidential Decree No. 11617, Feb. 2, 1985>
| (1) | (Enforcement Date) This Decree shall enter into force on February 5, 1985. |
| (2) | (Transitional Measures concerning Permitting Criteria for |
ADDENDA <Presidential Decree No. 12276, Nov. 10, 1987>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning |
ADDENDA <Presidential Decree No. 12962, Mar. 31, 1990>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Applicability to Possession of Imitation |
| (3) | (Transitional Measures concerning Criteria for manufacturing Facilities of Shot (Lead) Bullets and Swords-manufacturing Industry) A person who has obtained permission on shot (lead) bullets and swords manufacturing industry under the previous provisions at the time of entry into force of this Decree shall be equipped with facilities under this Decree until February 28, 1991. |
| (4) | (Transitional Measures concerning Permitting Criteria for |
| (5) | (Transitional Measures concerning Manufacturing and Sales of Mufflers and Telescopic Sights) A person who has been manufacturing and selling mufflers and telescopic sights at the time of entry into force of this Decree shall have the permission from the Minister of Home Affairs for manufacturing and from Mayor/ |
ADDENDA <Presidential Decree No. 13435, Jul. 30, 1991>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 1991.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 13870, Mar. 6, 1993>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 15029, Jun. 20, 1996>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Permission of Crossbows Manufacturing and Sales) A person who has been manufacturing and selling crossbows at the time of entry into force of this Decree shall be equipped with facilities under this Decree and have obtained permission from the director of the pertinent local police agency until August 31, 1996. |
| (3) | (Transitional Measures concerning Permission of Gas Dischargers Manufacturing and Sales) A person who has obtained permission on gas dischargers manufacturing or sales business from the Commissioner General of the National Police Agency at the time of entry into force of this Decree shall be deemed to have obtained the permission on manufacturing and sales under this Decree. |
| (4) | (Transitional Measures concerning Second-Class Explosives Repositories) The criteria for location, structure and equipment of second-class ㄷxplosives storage facilities which have been permitted to be installed at the time of entry into force of this Decree shall be subject to the previous provisions. |
| (5) | (Transitional Measures concerning Criteria for Earth Mounds of Explosives Repositories) The criteria for earth mounds of Explosives storage facilities which have been permitted to be installed at the time of entry into force of this Decree shall be subject to the previous provisions until June 30, 1996. |
ADDENDA <Presidential Decree No. 15342, Apr. 12, 1997>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Changes in Criteria for Imitation |
ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDUM <Presidential Decree No. 16437, Jun. 30, 1999>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 17185, Mar. 31, 2001>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18237, Jan. 20, 2004>
| (1) | (Enforcement Date) This Decree shall enter into force on January 30, 2004. |
| (2) | (Applicability to Stability Test of Fire-processed Articles) The amended provisions of Article 59 (1) 3 and (2) 4 shall begin to apply to the first blasting agents manufactured and owned after the enforcement of this Decree and the amended provisions of paragraph (3) 3 of that Article shall begin to apply to the first blasting agents imported after the enforcement of this Decree. |
ADDENDUM <Presidential Decree No. 19381, Mar. 10, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19563, Jun. 29, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 20557, Jan. 22, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20692, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 21127, Nov. 26, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 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. 23570, Jan. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 5, 2012. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24419, Mar. 23, 2013>
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. 24789, Oct. 10, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Stability Test for Imported Explosives)
A person who imported explosives pursuant to previous Article 59 (3) before this Decree enters into force and have not performed a stability test for the imported explosives shall conduct a stability test within 30 days from the date this Decree enters into force, notwithstanding the amendment to Article 59 (3).
Article 3 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25456, Jul. 14, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 15, 2014.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25836, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 26518, Sep. 11, 2015>
This Decree shall enter into force on September 12, 2015.
ADDENDA <Presidential Decree No. 26611, Oct. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 2, 2015.
Article 2 (Transitional Measures concerning Gun Receipts)
| (1) | A receipt issued by a permitting agency to a gun possessor who kept his or her gun in the custody of a permitting agency as determined by the Commissioner General of the National Police Agency before this Decree enters into force shall be deemed a receipt issued pursuant to the amendment to Article 14-3 (1). |
| (2) | Where a gun possessor filed an application for release from custody as determined by the Commissioner General of the National Police Agency before this Decree enters into force, he or she shall be deemed to have filed an application for release from custody pursuant to the amendment to Article 14-3 (3). |
Article 3 (Transitional Measures concerning Ammunition That Can Be Kept in Places Outside of Explosives Storage Facilities)
A person who keeps ammunition in excess of the quantity that can be kept in a place outside of an explosives storage facility pursuant to the amended provision of Appendix 6 as at the time this Decree enters into force shall keep the excess ammunition in an explosives storage facility under Articles 24 and 25 or in a place designated by the permitting agency pursuant to the amendment to Article 14-3 (1) within four months from the date this Decree enters into force.
ADDENDA <Presidential Decree No. 26858, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 7, 2016.
Article 2 Omitted.
Article 3 (Relationship to Other Statutes and Regulations)
If the previous Enforcement Decree of the Act on Control of Gun s, Swords and Explosives or its provisions are cited in other statutes or regulations as at the time this Decree enters into force, this Decree or the corresponding provisions thereof shall be deemed cited in lieu of the previous Enforcement Decree of the Ac on Control of Gun s, Swords and Explosives or its provisions if provisions corresponding thereto exist in this Decree.
ADDENDA <Presidential Decree No. 27299, Jun. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2016. (Proviso Omitted.)
Articles 2 through 15 Omitted.
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. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 28215, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 28919, May 28, 2018>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 30081, Sep. 17, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 19, 2019.
Article 2 (Applicability to Gun s Subject to Inspection)
The amended provisions of subparagraph 1 of Article 68-2 shall begin to apply to the manufacture or importation of explosive fragmentation guns after this Decree enters into force.
Article 3 (Applicability to Reporting on Manufacture and Sale of Gun s)
The amended provisions of Article 68-3 shall begin to apply to the manufacture, sale, rent, or export or import of guns after this Decree enters into force.
Article 4 (Transitional Measures concerning Gun Possessors' Observance Duties with Regard to Collection of Location Information)
Notwithstanding the amended provisions of Article 14-5, the previous provisions shall apply to the possessors of guns for which the storage restriction was lifted pursuant to Article 14-2 (2) of the Act before this Decree enters into force.
ADDENDA <Presidential Decree No. 31349, Dec. 31, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2021.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 33112, Dec. 20, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 33471, May 16, 2023>
This Decree shall enter into force on the date of its promulgation: Provided , That the amended provisions of Article 70 (1) 6 and subparagraphs 7 and 8 of Appendix 16-2 shall enter into force six months after the date of the promulgation.
ADDENDA <Presidential Decree No. 34488, May 7, 2024>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 17, 2024.
Articles 2 through 5 Omitted.