NATIONAL INTELLIGENCE SERVICE ACT
Act No. 8050, Oct. 4, 2006
The purpose of this Act is to provide for the organization and the scope of service of the National Intelligence Service (hereinafter referred to as the "NIS") and other matters necessary for the efficient performance of national security service. <Amended by Act No. 5681, Jan. 21, 1999>
The NIS shall be under jurisdiction of the President and operate under his direction and supervision. <Amended by Act No. 5681, Jan. 21, 1999>
[This Article Added by Act No. 4708, Jan. 5, 1994]
| (1) | The NIS shall perform each of the following services: <Amended by Act No. 5252, Dec. 31, 1996; Act No. 5681, Jan. 21, 1999> |
| 1. | Collection, compilation and distribution of domestic public security information (against communism, acts to overthrow the Government, espionage, terror, and international crime organization) and foreign information; |
| 2. | Public security service with regard to the documents, materials, facilities and regions which are classified as the state secrets: |
| 3. | Criminal investigation on the crimes of insurrection and foreign aggression provided for in the Criminal Act, the crimes of rebellion and illegal use of cryptogram provided for in the Military Criminal Act, the crimes provided for in the Military Secret Protection Act, and crimes provided for in the National Security Act; |
| 4. | Criminal investigation on the crimes related to the service of the personnel of the NIS; and |
| 5. | Planning and coordination of information and public security service. |
| (2) | Any necessary matters with regard to the services set forth in paragraph (1) 1 and 2 above, with regard to the scope, subject institutions, procedure, etc. of the planning and coordination as prescribed in paragraph (1) 5 above shall be provided for by the Presidential Decree. |
[This Article Wholly Amended by Act No. 4708, Jan. 5, 1994]
| (1) | The organization of the NIS shall be determined by the Director of the NIS (hereinafter referred to as the "Director") after obtaining the approval of the President. <Amended by Act No. 5681, Jan. 21, 1999> |
| (2) | With the approval of the President, the NIS may establish branches in the Special Metropolitan City, Metropolitan Cities and Dos if deemed particularly necessary for the performance of its duties. <Amended by Act No. 5454, Dec. 13, 1997; Act No. 5681, Jan. 21, 1999> |
[This Article Wholly Amended by Act No. 4708, Jan. 5, 1994]
| (1) | The NIS shall have one Director, Deputy Director, Executive Director, and other necessary personnel: |
| (2) | The fixed number of personnel shall be determined by the Director after obtaining approval from the President, within the scope of the budget. <Amended by Act No. 5681, Jan. 21, 1999> |
If necessary for the purpose of national security, the organization, the site, and the fixed number of personnel of the NIS may be kept confidential. <Amended by Act No. 4708, Jan. 5, 1994; Act No. 5681, Jan. 21, 1999>
| (1) | The Director shall be appointed by the President after going through a confirmation hearing of the National Assembly and the Deputy Director and the Executive Director shall be appointed by the President upon the Director's recommendation. <Amended by Act No. 5681, Jan. 21, 1999; Act No. 6855, Feb. 4, 2003> |
| (2) | The Director shall be in political service, exercise overall control over the affairs of the NIS and direct and supervise its personnel. <Amended by Act No. 5681, Jan. 21, 1999; Act No. 6622, Jan. 19, 2002> |
| (3) | The Deputy Director shall be in political service, assist the Director and act on his behalf in case the Director is unable to perform his duties due to an accident. <Amended by Act No. 5681, Jan. 21, 1999; Act No. 6622, Jan. 19, 2002> |
| (4) | The Executive Director shall be in special service, assist the Director and the Deputy Director and performs the duties assigned to him. <Amended by Act No. 5681, Jan. 21, 1999; Act No. 6622, Jan. 19, 2002> |
| (5) | Personnel affairs on the personnel other than the Director, the Deputy Director, and the Executive Director shall be otherwise determined by any Act. <Amended by Act No. 4708, Jan. 5, 1994; Act No. 5681, Jan. 21, 1999> |
The Director, the Deputy Director, and the Executive Director shall be prohibited from holding any other office concurrently. <Amended by Act No. 4708, Jan. 5, 1994; Act No. 5681, Jan. 21, 1999>
| (1) | The Director, the Deputy Director and other personnel shall be prohibited from joining political parties or participating in political activities. <Amended by Act No. 5681, Jan. 21, 1999> |
| (2) | Involvement in political activities referred to in paragraph (1) above shall mean: |
| 1. | Acts of assisting or obstructing another person in respect to forming or joining any political party or political organization; |
| 2. | Acts of disseminating opinions supporting or opposing a particular political party or politician by taking advantage of one's position in the NIS, or acts of disseminating opinions or facts that praise or slander any particular political party or politician for the purpose of forming public opinions supporting or opposing such political party or politician; |
| 3. | Acts of assisting in or obstructing fund-raising, or acts of using funds of the State, local governments, and government-invested institutions or allowing this act to be done for any particular political party or politician; |
| 4. | Acts of election campaigns for a particular political party or politician or acts of participating in the election related meetings; or |
| 5. | Acts of having the NIS personnel or other public officials to do any acts set forth in subparagraphs 1 through 4 above, or acts of giving, promising or noticing advantage or disadvantage as a compensation or retaliation in relation to such acts. |
[This Article Wholly Amended by Act No. 4708, Jan. 5, 1994]
| (1) | The Director may request the head of any relevant agency to dispatch the military personnel in active service or necessary public officials to the NIS. <Amended by Act No. 5681, Jan. 21, 1999> |
| (2) | The head of the dispatching agency of personnel holding concurrent posts shall guarantee all rights, remuneration and fringe benefits proportionate to their status, and shall obtain the prior consent of the Director when intending to assign them to other positions. <Amended by Act No. 4708, Jan. 5, 1994; Act No. 5681, Jan. 21, 1999> |
| (3) | The personnel holding concurrent posts shall not be subject to the direction or supervision of the head of the dispatching agency during the period of holding concurrent posts. |
| (4) | The fixed number of personnel holding concurrent posts shall be determined by the Director on approval by the President in consultation with the head of the relevant agency. <Amended by Act No. 5681, Jan. 21, 1999> |
| (1) | The Director, Deputy Director, or other personnel of the NIS shall neither arrest or detain any person without legal procedures, nor force any institution, organization, or individual to do anything which does not belong to its/his duty nor obstruct any person from performing his duty, by abusing his/their official authority. <Amended by Act No. 5681, Jan. 21, 1999> |
| (2) | The staff of the NIS who performs the duties of the judicial police officer (including the military judicial police officer) under Article 16 below shall comply with due procedures for the criminal investigation provided for in Article 34 (Interview, Communication and Medical Treatment with the Accused or Suspect) of the Criminal Procedure Act, as well as Article 87 (Notice of Detention), Article 89 (Interview and Medical Treatment with the Detained Accused) and Article 90 (Application for Defense Counsel) which shall apply |
[This Article Added by Act No. 4708, Jan. 5, 1994]
| (1) | The NIS shall be an independent institution as prescribed in Article 40 of the State Finance Act. <Amended by Act No. 4708, Jan. 5, 1994; Act No. 5681, Jan. 21, 1999; Act No. 8050, Oct. 4, 2006> |
| (2) | The NIS's request for the budget of expenditures shall be made in total under the section and item of the NIS's Expenditure and the Information Expenses, and the details of the calculation of the budget and the documents attached to the budget bill as prescribed in Article 34 of the State Finance Act may decide not to be submitted. <Amended by Act No. 4708, Jan. 5, 1994; Act No. 5681, Jan. 21, 1999; Act No. 8050, Oct. 4, 2006> |
| (3) | Portions of the NIS's budget which cannot be calculated or expected in advance may be appropriated to the budget for another institution in total. <Amended by Act No. 4708, Jan. 5, 1994; Act No. 5681, Jan. 21, 1999> |
| (4) | Notwithstanding paragraphs (2) and (3) above, the detailed materials necessary for the substantial examination of all the NIS's budget shall be submitted to the Information Committee of the National Assembly. <Amended by Act No. 4708, Jan. 5, 1994; Act No. 5681, Jan. 21, 1999> |
| (5) | The deliberation on the NIS's budget by the Information Committee of the National Assembly shall be confidential and its members shall not disclose or reveal the details of the budget. <Added by Act No. 4708, Jan. 5, 1994; Act No. 5681, Jan. 21, 1999> |
| (1) | With regard to a state secret which may seriously influence national security, the Director may refuse to submit any reference data or to make a reply by explaining reasons for a refusal during the budget examination or examination of any bill of the National Assembly and the auditing and inspection of the Board of Audit and Inspection. <Amended by Act No. 5681, Jan. 21, 1999> |
| (2) | Notwithstanding paragraph (1) above, when required to submit reference data, make a reply or give testimony by the Information Committee of the National Assembly or under the Act on Testimony, Appraisal, etc. before the National Assembly, the Director may refuse to do so, only with regard to the matters related to the state secrets on the military, diplomatic or issues on North Korea about which the public knowledge may have a serious influence on the national destiny by explaining the reasons for such refusal. In this case, the Information Committee, etc. of the National Assembly may request the Prime Minister's explanation by the resolution therof. Unless the Prime Minister's explanation is submitted within seven days after such request, submission of such reference data, reply, or testimony shall not be refused. <Amended by Act No. 5681, Jan. 21, 1999> |
| (3) | The Director may request any reference data, reply or testimony concerning the matters belonging to the state secrets to be undisclosed. <Amended by Act No. 5681, Jan. 21, 1999> |
| (4) | The term "state secrets" in this Act is limited to the facts, goods, or information, the access to which is permitted to a limited scope of persons, which shall not be disclosed to any other country or organization and which is classified as state secrets, in order to avoid any serious disadvantage to the national safety. |
[This Article Wholly Amended by Act No. 4708, Jan. 5, 1994]
The Director shall, under his own responsibility, conduct the examination of accounting with regard to the matters under his jurisdiction and inspect the performance of duties of the NIS personnel, and shall report on the result thereof to the President and the Information Committee of the National Assembly. <Amended by Act No. 5681, Jan. 21, 1999>
[This Article Wholly Amended by Act No. 4708, Jan. 5, 1994]
The Director may request cooperation and support necessary for the performance of the duties prescribed in this Act from the head of any related State agency or public organization. <Amended by Act No. 4708, Jan. 5, 1994; Act No. 5681, Jan. 21, 1999>
Any person of the NIS personnel, who is nominated by the Director, shall perform the duties of the judicial police officers and the military judicial officers as prescribed in the Act on the Persons Performing the Duties of Judicial Police Officers and the Scope of Their Duties and in the Military Court Act as regards crimes stipulated in Article 3 (1) 3 and 4 above. <Amended by Act No. 3993, Dec. 4, 1987; Act No. 4708, Jan. 5, 1994; Act No. 5681, Jan. 21, 1999>
[This Article Wholly Amended by Act No. 3492, Dec. 31, 1981]
| (1) | When it is deemed necessary for the performance of duties, the Director may authorize the personnel under his control to carry arms with them. <Amended by Act No. 5681, Jan. 21, 1999> |
| (2) | The provisions of Article 11 of the Act on the Performance of Duties by Police Officers shall apply |
| (1) | Any person who joins political parties or organizations, or participates in political activities in contravention of the provisions of Article 9 above shall be punished by imprisonment for not more than five years and suspension of qualification for not more than five years. |
| (2) | Attempts to commit the crimes specified in paragraph (1) above shall be punished. |
[This Article Added by Act No. 4708, Jan. 5, 1994]
| (1) | Any person who arrests or detains any other person, or makes any other agency organization or individual do something which does not belong to its/his duty, or obstructs other person in exercising his authority in violation of Article 11 (1) above shall be punished by imprisonment for not more than seven years and suspension of qualification for not more than seven years. |
| (2) | Any person of the NIS personnel performing the duties of the judicial police officer (including the military judicial police officer) who does not comply with the provisions of the Criminal Procedure Act concerning interview, communication and medical care by the defense counsel, notice of detention and interview and medical care by persons other than the defense counsel in violation of Article 11 (2) and so infringes on the rights of the suspect, defense counsel, or other persons concerned shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won. <Amended by Act No. 5681, Jan. 21, 1999> |
| (3) | Attempts to commit the crimes specified in paragraph (1) above shall be punished. |
[This Article Added by Act No. 4708, Jan. 5, 1994]
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 1981. |
| (2) | (Transitional Measures) The Director, the Deputy Director, and the Planning and Coordinating Officer of the Central Intelligence Agency in office at the time when this Act enters into force shall be considered as the Director, the Deputy Director, and the Executive Director under this Act. |
| (3) | (Relations with Other Acts) The term the "Central Intelligence Agency" and the "Director of the Central Intelligence Agency" provided for in the Government Organization Act or other statutes and ordinances at the time this Act enters into force shall be considered as the "National Security Planning Agency" and the "Director of the National Security Planning Agency" respectively. |
ADDENDA<Act No. 3492, Dec. 31, 1981>
Article 1 (Enforcement Date)
This Act shall enter into force on February 1, 1982.
Article 2 Omitted.
Article 3 (Transitional Measures)
| (1) | The judicial policemen or those who were instructed or nominated as the judicial police officers by the Public Prosecutor-General, a Chief of a District Public Prosecutor's Office, or by the Director of the National Security Planning Agency under the provisions of the Measurement Act, the Natural Park Act, the Customs Act, the Military Support and Compensation Act, the Agency for National Security Planning Act, or the Military Secret Protection Act, and the fishery supervising officials nominated by the head of the relevant authorities through consultation with the head of the District Public Prosecutor's Office under the Fisheries Act at the time when this Act enters into force shall be considered as the judicial policemen or judicial police officers under this Act, and duties executed by the judicial police officers as provided by the previous provisions of the Measurement Act, the Natural Park Act, the Customs Act, the Fisheries Act, the Military Support and Compensation Act, the Agency for National Security Planning Act, or the Military Secret Protection Act shall be considered as executed under this Act. |
| (2) | Omitted. |
Article 4 (Transitional Measures according to Amendment of the Military Court Act)
The military judicial policemen or those who were instructed or nominated as the military judicial police officers by the Director of the National Security Planning Agency under the provisions of the Agency for National Security Planning Acts at the time when this Act enters into force shall be considered as the military judicial policemen or military judicial police officers under the Military Court Act, and duties executed by the military judicial police officers under the provisions of the Agency for National Security Planning Act shall be considered as executed under the Military Court Act.
ADDENDA<Act No. 3993, Dec. 4, 1987>
Article 1 (Enforcement Date)
This Act shall enter into force on February 25, 1988.
Articles 2 through 4 Omitted.
ADDENDA<Act No. 4708, Jan. 5, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
| (1) | Notwithstanding the amended provisions of Article 3 (1) 3 of this Act above, the Agency for National Security Planning may investigate crimes provided for in Article 7 (3) and (5) of the National Security Act and crimes of attempts, preparations, and conspiracies of those crimes until one year after the date of the enforcement date of this Act: |
| (2) | Any cases under investigation at the time of this Act entering into force, except for those related to crimes provided for in Article 3 (1) 3 of this Act above (crimes provided for in Article 7 (3) and (5) of the National Security Act and crimes of attempts, preparations, and conspiracies of those crimes are excluded) shall be handed over to other investigative institution within three months after the enforcement date. |
ADDENDUM<Act No. 5252, Dec. 31, 1996>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA<Act No. 5681, Jan. 21, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures on Affairs and Personnel according to Modification in Name of Agency)
| (1) | The Director of the National Intelligence Service shall succeed to affairs of the Director of the Agency for National Security Planning at the time of the entry into force of this Act. |
| (2) | The Director, Deputy Director, planning and coordinating officer, and other personnel of the Agency for National Security Planning at the time of the entry into force of this Act shall be deemed to be the Director, Deputy Director, Executive Director, and other personnel of the National Intelligence Service under this Act, respectively. |
Article 3 Omitted.
Article 4 (Relation to Other Acts and Subordinate Statutes)
Where other Acts and subordinate statutes cite the Agency for National Security Planning Act, the Agency for National Security Planning, or its Director at the time this Act enters into force, the National Intelligence Service Act, the National Intelligence Service, or its Director shall be regarded as having been cited, respectively.
ADDENDA<Act No. 6622, Jan. 19, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA<Act No. 6855, Feb. 4, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA<Act No. 8050, Oct. 4, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007. (Proviso Omitted.)
Articles 2 through 12 Omitted.
Last updated : 2009-07-26