CONTROL OF FIREARMS, KNIVES, SWORDS, EXPLOSIVES, ETC. ACT
Act No. 10219, Mar. 31, 2010
Wholly Amended by Act No. 3743, Aug. 4, 1984
Amended by Act No. 3876, Dec. 31, 1986
Act No. 4154, Dec. 30, 1989
Act No. 4369, May 31, 1991
Act No. 4989, Dec. 6, 1995
Act No. 5201, Dec. 30, 1996
Act No. 5453, Dec. 13, 1997
Act No. 5938, Mar. 31, 1999
Act No. 6386, Jan. 26, 2001
Act No. 6948, Jul. 29, 2003
Act No. 7428, Mar. 31, 2005
Act No. 7849, Feb. 21, 2006
Act No. 8852, Feb. 29, 2008
Act No. 9211, Dec. 26, 2008
Act No. 10219, Mar. 31, 2010
CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to contribute to the maintenance of the public safety by preventing in advance any danger and accident likely to be caused by guns, swords, powders, gas sprayers, electronic shock machines and crossbows by regulating the matters concerning the making, trade, possession, use and other dealings of guns, swords, powders, gas sprayers, electronic shock machines and crossbows. <Amended by Act No. 4154, Dec 30, 1989; Act No. 4989, Dec. 6, 1995>
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| Article 2 (Definitions) |
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| (1) | For the purpose of this Act, the term "guns" means those of pistols, rifles, machine guns, artillery, hunting guns, powder-charged arms which fire metal bullets or gas, and air guns (including those using compressed gas; hereinafter the same shall apply) and parts such as barrels and machines, etc. (hereinafter referred to as "parts") prescribed by the Presidential Decree. <Amended by Act No. 4989, Dec. 6, 1995; Act No. 6948, Jul. 29, 2003>
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| (2) | For the purpose of this Act, the term "swords" means those as determined by the Presidential Decree, of knives, swords, spears, stilettos, daggers, and so on, whose blade is not less than fifteen centimeters long and which can be used by nature as lethal weapons, and which might be used obviously as such weapons even though the blade is less than fifteen centimeters long. |
| (3) | For the purpose of this Act, the term "powders" means the following powders, explosives and fire-processed articles (referred to works made using powders and explosives; hereinafter the same shall apply): <Amended by Act No. 4145, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999>
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| (a) | Black powder, or the powder whose principal ingredient is the acetate; |
| (b) | Lead-free powder, or the powder whose principal ingredient is the ester acetate; and |
| (c) | Those as determined by the Presidential Decree among powders to be used for a propulsive explosion similar to those as referred to in items (a) and (b); |
| (a) | Initial explosives, such as mercury fulminate, azide lead, rhodan salts, tetrasen, and so on; |
| (b) | Ammonium nitrate explosive, potassium chlorate explosive, carlit and other explosives whose principal ingredient is acetate, chlorate or perchlorate; |
| (c) | Nitroglycerine, nitroglycol and other ester acetate used as explosives; |
| (d) | Dynamite and other explosive whose principal ingredient is ester acetate; |
| (e) | Other nitro compound containing not less than three of trinitrobenzene, trinotrotoluene, picric acid, trinitrochlorobenzen, tetryl, trinitroanisole, hexanitrodiphenylamine, trimethylenetrintramine, pentrit, and nitrobase, and explosives whose principal ingredients are therefrom; |
| (f) | Liquid oxygen explosives and other liquid explosives; and |
| (g) | Other explosive compounds to be used for any destructive explosive similar to those as referred to in items (a) through (f), which are determined by the Presidential Decree; and |
| 3. | Fire-processed articles: |
| (a) | Industrial detonating caps, electric detonating caps, detonating caps for guns and signal detonating caps; |
| (b) | Ball cartridges (including shots; hereinafter the same shall apply), and blank cartridges; |
| (c) | Fuses and spark plugs; |
| (d) | Power train micorvibration crushers, detonating fuses, and electric blasting fuses; |
| (e) | Signal rockets, signal torpedos and signal fire-processed articles; |
| (g) | Fireworks and other fire-processed articles using powders or explosives; |
| (h) | Toy fireworks as determined by the Ministerial Decree of Government Administration and Home Affairs; |
| (i) | Motor emergency fireworks signals; and |
| (j) | Gas generator for motor air bags. |
| (4) | For the purpose of this Act, the term "gas sprayer" means any machine or tool to spray the tear or asphyxiating agents which make temporarily human activities difficult, and which are determined by the Presidential Decree. <Added by Act No. 4154, Dec. 30, 1989>
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| (5) | For the purpose of this Act, the term "electronic shock machine" means any machine or tool to discharge electricity which makes temporarily human activities difficult, or cause danger and injury to human life, and which is determined by the Presidential Decree. <Added by Act No. 4154, Dec. 30, 1989>
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| (6) | For the purpose of this Act, the term "crossbow" means one which launches arrows and so on applied by the principle of bow and gun devices and can cause danger and injury to human life, and which is determined by the Presidential Decree. <Added by Act No. 4989, Dec. 6, 1995>
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| Article 3 (Exclusion of Application) |
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| (1) | With respect to the toy fireworks as prescribed in Article 2 (3) 3 (h), the provisions of Articles 6 through 8, 10, 12, 13, 18 through 21, 23, 32 and 35 shall not apply: Provided, That in case of the persons who obtained the permission under Article 4, 9 or 25 with respect to the toy fireworks, only the provisions of Articles 6 through 8, 10, 12, 18, 21 and 23 shall not apply. <Amended by Act No. 6386, Jan. 26, 2001>
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| (2) | With respect to gas generators for motor airbags as prescribed in Article 2 (3) 3 (j), except as provided in Articles 4 and 5, the provisions of this Act shall not apply.
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| (3) | With respect to guns, swords, powders, gas sprayers, electronic shock machines and crossbows which are made, sold, exported, imported or managed for military purposes, this Act shall not apply. |
| (4) | With respect to guns, swords, powders, gas sprayers, electronic shock machines and crossbows made for the purpose of export, structure and performance standards concerning the permission of manufacturing for relevant respective class under Article 4 (1) and (2) shall not be applicable. <Added by Act No. 5938, Mar. 31, 1999>
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[This Article Wholly Amended by Act No. 4989, Dec. 6, 1995]
CHAPTER II MANUFACTURE, SALE ETC. OF GUNS, SWORDS, POWDERS, GASSPRAYERS, ELECTRIC SHOCKMACHINES AND CROSSBOWS
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| Article 4 (Permission for Manufacturing Industry) |
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| (1) | Any person who desires to carry on manufacturing industry of the guns and powders (including the guns remodeling and repair business and the powder transformation and processing business; hereinafter the same shall apply) shall obtain by factory permission of the commissioner general of the National Police Agency, as determined by Ministerial Decree of Public Administration and Security. This shall also apply in cases where the person desires to change the location, structure, facilities or equipment of the factory, or the kind or manufacturing methods for the guns and powders to be made. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4169, May 31, 1991; Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| (2) | Any person who desires to carry on manufacturing industry of swords, gas sprayers, electric shock machines and crossbows shall obtain by factory permission of the commissioner of the local police agency which has jurisdiction over the seat of the factory, as determined by Ministerial Decree of Public Administration and Security. This shall also apply in cases where he/she desires to change the location, structure, facilities or equipment of the factory, or the kind or manufacturing methods for swords, gas sprayers, electric shock machines and crossbows made. <Added by Act No. 4189, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| (3) | No person, other than those who have obtained permission for manufacturing industry of guns, swords, powders, gas sprayers, electric shock machines and crossbows under paragraphs (1) and (2) (hereinafter referred to as "maker") shall manufacture guns, swords, powders, gas sprayers, electric shock machines and crossbows: Provided, That where the powders are made for the kind prescribed by Presidential Decree with less than the quantity prescribed by Presidential Decree, for the purpose of physical and chemical experiments or medical treatment, the same shall not apply. <Amended by Act No. 4989, Dec. 6, 1995>
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| (4) | In cases where six months have yet to elapse from the date on which the relevant permission is revoked under Article 45 (1) and it is in tended to run the same type of business at the place of business, permission provided for in paragraph (1) or (2) shall not be granted. <Added by Act No. 6948, Jul. 29, 2003>
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| (5) | The criteria for the facilities and techniques concerning the manufacture of guns, swords, gas sprayers, electric shock machines and crossbows shall be determined by Presidential Decree. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
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| Article 4-2 (Succession of Status of Maker) |
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| (1) | When a maker dies or transfers his/her making industry, his/her successor or any person who takes over the making industry shall succeed the maker's status. |
| (3) | Any person who succeeds the status of any maker in accordance with paragraph (1) or (2) shall make a report to the Commissioner General of the National Police Agency or the commissioner of the relevant local police agency on his/her succession of the status of such maker within one month, as prescribed by Ministerial Decree of Public Administration and Security. <Amended by Act No. 8852, Feb. 29, 2008>
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| (4) | Article 5 shall apply mutatis mutandis to the succession of the status of a maker referred to in paragraph (1) or (2) : Provided, That where the successor falls under each subparagraph of Article 5, the same shall not apply for three months from the date on which the status of the relevant maker is succeeded.
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[This Article Added by Act No. 6948, Jul. 29, 2003]
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| Article 5 (Disqualification for Makers) |
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Any person who falls under any of the following subparagraphs, may not obtain the permission on the making industry of guns, swords, powders, gas sprayers, or electronic shock machines and crossbows: <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995; Act No. 6386, Jan. 26, 2001; Act No. 7428, Mar. 31, 2005>
| 1. | A person who has been sentenced to the penalty heavier than the imprisonment without prison labor, and for whom three years have not elapsed after the execution of sentence is terminated, or nonexecution becomes definite; |
| 2. | A person who has been sentenced to a stay of execution of the penalty heavier than the imprisonment without prison labor, and for whom one year has not elapsed after the period of stay of execution is terminated; |
| 3. | An insane person, narcotic, hemp, psychotropic or alcohol addict or other mentally defective person equivalent to this; |
| 4. | A person who is minor, incompetent or quasi-incompetent; |
| 5. | A person who is declared bankrupt, but not reinstated; |
| 6. | A person who is subject to a disposition of the revocation of per mission under Article 45 (1), and for whom three years have not elapsed thereafter; and
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| 7. | A juristic person or organization which has one of officers, who falls under any of subparagraphs 1 through 6. |
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| Article 6 (Permission for Sales Business) |
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| (1) | Any person who desires to carry on the sales business of the guns, swords, powders, gas sprayers, electric shock machines and crossbows shall obtain by sales agency permission of the commissioner of the local police agency concerned which has jurisdiction over the seat of the agency, as determined by Ministerial Decree of Public administration and Security. This shall also apply in cases where a person desires to change the location, structure, facilities or equipment of the sales agency, or change the kind of guns, swords, powders, gas sprayers, electric shock machines and crossbows which he/she sells. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4369, May 31, 1991; Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| (2) | No person, other than a person who has obtained permission for the sales business of guns, swords, powders, gas sprayers, electronic shock machines and crossbows under paragraph (1) (hereinafter referred to as "sales agent") shall sell the guns, swords, powders, gas sprayers, electric shock machines and crossbows (in cases of a sale of the gas sprayer, including to charge the tear or asphyxiating agents into the gas sprayer; hereinafter the same shall apply): Provided, That the foregoing shall not apply to cases where the maker sells guns, swords, powders, gas sprayers, electric shock machines and crossbows made directly at the factory, or a guns sales agent sells the ball or blank cartridges for guns with permission for sales within the scope prescribed by Presidential Decree. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
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| (3) | In cases where six months have yet to elapse from the date on which permission is revoked under Article 45 (1) and it is intended to run the same type of business at the same place of business, permission provided for in paragraph (1) shall not be granted. <Added by Act No. 6948, Jul. 29, 2003>
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| (4) | The criteria for permission for the sales business of the guns, swords, powders, gas sprayers, electric shock machines and crossbows as referred to in paragraph (1) shall be determined by Presidential Decree. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
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| Article 6-2 (Succession of Status of Sales Agent) |
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The provisions of Article 4-2 shall apply mutatis mutandis to the case where any sales agent dies or transfers his sales business. In this case, the "Commissioner General of the National Police Agency or the commissioner of the local police agency" shall be deemed the "commissioner of the local policy agency".
[This Article Added by Act No. 6948, Jul. 29, 2003]
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| Article 7 (Disqualification for Sales Agents) |
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The provisions of Article 5 shall be applicable to the permission on the sales business on the guns, swords, powders, gas sprayers, electronic shock machines and crossbows. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
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| Article 8 (Prohibition of Peddling and Outdoor Sale) |
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The guns, swords, powders, gas sprayers, electronic shock machines and crossbows shall not be sold by a peddling, at a street stall, or in the open air. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
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| Article 9 (Permission, etc., for Export and Import) |
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| (1) | Any person who desires to export or import guns and powders shall obtain permission each time from the Commissioner General of the National Police Agency, as determined by Ministerial Decree of Public Administration and Security. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4369, May 31, 1991; Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| (2) | Any person who desires to export or import swords, gas sprayers, electric shock machines or crossbows shall obtain permission each time from the commissioner of the local police agency which has jurisdiction over the seat of the principal office, as determined by Ministerial Decree of Public Administration and Security. <Added by Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| (3) | Any person who can obtain permission for export or import as referred to in paragraphs (1) and (2) shall be limited to makers or sales agents: Provided, That this shall not apply in cases where a state agency or local government desires to use them, approved by the Commissioner General of the National Police Agency. <Added by Act No. 4989, Dec. 6, 1995; Act No. 5201, Dec. 30, 1996>
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| (4) | Where deemed necessary for the maintenance of the public security, the Commissioner General of the National Police Agency may restrict or prohibit the export or import of the guns, swords, powders, gas sprayers, electric shock machines and crossbows. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4369, May 31, 1991; Act No. 4989, Dec. 6, 1995>
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| (5) | Any person who has imported powders shall promptly report it to the superintendent of the police station having jurisdiction over the place of import, as determined by Ministerial Decree of Public Administration and Security: <Amended by Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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CHAPTER III POSSESSION AND USE OF GUNS, SWORDS, POWDERS, GASSPRAYERS, ELECTRIC SHOCKMACHINES AND CROSSBOWS
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| Article 10 (Prohibition of Possession) |
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No person shall possess guns, swords, powders, gas sprayers, electronic shock machines or crossbows without permission, except in the following cases: <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4369, May 31, 1991; Act No. 4989, Dec. 6, 1995>
| 1. | Where it is permitted to possess the guns, swords, powders, gas sprayers, electronic shock machines and crossbows for performing duties under Acts and subordinate statutes; |
| 2. | Where the maker as prescribed in Article 4 (1) or (2) possesses guns, swords, powders, gas sprayers, electronic shock machines and crossbows made by himself;
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| 3. | Where a person who has made the powders under the proviso of Article 4 (3), possesses powders made by himself;
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| 4. | Where a sales agent as prescribed in Article 6 (1) possesses the guns, swords, powders, gas sprayers, electronic shock machines and crossbows;
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| 5. | Where a gun sales agent as prescribed in Article 6 (1) possesses the ball or blank cartridges for guns sold under the proviso to paragraph (2) of the same Article;
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| 6. | Where a person who has obtained the permission on export and import under Article 9 (1) or (2) possesses the guns, swords, powders, gas sprayers, electronic shock machines and crossbows;
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| 7. | Where a person who has obtained the permission on the use of powders as prescribed in Article 18 (1) (including those who may not obtain the permission on the use under the proviso of Article 18 (1)), possesses powders;
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| 8. | Where a person who has obtained the permission on taking over of powders as prescribed in Article 21 (1) (including those who may not obtain the permission of the superintendent of the police station on taking over the powders under the proviso of Article 21 (1)), possess the powders;
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| 9. | Where an employee of the persons falling under any of subparagraphs 2 through 8, possesses the guns, swords, powders, gas sprayers, electronic shock machines and crossbows on his duties; and |
| 10. | Where any person who is determined by the Presidential Decree, possesses the guns, swords, powders, gas sprayers, electronic shock machines and crossbows. |
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| Article 11 (Prohibition of Making, Sale and Possession of Imitation Guns) |
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| (1) | No person shall make, sell or possess those which look almost like the guns and are determined by the Presidential Decree (hereinafter referred to as "imitation guns"), except in case where he makes, sells or possesses the imitation guns for the purpose of export. <Amended by Act No. 4154, Dec. 30, 1989>
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| (2) | Where a person makes the imitation guns for the purpose of export under the proviso of paragraph (1), it shall be reported to the superintendent of the police station having jurisdiction over the seat of the factory, under the conditions as determined by the Ministerial Decree of Government Administration and Home Affairs. <Amended by Act No. 5938, Mar. 31, 1999>
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| Article 12 (Permission for Possession of Guns, Swords, Powders, Gas Sprayers, Electric Shock Machines and Crossbows) |
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| (1) | Where a person who does not fall under any of subparagraphs of Article 10 desires to possess guns, swords, powders, gas sprayers, electronic shock machines and crossbows shall obtain permission from the commissioner of the local police agency having jurisdiction over a domicile in cases of the guns, and the superintendent of the police station having jurisdiction over the domicile in cases of the swords, powders, gas sprayers, electric shock machines or crossbows, respectively, as determined by Ministerial Decree of Public Administration and Security: Provided, That if a person desires to possess hunting guns, gas guns, air guns, anesthetizing guns, guns for slaughter, industrial guns or guns for rescue and lifesaving or their parts, the person shall obtain permission from the superintendent of the police station having jurisdiction over the domicile. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4369, May 31, 1991; Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act No. 6386, Jan. 26, 2001; Act No. 6948, Jul. 29, 2003; Act No. 8852, Feb. 29, 2008>
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| (2) | Where a representative or agent, employee or other servant of a juristic person intends to possess industrial guns, gas guns, gas sprayers or electric shock machines for construction works and security, the representative of the juristic person shall obtain permission from the superintendent of the police station having jurisdiction of the seat of the principal office of the juristic person by specifying the number of industrial guns, gas guns, gas sprayers or electric shock machines to be permitted and persons to possess them. In such cases, permission for possession of gas guns shall be limited to cases where the person to possess them can carry the arms under related Acts and subordinate statutes. <Added by Act No. 4989, Dec. 6, 1995>
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| (3) | The scope of permission for possession of guns, swords, powders, gas sprayers, electric shock machines and crossbows shall be determined by Presidential Decree, by each kind and use. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
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| Article 13 (Disqualification, etc. for Possessors of Guns, Swords, Powders, Gas Sprayers, Electric Shock Machines and Crossbows) |
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| (1) | Any person who falls under any of the following subparagraphs shall not be allowed to obtain permission for possession of guns, swords, powders, gas sprayers, electric shock machines and crossbows: <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995; Act No. 6948, Jul. 29, 2003>
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| 1. | A person who is under 20 years of age: Provided, That this shall not apply to cases where any player or candidate recommended by the president of the Korea Amateur Athletic Association, or the president of the Seoul Special Metropolitan City, Metropolitan City or Do amateur athletic association, desires to possess any rifle for shooting match;
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| 2. | An insane person, narcotic, hemp, psychotropic drug or alcohol addict, or other mentally defective person equivalent thereto; |
| 3. | A person who has been sentenced to imprisonment without prison labor or a heavier punishment and whom three years have yet to elapse from the date on which the execution of the sentence is terminated (including cases where that the sentence is deemed terminated) or exempted; |
| 4. | A person who has been sentenced to a fine for violating the provisions of this Act and for whom three years have yet to elapse from the date on which the person is sentenced to such fine; |
| 6. | A person who has been sentenced to a stay of the execution of imprisonment without prison labor or a heavier punishment for contravention of the provisions of this Act, and for whom one year has not elapsed after the execution stay period is terminated; |
| 7. | A person for whom one year has not elapsed after the person is subject to a disposition of revocation of permission, as prescribed in Article 45 or 46 (1) .
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| (2) | Where deemed that a person may cause harm to another person's life and property or the public security, even if the person does not fall under any of subparagraphs of paragraph (1) , the commissioner of the local police agency or the superintendent of the police station may refuse to grant him/her permission for possession of guns, swords, powders, gas sprayers, electric shock machines and cross bows. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4369, May 31, 1991; Act No. 4989, Dec. 6, 1995>
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| (3) | With respect to disguised guns, swords, powders, gas sprayers, electronicric shock machines and crossbows, or any guns, swords, powders, gas sprayers, electric shock machines and crossbows the structure and function of which fail to meet the standards determined by Ministerial Decree of Public Administration and Security, the commissioner of the local police agency or the superintendent of police station shall not grant permission for possession thereof. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4369, May 31, 1991; Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| Article 14 (Special Case of Permission to Person Participating in International Match) |
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| (1) | Any person who enters or departs the country to participate in an international shooting, hunting or martial arts match which is held at home or abroad, shall obtain the permission of the commissioner of the local police agency having jurisdiction over the seat of the immigration port, on the temporary export or import, and possession, of the guns, swords and crossbows, to be used at such match (in case of a permission on temporary possession, it shall be limited to foreigners; hereinafter the same shall apply), under the conditions as determined by the Ministerial Decree of Government Administration and Home Affairs. <Amended by Act No. 4369, May 31, 1991; Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999>
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| (2) | The commissioner of the local police agency may, upon receiving an application for permission as referred to in paragraph (1), grant the permission on the temporary export, import, or possession, with a period fixed. <Amended by Act No. 4369, May 31, 1991>
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| Article 15 (Special Case on Permission for Possession of Guns) |
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Articles 10, 18, 21 and 25 shall not be applicable to ball cartridges, blank cartridges, detonating caps for guns, signal detonating caps, signal torpedoes, signal rockets, signal fire-processed articles or starting powder, whose quantity is determined by Ministerial Decree of Public Administration and Security, which a person holding permission for possession of guns under Article 12 or 14 possess to use for permitted purposes. <Amended by Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| Article 16 (Renewal of Permission for Possession of Guns) |
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| (1) | Any person with permission for possession of the guns as prescribed in Article 12 shall have it renewed every five years from the date on which he/she obtains it.
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| (2) | The procedure for renewal of permission as referred to in paragraph (1) , and other necessary matters shall be determined by Ministerial Decree of Public Administration and Security. <Amended by Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| Article 17 (Restriction on Carrying, Transport, Use, Remodeling etc. of Guns, Swords, Gas Sprayers, Electronic Shock Machines and Cross bows) |
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| (1) | Any person holding the permission on possession of guns, swords, powders, gas sprayers, electronic shock machines and crossbows as prescribed in Article 12 or 14, shall not carry with himself or transport them except in case where he intends to use them for the permitted purpose, or there is any justifiable reason. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
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| (2) | Any person holding the permission on possession of guns, swords, powders, gas sprayers, electronic shock machines and crossbows as referred to in paragraph (1), shall not use them unless they are used for the permitted purpose or there is any justifiable reason. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
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| (3) | Where a person holding the permission on possession of the guns as referred to in paragraph (1) keeps, carries with himself, or transports them, he shall not charge them with any ball or blank cartridges, and shall put them in the case or pack them. <Amended by Act No. 4989, Dec. 6, 1995>
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| (4) | Any person holding the permission on possession of the guns as referred to in paragraph (1), shall not remodel it at his option to alter its performance. <Added by Act No. 3876, Dec. 31, 1986>
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| (5) | Deleted. <by Act No. 6948, Jul. 29, 2003>
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| Article 18 (Use of Powders) |
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| (1) | Any person who desires to blast or burn powders shall obtain permission for the use of powders from the superintendent of the police station having jurisdiction over the place where the powders are to be used, as determined by Ministerial Decree of Public Administration and Security: Provided, That the foregoing shall not apply to persons who mine the minerals pursuant to the provisions of the Mining Industry Act, and persons determined by Presidential Decree. <Amended by Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| (2) | Where a person who has obtained permission for use of the powders as referred to in paragraph (1) (hereinafter referred to as "powders user") desires to use the powders for any purpose, other than the permitted purpose, the person shall obtain permission anew on the use of powders as referred to in paragraph (1) . |
| (3) | Where the object, place, date, time, quantity or method of the use of powders is deemed inappropriate, or is deemed to undermine the maintenance of the public security, the superintendent of the police station shall not grant permission as referred to in paragraph (1) or (2) . |
| (4) | The blasting and burning of powders shall be conformed to the technical criteria determined by Presidential Decree. |
| (5) | Article 13 (1) and (2) shall be applicable to permission as referred to in paragraphs (1) and (2) . <Amended by Act No. 4989, Dec. 6, 1995>
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| Article 19 (Prohibition of Handling) |
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Any person falling under any of the following subparagraphs, shall not handle the guns, swords, powders, gas sprayers, electronic shock machines and crossbows (referred to as making, selling, giving, receiving, loading, carrying, storing, possessing, using, discarding, and so on; hereinafter the same shall apply), and no person shall have him handle them: <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995; Act No. 6948, Jul. 29, 2003>
| 1. | Person who is under eighteen years of age, except in case where any player or candidate recommended by the president of the Korea Amateur Athletic Association or the Seoul Special Metropolitan City/Metropolitan City/Do amateur athletic association, possesses the rifle for shooting match and crossbows; and
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| Article 20 (Discarding of Gunpowder) |
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| (1) | Any person who desires to discard the powders, shall make a report to the superintendent of the police station having jurisdiction over the place where he desires to discard them, under the conditions as determined by the Ministerial Decree of Government Administration and Home Affairs: Provided, That this shall not apply in case where a maker discards any powders produced in the making process in the factory. <Amended by Act No. 5938, Mar. 31, 1999>
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| (2) | Where it is deemed that the place, date, time, quantity, method, and so on of discarding of the powders, is not proper, or that it is obstacle to the maintenance of the public security, the superintendent of the police station may order a suspension of the discarding of powders. |
| (3) | The discarding of powders shall be conformed to such technical criteria as determined by the Presidential Decree. |
법령보기 화면
| Article 21 (Restriction on Handover and Takeover, etc.) |
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| (1) | Any person who desires to hand over or take over powders shall obtain permission from the superintendent of the police station having jurisdiction over his/her domicile or the place where the powders are used, as determined by Ministerial Decree of Public Administration and Security: Provided, That this shall not apply to any of the following cases: <Amended by Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act No. 6948, Jul. 29, 2003; Act No. 8852, Feb. 29, 2008>
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| 1. | Where a maker takes over the powders for the purpose of manufacturing them, or hands over the powders made; |
| 2. | Where a sales agent takes or hands over the powders for the purpose of selling them; |
| 3. | Where a person holding a permission for the export and import of powders takes or hands over the powders in connection with the export and import; |
| 4. | Where a person holding a permission for possession of the guns takes over the powders not more than such quantity as determined by Presidential Decree, for shooting or hunting; |
| 5. | Where a person who mines minerals under the Mining Act takes over the powders not more than such quantity as determined by Presidential Decree, for the purpose of mining the minerals; |
| 6. | Where the business manufacturing and selling powders or a powder storage place is handed or taken over. |
| (2) | Where it is deemed that the object of taking or handing over the powders is not obvious, or that it is obstacle to the maintenance of the public security, the superintendent of the police station shall not grant permission as referred to in paragraph (1) . |
| (3) | A maker or sales agent of powders, or any person holding permission for import of powders shall not hand over the powders to persons, other than those who have obtained permission for taking over under paragraph (1) or who need not any permission for taking over under the proviso to paragraph (1) , and no one shall take over the powders from any person other than a maker, sales agent or person holding permission for import or person who has obtained permission for handing over under paragraph (1) . |
| (4) | Any maker, sales agent, or person holding permission for import or possession of guns, swords, powders, gas sprayers, electronic shock machines and crossbows shall neither hand them over to a person, other than a maker, sales agent or person holding permission for import or possession, nor take them over from a maker, sales agent, or person holding permission for import or possession: Provided, That the same shall not apply to cases where the business of making guns, swords, gas sprayers, electric shock machines and crossbows or the business of selling them is handed or taken over. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995; Act No. 6948, Jul. 29, 2003>
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| (5) | With regard to guns, swords, gas sprayers, electric shock machines and crossbows, any maker, sales agent, person holding permission for export or import, or person holding permission for possession shall be prohibited from renting them to or from other persons, respectively. <Added by Act No. 6948, Jul. 29, 2003>
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| Article 22 (Implementation of Education) |
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| (1) | Any person who desires to obtain the permission on possession of the guns (limited to the hunting and air guns) and crossbows and person who desires to obtain the license for person in charge of powders making security or control security as prescribed in Article 28, shall receive the education on the following matters, conducted by the commissioner of the local police agency or the superintendent of the police station who grants the permission or license, before obtaining it: Provided, That if a person who is determined by the Presidential Decree, desires to obtain the permission on possession of guns and crossbows he may be exempted from the education or may have him receive the education after obtaining it: <Amended by Act No. 3876, Dec. 31, 1986; Act No. 4154, Dec. 30, 1989; Act No. 4369, May 31, 1991; Act No. 4989, Dec. 6, 1995; Act No. 6386, Jan. 26, 2001>
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| 1. | Acts and subordinate statutes relating to the guns, swords, powders and crossbows; |
| 2. | Practical skill on the use, safe keeping and handling of the hunting guns, air guns and crossbows; and |
| 3. | Practical skills on the safety control over the making and handling of the powders. |
| (2) | The commissioner of the local police agency or the superintendent of the police station who grants the permission or license, shall deliver a certificate for the course completed, to those who have completed the curricula as referred to in paragraph (1). <Amended by Act No. 3876, Dec. 31, 1986; Act No. 4369, May 31, 1991>
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| (3) | The commissioner of the local police agency or the superintendent of the police station who grants the permission or license, may entrust the Guns and Powders Safety Techniques Association as prescribed in Article 48, or any other person who is determined by the Ministerial Decree of Government Administration and Home Affairs, with all or part of the affairs concerning the education as referred to in paragraph (1). <Amended by Act No. 3876, Dec. 31, 1986; Act No. 4369, May 31, 1991; Act No. 5938, Mar. 31, 1999>
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| Article 23 (Report, etc. on Finding and Picking Up) |
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Where a person finds or picks up any guns, swords, powders, gas sprayers, electronic shock machines and crossbows which are deemed lost, buried or not managed lawfully, he shall report it to the nearest national police station within 24 hours from the time when he makes such finding and shall not touch, move, beat or dismantle them without instruction of the national police officer (including the combatant policeman; hereinafter the same shall apply). <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995; Act No. 6948, Jul. 29, 2003; Act No. 7849, Feb. 21, 2006>
CHAPTER IV MANAGEMENT OF GUNS,SWORDS, POWDERS, GAS SPRAYERS, ELECTRIC SHOCK MACHINES AND CROSSBOWS
법령보기 화면
| Article 24 (Storage of Powders) |
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| (1) | The powders shall be stored at the powders storage place as prescribed in Article 25, and conformed to such storing method and quantity as determined by the Presidential Decree, and other technical standards necessary for preventing any accident, except in case of the powders less than such quantity as determined by the Presidential Decree.
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| (2) | The powders makers and sales agents shall install the powders storage place for their exclusive use. |
법령보기 화면
| Article 25 (Permission on Installation of Powders Storage Place) |
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| (1) | Any person who desires to install a powders storage place, shall obtain the permission of the commissioner of the local police agency or the superintendent of the police station having jurisdiction over the place where it is installed, depending on the classification by category of the powders storage place as determined by the Presidential Decree. This provision shall also apply in case where he desires to change the location, structure, or equipment of the powders storage place. <Amended by Act No. 4369, May 31, 1991>
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| (2) | In case where the commissioner of the local police agency or the superintendent of the police station receives the application for permission as referred to in paragraph (1), if the structure, location and equipment of the storage place is unconformed to such standards as determined by the Presidential Decree, he shall not grant the permission. <Amended by Act No. 4369, May 31, 1991>
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| (3) | The provisions of Article 5 shall apply mutatis mutandis to the case of the permission on installation of the powders storage place.
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| (4) | In the event that 6 months have yet to elapse from the time when the permission for installing any powders storage place is revoked under Article 45 (2) and it is intended to install a powders storage place at the sam place, the permission referred to in paragraph (1) shall not be granted. <Added by Act No. 6948, Jul. 29, 2003>
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| (5) | Any person who has obtained the permission on installation of a powders storage place (hereinafter referred to as "powders storage place installer") shall not entrust another person with the management of the powders storage place, or lend it to him. |
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| Article 25-2 (Succession to Status of Powders Storage Place Installer) |
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The provisions of Article 4-2 shall apply mutatis mutandis to the succession to the status of any powders storage place installer. In this case, the "making industry" shall be deemed the "powder storage place", the "maker" the "powders storage place installer" and the "Commissioner General of the National Police Agency or the commissioner of the local police agency", the "commissioner of the local policy agency or the superintendent of police station", respectively.
[This Article Added by Act No. 6948, Jul. 29, 2003]
법령보기 화면
| Article 26 (Transport of Powders) |
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| (1) | Any person who desires to transport powders shall report it to the superintendent of the police station having jurisdiction over the forwarding place, as determined by Ministerial Decree of Public Administration and Security: Provided, That the same shall not apply to cases where the person transports the powders not more than such quantity as determined by Presidential Decree. <Amended by Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| (2) | The superintendent of the police station shall, upon receiving the report on transport as referred to in paragraph (1) , deliver the certificate of powders transport report, as determined by Ministerial Decree of Public Administration and Security. <Amended by Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| (3) | Any person transporting powders shall carry with himself/herself the certificate of powders transport report delivered under paragraph (2) . |
| (4) | When transporting powders, the loading and transporting methods, the route and mark of transport, etc. thereof, shall comply with such technical criteria determined by Presidential Decree, and to the direction stated in the certificate of powders transport report as referred to in paragraph (2) : Provided, That the same shall not apply to transport by railway, ship and aircraft.
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| Article 27 (Appointment of Person in Charge of Powders Manufacturing Security or Control Security) |
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| (1) | Any powders maker shall appoint a person in charge of powders manufacturing security or a person in charge of powders control security, and any powders sales agent, powders repository installer and powders user of not less than such quantity as determined by Presidential Decree, a person in charge of powders control and security respectively shall appoint from among those holding the license as prescribed in Article 28. |
| (2) | When a person in charge of powders manufacturing security or control security is appointed under paragraph (1) , it shall be reported to the permissiongranting agency, as determined by Ministerial Decree of Public Administration and Security. This shall also apply in cases where the person is dismissed. <Amended by Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| (3) | Where a person in charge of powders manufacturing security or control security as referred to in paragraph (1) falls under a cause of disqualification as prescribed in Article 29 (1) , or violates this Act or any order issued under this Act, a permission-granting agency may order to dismiss him/her. |
| (4) | The criteria for appointment of the person in charge of powders manufacturing security or control security and other necessary matters shall be determined by Presidential Decree. |
법령보기 화면
| Article 28 (License for Person in Charge of Powders Manufacturing Security and Control Security) |
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| (1) | Any person who has acquired qualification for the powders manufacturing engineer or technician, or for the powders control engineer as prescribed by the National Technical Qualifications Act may obtain the license to take charge of powders manufacturing security or control security granted by the commissioner of the local police agency, as determined by Ministerial Decree of Public Administration and Security. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4369, May 31, 1991; Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| (2) | Any person holding no license as referred to in paragraph (1) may not be the person in charge of powders manufacturing security or control security. |
| (3) | Matters necessary for the categories of license for the person in charge of powders manufacturing security or control security and the qualifications for acquiring the license shall be determined by Presidential Decree. |
| (4) | Any person who has obtained the license as referred to in paragraph (1) shall renew it every five years after the person has obtained it, as determined by Ministerial Decree of Public Administration and Security. <Amended by Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| Article 29 (Disqualifications for Person in Charge of Powders Making Security or Control Security) |
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| (1) | Any person who falls under any of the following subparagraphs, shall not obtain the license for the person in charge of powders making security or control security: <Amended by Act No. 4154, Dec. 6, 1995; Act No. 6948, Jul. 29, 2003>
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| 1. | A person under 20 years of age; |
| 2. | A person who is color-blind or -weak, blind, deaf, dumb, or whose arms and legs are not convenient to move; |
| 3. | A person for whom one year has not elapsed after the license is revoked under Article 30 (1) (except for paragraph 2) (except for persons whose license is revoked in violation of Article 28 (4)); and
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| 4. | A person who falls under Article 13 (1) 2 through 7.
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| (2) | The provisions of Article 13 (2) shall apply mutatis mutandis to the license for the person in charge of powders making security or control security.
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| Article 30 (Revocation and Suspension of License) |
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| (1) | Where a person who has obtained the license for the person in charge of powders making security or control security falls under any of the following subparagraphs, the licensing agency may revoke the license, or suspend the effect of the license with a period fixed within the limit of six months: Provided, That if he falls under subparagraphs 1 through 4, the license shall be revoked:
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| 1. | Where it is turned out the fact that he has obtained the license by a deceitful or other unlawful way; |
| 3. | Where he falls under disqualifications as prescribed in Article 29 (1);
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| 4. | Where he has lent the license to another person; |
| 5. | Where he has caused on purpose or by grave negligence an accident, such as explosion, and so on in handling the powders, and killed or injured a person; |
| 6. | Where there is a considerable reason to believe that it might be prejudicial to the public peace and order; and |
| 7. | Where he violates this Act or any order issued under this Act. |
| (2) | Where a person who has obtained the license for the person in charge of powders making security or control security has his qualification suspended pursuant to the National Technical Qualifications Act, the licensing agency shall suspend the effect of the license for the suspended period. <Added by Act No. 4789, Dec. 6, 1995>
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| Article 31 (Liability, etc. of Person in Charge of Powders Making Security or Control Security) |
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| (1) | The person in charge of powders making security shall take charge of the matters concerning the work of making the powders and the person in charge of powders control security matters concerning the handling in general (excluding the making) of the powders respectively, but shall carry out faithfully the supervisory service on the safety as prescribed by the Presidential Decree. |
| (2) | Those who handle the powders, shall comply with the safety direction and control of the person in charge of powders making or control and security. |
법령보기 화면
| Article 32 (Stability Test of Powders) |
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| (1) | Any person who has made or imported the powders, or who possesses the powders at the expiration of such period as determined by the Presidential Decree after making or importing them shall test the stability thereof under the conditions as determined by the Presidential Decree. |
| (2) | Any person who has tested the stability under paragraph (1), shall report the result of test to the commissioner of the local police agency. <Amended by Act No. 4369, May 31, 1991>
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| (3) | Where it is deemed necessary for preventing any accident, the commissioner general of the National Police Agency or the commissioner of the local police agency may order the owner of the powders to conduct the stability test as referred to in paragraph (1). <Amended by Act No. 4369, May 31, 1991>
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| (4) | The powders which are turned out unconformed to such technical criteria as determined by the Presidential Decree, as a result of the stability test as referred to in paragraphs (1) and (3), shall be discarded. |
법령보기 화면
| Article 33 (Measures for Remained Powders) |
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Any person who is entitled to possess or use the powders under this Act or pursuant to the provisions of other Acts, shall hand over or discard without delay the remained powders, if the permission is revoked, or it is not required to possess or use them.
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| Article 34 (Packing, etc. of Powders) |
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| (1) | The packing of the powders shall comply with the packing standards of the powders, as determined by Ministerial Decree of Public Administration and Security. <Amended by Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| (2) | Guns, swords, powders, gas sprayers, electric shock machines and crossbows shall not be possessed, stored, transported or forwarded in disguise or packed by mixing with other things. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
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| Article 35 (Report on Theft and Loss) |
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If any guns, swords, powders, gas sprayers, electronic shock machines and crossbows are stolen or lost, the owner or manager shall report it without delay to the national police agency. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995; Act No. 7849, Feb. 21, 2006>
법령보기 화면
| Article 36 (Emergency Measures, etc.) |
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Where the stability of the powders is abnormal, or if it is the most urgent because a fire or other dangerous situation happens in the vicinity of the powders storage place, the owner or manager of the powders, or the powders storage place installer, shall take any emergency measures and report it to the national police agency, under the conditions as determined by the Presidential Decree. <Amended by Act No. 7849, Feb. 21, 2006>
법령보기 화면
| Article 37 (Prohibition, etc. of Handling of Fire or Smoking) |
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| (1) | Any person shall not handle any kindling charcoal or smoke at a place other than designated one in the factory, sales agency, storage place or other dealership of the powders. |
| (2) | No person shall enter the factory, sales agency, storage place or other dealership of the powders as referred to in paragraph (1), with inflammables without approval of the manager. |
법령보기 화면
| Article 38 (Danger and Injury Preventive Rules) |
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| (1) | The maker of guns, swords, powders, gas sprayers, electronic shock machines and crossbows shall determine the danger and injury preventive rules in conformity with such standards as determined by Ministerial Decree of Government Administration and Home Affairs, to obtain the approval of the director of the local police agency. This provision shall also apply in case where he desires to modify it. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4369, May 31, 1991; Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999>
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| (2) | Where the danger and injury preventive rules as referred to in paragraph (1) are unconformed to the standards of the facilities and techniques as to the manufacture of guns, swords, powders, gas sprayers, electronic shock machines and crossbows prescribed in Article 4 (5), or it is deemed unfit to prevent any accident, the commissioner of the local police agency shall not grant the approval. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4369, May 31, 1991; Act No. 4989, Dec. 6, 1995; Act No. 6948, Jul. 29, 2003>
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| (3) | Where it is deemed necessary for preventing any accident and for maintaining the public security, the commissioner of the local police agency may order a modification of the danger and injury preventive rules. <Amended by Act No. 4369, May 31, 1991>
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| (4) | The maker of the guns, swords, powders, gas sprayers, electronic shock machines and crossbows, and his employees shall observe the danger and injury preventive rules. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
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| Article 39 (Self-Safety Education) |
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| (1) | Any maker of guns, swords, powders, gas sprayers, electric shock machines and crossbows shall set up a self-safety education program for its employees in conformity with such standards, as determined by Ministerial Decree of Public Administration and Security and obtain the approval of the commissioner of the local police agency. This shall also apply in cases where the maker desires to modify such programs. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4369, May 31, 1991; Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| (2) | Where the safety education programs as referred to in paragraph (1) are deemed unfit to such standards, as determined by Ministerial Decree of Public Administration and Security, the commissioner of the local police agency shall not approve such programs. <Amended by Act No. 4369, May 31, 1991; Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| (3) | The maker of guns, swords, powders, gas sprayers, electric shock machines and crossbows shall faithfully conduct the safety education according to the safety education programs approved under paragraph (1) . <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
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| (4) | Where it is deemed particularly necessary to prevent accidents, the commissioner of the local police agency may also order those who use lots of powders, or use the powders consecutively for a considerable period to establish a plan for self-safety education. In such cases, paragraphs (1) through (3) shall apply mutatis mutandis. <Amended by Act No. 4369, May 31, 1991>
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| Article 40 (Self-Safety Check) |
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| (1) | Any powders repository installer shall make a plan for self-safety check in conformity with such standards as determined by Ministerial Decree of Public Administration and Security, and conduct the check, but submit the plan for safety check to the permission-granting agency. This shall also apply in cases where the installer desires to modify it. <Amended by Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| (2) | The plan for self-safety check as referred to in paragraph (1) shall include the regular checks not less than the frequency as determined by Presidential Decree, and when the regular check is finished, the result of inspection shall be reported without delay to the permission granting agency. |
| (3) | The commissioner of the local police agency or the superintendent of the police station may, if necessary, have any public official concerned participate in the self-safety check as referred to in paragraph (1) . |
법령보기 화면
| Article 41 (Regular Safety Inspection) |
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Any maker and sales agent of guns, swords, powders, gas sprayers, electronic shock machines and crossbows, or powders storage place installer shall undergo the safety inspection conducted each year regularly by the permission-granting agency, under the conditions as determined by the Presidential Decree. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
법령보기 화면
| Article 42 (Inspection on Guns, Gas Sprayers, electric shock machines and Crossbows) |
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| (1) | Among guns, gas sprayers, electric shock machines and crossbows made by persons holding permission for the making industry thereof under Article 4, and the guns, gas sprayers, electric shock machines and crossbows imported by those holding permission for import thereof under Article 9, persons as prescribed by Presidential Decree shall undergo the inspection of the Commissioner General of the National Police Agency. <Added by Act No 3876, Dec. 31, 1986; Act No. 4154, Dec. 30, 1989; Act No. 4369, May 31, 1991; Act No. 4989, Dec. 6, 1995>
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| (2) | The structure, marks of passing the performance test, inspection fee, of the guns, gas sprayers, electric shock machines and crossbows, which are the criteria of the inspection as referred to in paragraph (1) , and other matters necessary for the inspection shall be determined by Ministerial Decree of Public Administration and Security. <Added by Act No. 3876, Dec. 31, 1986; Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| (3) | Where it is deemed necessary, the Commissioner General of the National Police Agency may entrust the Guns and Powders Safety Techniques Association, as prescribed in Article 48, with the inspection affairs as referred to in paragraph (1) . In such cases, the matters necessary for carrying out the inspection affairs, such as the standards of facilities to be provided by the Guns and Powders Safety Techniques Association, and the standards of qualification for the person to con duct the inspection affairs etc. shall be determined by Ministerial Decree of Public Administration and Security. <Added by Act No. 3876, Dec. 31, 1986; Act No. 4369, May 31, 1991; Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| (4) | Where the inspection on the guns, gas sprayers, electric shock machines and crossbows is entrusted under paragraph (3) , the officers and employees of the Guns and Powders Safety Techniques Association, who conduct the inspection affairs shall be considered as public officials in the application of Articles 129 through 132 of the Criminal Act. <Added by Act No. 3876, Dec. 31, 1986; Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
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| (5) | Any guns, gas sprayers, electric shock machines and crossbows with no mark of passing the inspection conducted under paragraph (1) , shall not be sold or displayed for sale. <Added by Act No. 3876, Dec. 31, 1986; Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
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| (6) | Where it is deemed necessary to examine as to whether it is appropriate for an owner of guns, gas sprayers, electric shock machines and crossbows with permission to possess them, the permission-granting agency may conduct an inspection on such guns, gas sprayers, electric shock machines and crossbows, as determined by Ministerial Decree of Public Administration and Security. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| (7) | Any person who has obtained permission for possession of the guns, gas sprayers, electric shock machines and crossbows shall undergo the inspection on the guns as referred to in paragraph (6) . <Amended by Act No. 3876, Dec. 31, 1986; Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
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| Article 43 (Inspection on Completion) |
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Any maker or sales agent of the guns, gas sprayers, electronic shock machines and crossbows, and powders storage place installer shall undergo the inspection of the permission-granting agency on the facilities or equipment thereof within 1 year from the date of obtaining the relevant permission, and may not commence a business or use the facilities or equipment without passing the inspection: Provided, That in case of unavoidable reasons, such period may be extended, but it shall not exceed 1 year. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995; Act No. 6386, Jan. 26, 2001>
법령보기 화면
| Article 44 (Access, Inspection, etc.) |
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| (1) | Where it is deemed necessary for preventing any accident or maintaining the public safety, the permission-granting agency may have any public official concerned enter the factory or sales agency of the guns, gas sprayers, electronic shock machines and crossbows, the powders storage or using place, or other necessary places, to inspect books, documents, and other necessary things, or ask any questions of the interested persons. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
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| (2) | Any public official who is engaged in the access and inspection under paragraph (1), shall carry with himself a certificate indicating his competence and show it to the interested person. |
| (3) | Where it is deemed necessary for preventing any accident or maintaining the public safety, the permission-granting agency may have any maker and sales agent of the guns, gas sprayers, electronic shock machines and crossbows, the person holding the permission on import thereof, the person holding the permission on possession of the guns, gas sprayers, electronic shock machines and crossbows, the powders storage place installer, or the powders user and so on make a necessary report. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
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| Article 45 (Administrative Disposition against Makers, etc.) |
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| (1) | Where a maker or sales agent of the guns, gas sprayers, electronic shock machines and crossbows falls under any of the following subparagraphs, the permission-granting agency under Article 4 (1) or (2) and 6 (1) shall revoke the permission: Provided, That in the cases as referred to in subparagraphs 5 through 7, it may order a suspension of business with a specified period fixed within the limit of six months: <Amended by Act No. 3876, Dec. 31, 1986; Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999>
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| 1. | Where he has obtained the permission by a deceitful or other unlawful way; |
| 1-2. | When the guns, swords, powders, gas sprayers, electronic shock machines and crossbows manufactured for the purpose of export without being applied to the structure and performance standards under the provisions of Article 3 (4) are sold or flown out within the country;
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| 2. | Where he fails to provide the making or sales facilities or equipment as prescribed in Article 4 or 6, or he falls under disqualifications as prescribed in Article 5 (including the case where it is applicable under Article 7);
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| 3. | Where he has failed to undergo the completion inspection as prescribed in Article 43;
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| 4. | Where he has suspended the business for one or more years after commencing the business, without any justifiable reason; |
| 5. | Where he fails to commence the business within the designated time limit; |
| 6. | Where there is any good reason to believe that it might be prejudicial to the public peace and order; and |
| 7. | Where he violates this Act or any order issued under this Act. |
| (2) | The provisions of paragraph (1) shall apply mutatis mutandis to the powders storage place installer as prescribed in Article 25. <Amended by Act No. 3876, Dec. 31, 1986>
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| Article 45-2 (Succession of Effect of Administrative Disposition) |
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| (1) | In the event that the status of any maker or sales agent is succeeded under Articles 4-2 and 6-2, the effect of any administrative disposition taken against the previous maker or the sales agent on the grounds of their violation of the provisions of Article 45 (1) shall be succeeded to any transferee and successor by the date on which the term 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: Provided, That the same shall not apply to the case where the transferee (excluding to any person who succeeds by inheritance) does not know the administrative disposition and the fact of violation at the time he succeeds the business.
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| (2) | In the event that the succession of the status of any powders storage place installer takes place under Article 25-2, the provisions of paragraph (1) shall apply mutatis mutandis to the succession of the effect of an administrative disposition taken on the previous powders storage place installer.
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[This Article Added by Act No. 6948, Jul. 29, 2003]
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| Article 46 (Administrative Dispositions in Relation to Those Holding Permission on Possession of Guns, etc.) |
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| (1) | Where a person holding permission for possession (referring to a person specified to possess in cases under Article 12 (2) ) of guns, gas sprayers, electric shock machines and crossbows, or powders user falls under any of the following subparagraphs, permission-granting agency as prescribed in Articles 12 (1) and (2) , 14, 18 (1) and (2) shall revoke permission. In such cases, where a representative of a juristic person has obtained permission for possession under Article 12 (2) , the permission on part of the number of the permitted industrial guns, gas guns, gas sprayers or electric shock machines shall be revoked as determined by Presidential Decree: <Amended by Act No. 3876, Dec. 31, 1986; Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995; Act No. 6948, Jul. 29, 2003; Act No. 7849, Feb. 21, 2006>
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| 1. | Where the person falls under disqualifications prescribed in Article 13 (1) ;
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| 2. | Where the person violates Article 17 (1) , (2) or (4) ;
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| 3. | Where 30 days have elapsed since he/she reported to the national police agency because he/she had guns, gas sprayers, electric shock machines and crossbows stolen or had lost them; |
| 4. | Where the person violates this Act or any order issued under this Act. |
| (2) | When the permission-granting agency has revoked permission under paragraph (1) , it shall order presentation of guns, gas sprayers, electric shock machines and crossbows and hold temporarily them in the agency, by the decision of court or public prosecutor, except in cases where such guns, gas sprayers, electric shock machines and crossbows are confiscated or reverted to the national treasury. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
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| (3) | Any person who has any guns, gas sprayers, electric shock machines and crossbows held temporarily under paragraph (2) , or who has presented them to the permission-granting agency for an unlawful possession or use, or other reason shall take any measures for waiving the ownership to them, such as transfer or donation to a third person entitled to possess and use them lawfully, or discard them etc. within six months. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
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| (4) | Any person who has received or been donated under paragraph (3) , and has obtained permission for possession of the guns, gas sprayers, electric shock machines and crossbows may request a permission-granting agency to return them, as determined by Ministerial Decree of Public Administration and Security. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| (5) | Where a person liable for taking the measure to waive the ownership of the guns, gas sprayers, electric shock machines and crossbows within six months under paragraph (3) fails to fulfill the obligation, or the person''s whereabouts is not unknown, the permission-granting agency may make a notice of demand or public notice on the settlement of such guns, gas sprayers, electric shock machines and crossbows for a specified period, as determined by Ministerial Decree of Public Administration and Security. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| (6) | If no request for return of the guns, gas sprayers, electric shock machines and crossbows is made, even after six months have elapsed from the date of the completion of the proceeding period as determined by the notice of demand or public notice in accordance with of paragraph (5) , or they are likely to be decomposed or deteriorated after the lapse of proceeding period, or it is difficult to keep them continuously because considerable expenses are needed for safekeeping them, they may be put on sale: Provided, That if it is impossible to sell them, or there is no person who desires to buy them, they may be discarded. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
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| (7) | The proceeds of sale of the guns, gas sprayers, electronic shock machines and crossbows as referred to in paragraph (6) shall be returned to the rightful person, and if the rightful person fails to request the return even at the expiration of six months after the completion of the proceeding period, they shall be reverted to the national treasury, as determined by Presidential Decree: Provided, That if the proceeds of sale are returned, the expenses for the safekeeping and sale shall be deducted therefrom. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
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| Article 46-2 (Hearing) |
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Where a licensing agency or permission-granting agency desires to make such a disposition falling under any of the following subparagraphs, it shall hold a hearing:
| 1. | Revocation of the licenses, given under Article 30 (1), of the person in charge of powders making security or control security;
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| 2. | Revocation of permission, given under Article 45, of the makers or sales agents of the guns, swords, powders, gas sprayers, electronic shock machines and crossbows; and
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| 3. | Revocation of permission, given under Article 46 (1) of the persons holding the permission on possession of the guns, swords, powders, gas sprayers, electronic shock machines and crossbows or powders users.
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[This Article Wholly Amended by Act No. 5453, Dec. 13, 1997]
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| Article 47 (Measures, and so on for Public Safety) |
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| (1) | If it is deemed necessary for preventing any accident or maintaining the public safety, the permission-granting agency may issue or take the following order or measures: <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
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| 1. | Revocation of the permission on possession of the guns, gas sprayers, electronic shock machines and crossbows, the permission on use, transfer or takeover of the powders, or restriction on the transport of powders; |
| 2. | Prohibition of the use of all or part of the facilities, or removal or supplement of facilities, or other corrective measures, against any maker or sales agent of the guns, gas sprayers, electronic shock machines and crossbows, or the powders storage place installer, or the powders user; |
| 3. | Temporary prohibition or restriction on the making, sale, receipt and transfer, export and import, loading, transport, storage, possession, use or discard, against any maker and sales agent of the guns, swords, powders, gas sprayers, electronic shock machines and crossbows, person holding the permission on export and import or on possession, powders storage place installer, powders user, or other handler; |
| 4. | Order of change or discard of the powders storage place to any owner or possessor of the powders, or order for safe transport to a person who desires to transport the powders; and |
| 5. | Order for safety and protection of the facilities to any maker or sales agent of the guns, gas sprayers, electronic shock machines and crossbows, or any powder storage place installer. |
| (2) | Where it is deemed necessary for taking the measures as referred to in paragraph (1) 1 through 3, the permission-granting agency may order to keep guns, gas sprayers, electronic shock machines and crossbows in a place as designated by the permission-granting agency. In this case, necessary matters concerning the objects subject to safekeeping, returning methods and period of safekeeping and so on shall be determined by the Presidential Decree. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995; Act No. 5201, Dec. 30, 1996>
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| (3) | Any person who possesses the guns, gas sprayers, electronic shock machines and crossbows shall observe the matters prescribed by the Ministerial Decree of Government Administration and Home Affairs other than orders or measures referred to in paragraph (1) and paragraph (2) in order to maintain public safety in connection with the transportation and handling of guns, etc. <Added by Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act No. 6948, Jul. 29, 2003>
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CHAPTER VI GUNS AND POWDERS SAFETY TECHNIQUES ASSOCIATION
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| Article 48 (Establishment of Guns and Powders Safety Techniques Association) |
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| (1) | In order to carry out the research and development of the safety techniques to prevent any danger and accident caused by the guns, gas sprayers, electronic shock machines and crossbows, the education as to the safety of the guns, gas sprayers, electronic shock machines and crossbows, entrusted by the administrative agency, and other affairs, the Guns and Powders Safety Techniques Association (hereinafter referred to as the "Association") shall be established. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
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| (2) | The Association shall be a juristic person. |
| (3) | Matters necessary for the establishment and registration of the Association, shall be determined by the Presidential Decree. |
법령보기 화면
| Article 49 (Members) |
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The makers and sales agents of the guns, gas sprayers, electronic shock machines and crossbows, those holding the permission on possession thereof (excluding those holding the permission on possession of the gas sprayers, electronic shock machines or crossbows) powders storage place installers, powders users, those holding the license for the person in charge of powders making security or control security shall be members of the Association from the date on which they obtain the permission or license under this Act, except those who obtain the temporary permission on export and import or possession of the guns, or temporary powders users, who are prescribed by the articles of association of the Association. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
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| Article 50 (Establishment of Branch Offices) |
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The association may establish its branch offices or affiliated associations under the conditions as determined by the Articles of Association.
법령보기 화면
| Article 51 (Articles of Association) |
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| (1) | The articles of association shall include the following matters: |
| 3. | Seat of its principal office; |
| 4. | Matters concerning its activities; |
| 5. | Matters concerning the board of directors; |
| 6. | Matters concerning the members, officers and employees; |
| 7. | Matters concerning the finance and accounting; |
| 8. | Matters concerning the public notice; and |
| 9. | Matters concerning the modification of the articles of association. |
| (2) | The articles of association as referred to in paragraph (1) shall be approved by the commissioner general of the National Police Agency. This provision shall also apply in case where the articles of association are modified. <Amended by Act No. 4369, May 31, 1991>
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| Article 52 (Activities) |
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The Association shall carry out the following activities: <Amended by Act No. 4154, Dec 30, 1989; Act No. 4369, May 31, 1991; Act No. 4989, Dec. 6, 1995>
| 1. | Technical support, survey and research and study on the safety of the guns, powders, gas sprayers, electronic shock machines and crossbows; |
| 2. | Safety inspection on the guns, gas sprayers, electronic shock machines and crossbows and stability test on the powders; |
| 3. | Research, development and spread on the techniques and facilities of the making, transport, use, storage, and so on of the guns, powders, gas sprayers, electronic shock machines and crossbows; |
| 4. | Enlightenment and public information on the safety thought concerning the guns, powders, gas sprayers, electronic shock machines and crossbows; |
| 5. | Education on the safety and techniques of the guns, powders, gas sprayers, electronic shock machines and crossbows; |
| 6. | Collection of the materials, and publication and dissemination of technical books, and so on as to the guns, powders, gas sprayers, electronic shock machines and crossbows; |
| 7. | Introduction of technology and international cooperation as to the guns, powders, gas sprayers, electronic shock machines and crossbows; |
| 8. | Technical advice on the administrative affairs as to the safety of the guns, powders, gas sprayers, electronic shock machines and crossbows; |
| 9. | Affairs concerning the safety of the guns, powders, gas sprayers, electronic shock machines and crossbows entrusted by the commissioner general of the National Police Agency; and |
| 10. | Other activities necessary for attaining the object of the Association. |
법령보기 화면
| Article 53 (Officers) |
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| (1) | The Association shall have five or less directors including a chairman, and an auditor. |
| (2) | The chairman and the auditor shall be appointed and dismissed by the commissioner general of the National Police Agency, and the directors shall be appointed and dismissed by the chairman with the approval of the commissioner general of the National Police Agency. <Amended by Act No. 4369, May 31, 1991>
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| (3) | The terms of the chairman, directors and the auditor shall be two years. <Amended by Act No. 5201, Dec. 30, 1996>
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| Article 54 (Duties of Officers) |
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| (1) | The chairman 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. |
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| Article 55 (Disqualifications for Officer) |
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No person who falls under any of the following subparagraphs, may be an officer of the Association:
| 1. | Person who is incompetent, quasi-incompetent, or who is declared bankrupt, but not reinstated; |
| 2. | Person who was sentenced to a penalty not lighter than imprisonment without prison labor, and for whom three years have not elapsed after the execution of the sentence is terminated, or non-execution becomes definite; |
| 3. | Person who was sentenced to a stay of execution of a penalty not lighter than imprisonment without prison labor, and for whom one year has not elapsed after the stay of execution period is terminated; |
| 4. | Person who is in the period of stay of a sentence to a penalty not lighter than imprisonment without prison labor; and |
| 5. | Person whose qualification is forfeited or suspended by law or judgment. |
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| Article 56 (Board of Directors) |
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| (1) | In order to take decisions on the important matters of the Association, the board of directors shall be established under the Association. |
| (2) | The board of directors shall be composed of the directors, including the chairman. |
| (3) | The chairman shall convene the board of directors, and preside over it. |
| (4) | The board of directors shall take a decision with attendance of a majority of all directors, and by a concurrent vote of a majority of directors present. |
| (5) | The auditor may attend the board of directors and state his opinion. |
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| Article 57 (Employees) |
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The employees of the Association shall be appointed and dismissed by the chairman, under the conditions as determined by the articles of association.
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| Article 58 (Finance) |
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| (1) | The expenses for the operation and activities of the Association shall be covered by the following sources: <Amended by Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| 1. | Subsidies from the Government and local government; |
| 2. | Fees of the safety inspection of the guns, stability test of the powders, and education, as prescribed by Ministerial Decree of Public Administration and Security; |
| 3. | Contributions from members prescribed by Presidential Decree. |
| (2) | The method and ratio of bearing the contributions as referred to in paragraph (1) 3, and other matters necessary for the contributions shall be determined by Presidential Decree. |
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| Article 59 (Approval, etc. of Work Plan) |
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| (1) | The fiscal year of the Association shall be subject to that of the Government. |
| (2) | The Association shall prepare in advance the work plan each fiscal year and obtain the approval of the commissioner general of the National Police Agency. This provision shall also apply in case where it desires to modify the work plan. <Amended by Act No. 4369, May 31, 1991>
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| Article 60 (Submission of Statement of Accounts) |
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The Association shall prepare each fiscal year a settlement of accounts on revenue and expenditure, and submit it to the commissioner general of the National Police Agency with the inspection of the certified public accountant designated by the commissioner general of the National Police Agency, not later than the end of February in the following year. <Amended by Act No. 4369, May 31, 1991>
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| Article 61 (Supervision) |
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The commissioner general of the National Police Agency shall supervise the Association, and may issue any order necessary for attaining the object of establishment of the Association. <Amended by Act No. 4369, May 31, 1991>
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| Article 62 (Application Mutatis Mutandis of Civil Act)
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Except as provided by this Act, the provisions of the Civil Act concerning the foundation, shall apply mutatis mutandis to the Association.
CHAPTER VII SUPPLEMENTARY PROVISIONS
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| Article 63 (Keeping of Books and Entry Therein) |
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The maker and sales agent of the guns, swords, powders, gas sprayers, electronic shock machines and crossbows, powders storage place installer or powders users shall prepare and keep the books and enter necessary matters therein as determined by the Presidential Decree indicating it at each factory, sales agency or storage place. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
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| Article 64 (Signboard and Other Marks) |
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Any maker and sales agent of the guns, swords, powders, gas sprayers, electronic shock machines and crossbows, and powders storage place installer shall make a signboard or other marks indicating it at each factory, sales agency or storage place. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
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| Article 65 (Permit, etc.) |
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| (1) | When a permission-granting agency or licensing agency grants a permission or license under this Act, it shall deliver a permit or license as determined by Ministerial Decree of Public Administration and Securitys. <Amended by Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| (2) | Where a person with a permit or license delivered under paragraph (1) is subject to disposition of revocation of permission or license, the suspension of business, use, or effect of license, the person shall immediately return the permit or license to the permission-granting or licensing agency, as determined by Ministerial Decree of Public Administration and Security. <Amended by Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| (3) | Where any matter stated in the permit or license is changed, a person who has the permit or license delivered under paragraph (1) shall report it to the permission-granting or licensing agency as determined by Ministerial Decree of Public Administration and Security. <Amended by Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| (4) | Where a permit or license is lost or worn out, such fact may be reported to the permission-granting or licensing agency, and a new one may be delivered, as determined by Ministerial Decree of Public Administration and Security. <Amended by Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| Article 66 (Reports on Closure and Discontinuance of Business) |
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Where a maker or sales agent of guns, swords, powders, gas sprayers, electric shock machines and crossbows abolishes all or part of his/her business, or a powders repository installer abolishes the use of the storage place, and he/she desires to discontinue the manufacturing industry or sales business of guns, swords, powders, gas sprayers, electronic shock machines and crossbows for a period not exceeding one year, he/she shall report it to the permission-granting agency as determined by Ministerial Decree of Public Administration and Security. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| Article 67 (Fees) |
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| (1) | Any person who desires to obtain a permission or license as pre scribed by this Act, or to have the permit or license redelivered shall pay fees, as determined by Ministerial Decree of Public Administration and Security. <Amended by Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
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| (2) | Among fees under paragraph (1) , fees paid where the commissioner of the local police agency or the superintendent of the police station grants permission or license, or redelivers the permit or license, shall be the revenue of the Seoul Special Metropolitan City, Metropolitan City or Do concerned. <Amended by Act No. 4369, May 31, 1991; Act No. 4989, Dec. 6, 1995>
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| Article 68 (Delegation of Powders) |
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The commissioner general of the National Police Agency or commissioner of the local police agency may delegate part of his powers as prescribed by this Act to the commissioner of the local police agency or the superintendent of the police station, under the conditions as determined by the Presidential Decree. <Amended by Act No. 4369, May 31, 1991>
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| Article 69 Deleted. <by Act No. 6386, Jan. 26, 2001> |
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CHAPTER VIII PENAL PROVISIONS
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| Article 70 (Penal Provisions) |
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| (1) | A person falling under the following subparagraphs shall be punished by imprisonment for not more than ten years, or a fine not exceeding twenty million won: <Amended by Act No. 5938, Mar. 31, 1999>
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| 1. | A person who sells or flows out the guns, swords, powders, gas sprayers, electronic shock machines and crossbows manufactured for the purpose of export without being applied to the structure and performance standards under the provisions of Article 3 (4) within the country; and
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| 2. | A person who violates the provisions of Article 4 (1) and (3) (limited to the guns and powders), Article 6 (1) (limited to the guns and powders), paragraph (2) (limited to the guns and powders), Article 9 (1) or Article 12 (1) (limited to the guns and powders), and paragraph (2) (limited to the industrial guns and gas guns).
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| (2) | Any person who has attempted the offense as referred to in paragraph (1), shall be punished. |
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| Article 71 (Penal Provisions) |
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Any person who falls under any of the following subparagraphs, shall be punished by imprisonment for not more than five years, or a fine not exceeding ten million won: <Amended by Act No. 4989, Dec. 6, 1995; Act No. 5201, Dec. 30, 1996; Act No. 6948, Jul. 29, 2003>
| 1. | Person who violates the provisions of Article 4 (2) or (3) (limited to swords, gas sprayers, electronic shock machines and crossbows), 6 (1) (limited to swords, gas sprayers, electronic shock machines or crossbows) or (2) (limited to swords, gas sprayers, electronic shock machines or crossbows), 9 (2) or 12 (1) (limited to swords, gas sprayers, electronic shock machines or crossbows) or (2) (limited to gas sprayers and electronic shock machines);
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| 2. | Person who violates the provisions of Article 18 (1) or (2);
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| 3. | Person who violates the provisions of Article 21 (1), (3), (4) or (5);
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| 4. | Person who neglects the supervisory affairs as to the safety, in violation of the provisions of Article 31 (1);
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| 5. | Person who violates the order of business or use suspension as prescribed in Article 45 (1) or (2); and
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| 6. | Person who violates the order or measures as prescribed in Article 47 (1), or violates the order of safekeeping as prescribed in paragraph (2) of the said Article.
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| Article 72 (Penal Provisions) |
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Any person who falls under any of the following subparagraphs, shall be punished by imprisonment for not more than three years, or a fine of not exceeding seven million won: <Amended by Act No. 3876, Dec. 31, 1986; Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995; Act No. 6948, Jul. 29, 2003>
| 1. | 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;
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| 2. | Person who violates the order as prescribed in Article 27 (3) or 32 (3);
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| 3. | Person who violates the provisions of Article 41 or 42 (7);
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| 4. | Maker, importer or sales agent of the guns, gas sprayers, electronic shock machines and crossbows who violates the provisions of Article 42 (1) or (5);
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| 5. | Person who refuses, interferes with, or evades the access or inspection as prescribed in Article 44 (1) or who makes a false statement;
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| 6. | Person who fails to comply with the technical standards or instruction as prescribed in Article 18 (4) or 26 (4); and
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| 7. | Person who has obtained the permission or license as prescribed by this Act by a deceitful or other unlawful way. |
법령보기 화면
| Article 73 (Penal Provisions) |
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Any person who falls under any of the following subparagraphs, shall be punished by imprisonment for not more than two years, or a fine not exceeding five million won: <Amended by Act No. 3876, Dec. 31, 1986; Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995; Act No. 6948, Jul. 29, 2003>
| 1. | Person who violates the provisions of Article 4-2 (3) (including the case where the provisions of Article 6-2 and 25-2 are applied mutatis mutandis), 11 (1), 17 (2) or (4), 31 (2), or 37 (1) or (2);
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| 2. | Person who discards the powders in violation of the technical standards as prescribed in Article 20 (3);
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| 3. | Person who violates the provisions of Article 23; and
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| 4. | Person who fails to make the report as prescribed in Article 26 (1), or who makes a false report.
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| Article 74 (Fine for Negligence) |
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| (1) | Any person who falls under any of the following subparagraphs, shall be punished by a fine for negligence not exceeding three million won: <Amended by Act No. 4989, Dec. 6, 1995; Act No. 6948, Jul. 29, 2003>
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| 1. | A person who fails to make the report as prescribed in Article 9 (5), 11 (2), 20 (1), 27 (2), 35 or 66, or who makes a false report;
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| 2. | A person who violates the provisions of Article 17(1) or (3), 32 (4), 33, 39 (1) or (3), 63, 64, 65 (2) or (3);
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| 3. | A person who fails to carry with himself the certificate of powders transport report, in violation of the provisions of Article 26 (3);
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| 4. | A person who fails to make the report as prescribed in Article 32 (2), 40 (2) or 44 (3), or who makes a false report;
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| 5. | A person who violates the order as prescribed in Article 20 (2) or 39 (4); and
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| 6. | A person who violates the matters to be obeyed as prescribed in Article 47 (3).
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| (2) | The fine for negligence as referred to in paragraph (1) shall be imposed and collected by the commissioner general of the National Police Agency, the commissioner of the local police agency or the superintendent of the police station (hereafter in this Article referred to as the "competent authorities") depending on the jurisdiction, under the conditions as determined by the Presidential Decree. <Amended by Act No. 4369, May 31, 1991>
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| (3) | Any person who is dissatisfied with the disposition of the fine for negligence as referred to in paragraph (2), may make an objection against the competent authorities within thirty days from the date on which he is informed of the disposition. <Amended by Act No. 4154, Dec. 30, 1989>
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| (4) | Where a person who has been subject to a disposition of the fine for negligence under paragraph (2), has made an objection under paragraph (3), the competent authorities shall notify it without delay to the competent court, and the competent court which has been notified of shall bring the case of the fine for negligence to a trial court under the Non-Contentious Case Litigation Procedure Act.
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| (5) | Where no objection is made, or fine for negligence is paid, in the period as referred to in paragraph (3), it shall be collected following the example of the disposition of the national or local taxes in arrears. <Amended by Act No. 4789, Dec. 6, 1995>
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| Article 75 (Concurrent Imposition of Punishment) |
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In imposing punishment under Articles 70 through 73, the punishment of imprisonment and fine may be imposed concurrently.
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| Article 76 (Joint Penal Provisions) |
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Where a representative of a juristic person, or an agent, servant, or employee of a juristic person or an individual, commits any illegal act provided for in Articles 70 through 73 in connection with the affairs of the juristic person or the individual, the fine as prescribed in the relevant Article shall be imposed not only on the violator but also on the juristic person or the individual: Provided, That this shall not apply where the juristic person or the individual has not neglected to give a due attention and supervision to the relevant affairs in order to prevent such violation.
[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.)
Any person who has obtained the permission or license, or made the report pursuant to the previous provisions prior to the entry into force of this Act shall be considered to have obtained the permission or license, or made the report under this Act.
Article 3 (Transitional Measures concerning Report on Making of Imitation Guns for Export)
Any person who makes imitation guns for the purpose of exporting at the time of the entry into force of this Act shall report it to the superintendent of the police station having jurisdiction over the seat of the factory, within three months from the date of entry into force of the Ministerial Decree of Home Affairs, as prescribed in Article 11 (2). Article 4 (Transitional Measures Concerning Previous Disposition, etc.)
Any order, measures or disposition issued or made pursuant to the previous provisions prior to the entry into force of this Act and which is not contrary to this Act, shall be considered to have been issued or made under this Act.
Article 5 (Relations with other Acts and Subordinate Statutes)
In case where other Acts and subordinate statutes cite the provisions of the previous Controls of Guns, Swords, Explosives, etc. Act, if this Act includes the provisions corresponding to them, the corresponding provisions of this Act shall be considered to have been cite in lieu of them.
ADDENDUM <Act No. 3876, Dec. 31, 1986>
This Act shall enter into force at the expiration of six months after 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 Electronic Shock Machines)
Any person who possesses gas sprayers or electronic shock machines at the time of entry into force of this Act and desires to continue to possess them after three months from the date of the entry into force of this Act, shall obtain the permission on possession within three months from the superintendent of the station having jurisdiction over the domicile.
Article 3 (Transitional Measures concerning License for Person in Charge of Powders Making Security)
Any person who has obtained the license for the person in charge of powders making security from the Minister of Home Affairs, pursuant to the previous provisions, prior to the entry into force of this Act shall be considered to have obtained the license for the person in charge of powders making security from the Mayor/Do governor.
Article 4 (Transitional Measures concerning Danger and Injury Preventive Rules and Self-Safety Education Plans)
The maker of swords at the time of entry into force of this Act shall submit the danger and injury preventive rules and the self-safety education plans to the Mayor/Do governor to obtain the approval, and the maker of guns, the self-safety education plans, respectively, within three months from the date of entry into force of this Act.
Article 5 (Transitional Measures concerning Inspection on Completion)
Any facilities or equipment of a sales agency which has obtained the permission on the sales business of the guns, swords and powders prior to the entry into force of this Act shall be considered to have undergone the inspection on completion as prescribed in Article 43.
ADDENDA <Act No. 4369, May 31, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force sixty days after 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 its promulgation. |
| (2) | (Transitional Measures against Possessors of Gas Guns) Any person who possesses gas guns at the time of the entry into force of this Act shall obtain the permission on possession as prescribed in Article 12 from the superintendent of the police station having jurisdiction over the domicile within three months from the date of entry into force of this Act. |
| (3) | (Transitional Measures against Possessors of Crossbows) Any person who possesses crossbows at the time of entry into force of this Act shall obtain the permission on possession as prescribed in Article 12 from the superintendent of the police station having jurisdiction over the domicile within three months from the date of the entry into force of this Act. |
| (4) | (Transitional Measures concerning Application of Penal Provisions) The application of the penal provisions concerning the acts prior to entry into force of this Act shall be governed by the previous provisions. |
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 Terms of Chairman and Directors of Association) The terms of the chairman and directors at the time of entry into force of this Act shall be governed by the previous provisions. |
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 under Article 24 at the time of enforcement of this Act shall store them in a powders storage place under Articles 24 and 25 within 6 months after the enforcement of this Act. |
| (3) | (Transitional Measures on Dispositions, etc.) The activities such as permissions by the commissioner of the local police agency under the previous provisions at the time of enforcement of this Act, or the activities against the director of the local police agency, shall be regarded respectively as the activities of the director of the local police agency or the activities against him, corresponding to it. |
ADDENDA <Act No. 6948, Jul. 29, 2003>
| (1) | (Enforcement Date) This Act shall enter into force after the lapse of 6 months from the date of its promulgation. |
| (2) | (Transitional Measure concerning Permission for Possessing Guns) Any person who is in possession of the parts equivalent to a gun provided for in the amended provisions of Article 2 (1) at the time of the enforcement of this Act shall obtain permission for possessing such parts in accordance with the provisions of Article 12 (1) within 3 months from the date of the enforcement of this Act:
Provided, That any person who has obtained approval for attachments to his gun from any permission-granting agency under the previous provisions of Article 17 (5) prior to the enforcement of this Act shall, if such attachments fall under the guns provided for in the amended provisions of Article 2 (1), be deemed to have obtained permission for possessing his gun under Article 12 (1).
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| (3) | (Transitional Measure concerning Grounds of Disqualifications) The grounds of disqualifications for any person who holds permission for possessing a gun, a sword, powders, a gas sprayer, an electronic shock machine and a crossbow, and any person who is licensed as a person in charge of the powders making security or control security under the previous provisions at the time of the enforcement of this Act shall be governed by the previous provisions, 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.
Last updated : 2011-06-12