Act On Probation, Etc.


Published: 2010-03-31

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to instruct, take care of and assist criminal offenders who are deemed to require systematic treatment in society, such as probation, community service, taking lectures and rehabilitation, etc., for the prevention of repeat crimes, thereby promoting their sound rehabilitation to the society, and promote the welfare of individuals and the public and protect the society by carrying out efficient activities to prevent crimes.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 2 (Cooperation from Nationals)   print
(1) All nationals shall cooperate to achieve the purposes under Article 1, according to their status and capabilities.
(2) The State and local governments shall have a responsibility to promote projects to protect and guide criminal offenders for their sound rehabilitation to the society.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 3 (Persons Subject to Probation)   print
(1) A person who is subject to probation (hereinafter referred to as "person subject to probation") shall be as follows:
1. Any person who is under the suspension of sentence on condition that he/she be subject to probation under Article 59-2 of the Criminal Act;
2. Any person who is under the suspension of execution on condition that he/she be subject to probation under Article 62-2 of the Criminal Act;
3. Any person who is released on parole or provisionally released on condition that he/she be subject to probation under Article 73-2 of the Criminal Act or Article 25 of this Act;
4. Any person subject to a protective disposition under Article 32 (1) 4 and 5 of the Juvenile Act;
5. Any person who is prescribed to be put on probation under this Act by other Acts.
(2) Any person obliged to provide community service or attend a lecture (hereinafter referred to as "person obliged to provide community service or attend a lecture") shall be as follows:
1. Any person who is under the suspension of execution on condition that he/she provide community service or attends a lecture under Article 62-2 of the Criminal Act;
2. Any person who is ordered to provide community service or attend a lecture under Article 32 of the Juvenile Act;
3. Any person who is prescribed to provide community service or attend a lecture under this Act by other Acts.
(3) Any person who is eligible for rehabilitation (hereinafter referred to as "person eligible for rehabilitation") shall be a person under a criminal disposition or a protective disposition, who is deemed to require protection, such as providing for the costs of room and board toward self-reliance, paying for travel expenses, providing or lending occupational tools or money and goods for getting an occupation or vocational training and guidance.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 4 (Operative Standards)   print
Probation, community service, attending lectures or rehabilitation shall be offered within a necessary and appropriate scope for the education and betterment of the relevant subjects or the prevention of crimes, and it shall be offered in the most appropriate manner, by considering their age, experiences, physical and mental conditions, home surroundings, friendships, and other circumstances.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
CHAPTER II PROBATION AGENCY
Section 1 Probation Review Committee
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 Article 5 (Establishment)   print
(1) The Probation Review Committee (hereinafter referred to as the "Review Committee") shall be established within the jurisdiction of the Minister of Justice, so as to review and decide on matters concerning probation.
(2) The Review Committee shall be established in an area prescribed by Presidential Decree, such as the jurisdiction of the High Public Prosecutor's Office.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 6 (Jurisdictional Duties)   print
The Review Committee shall review and decide on the following matters under this Act:
1. Matters concerning parole and the revocation thereof;
2. Matters concerning provisional release, the revocation thereof and the release of protected juveniles (hereinafter referred to as "release") under Article 43 (3) of the Act on the Treatment of Protected Juveniles, etc.;
3. Matters concerning the provisional removal of probation and the revocation thereof;
4. Matters concerning the suspension of probation and the revocation thereof;
5. Matters concerning the termination of the intermediate sentence of paroled persons;
6. Matters prescribed as duties under the jurisdiction of the Review Committee by this Act or other Acts and subordinate statutes;
7. Matters concerning subparagraphs 1 through 6, which are submitted by the Chairperson to a meeting.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 7 (Organization)   print
(1) The Review Committee shall consist of not less than five, but not more than nine members, including the Chairperson.
(2) The Chairperson of the Review Committee shall be appointed by the Minister of Justice, from among the chief public prosecutor of the High Public Prosecutor's Office or prosecutors belonging to the High Public Prosecutor's Office.
(3) Members of the Review Committee shall be appointed or commissioned by the Minister of Justice, from among judges, prosecutors, attorneys-at-law, the head of a probation office, the head of a local correctional office, the head of a correctional institution, the head of a juvenile correctional institute and persons with abundant knowledge and experience in probation.
(4) Not more than three standing members shall be appointed, from among members of the Review Committee.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 8 (Terms of Members)   print
The term of office of a member shall be two years; such term may be renewed consecutively: Provided, That the term of office of a non-standing member, who is a public official, shall be the period during which he/she holds his/her official position.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 9 (Dismissal of Members)   print
When members fall under any of the following subparagraphs, they may be dismissed:
1. When deemed impossible or practically difficult for them to perform their duties due to mental disability;
2. When deemed inappropriate for them to perform their duties as members due to the delinquency of duties, injury to dignity or other grounds.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 10 (Status, etc. of Members)   print
(1) Standing members shall be public officials in special service belonging to the Senior Civil Service or public officials in special service equivalent to Grade IV public officials.
(2) Members, other than standing members, shall hold an honorary position: Provided, That they may be given travelling expenses or other allowances as prescribed by Ordinance of the Ministry of Justice within budgetary limits.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 11 (Review)   print
(1) The Review Committee shall review matters falling under the subparagraphs of Article 6, in accordance with review materials.
(2) The Review Committee may summon persons subject to probation or other related persons to crossexamine them or order standing members or probation officers to investigate necessary matters, when deemed necessary for review.
(3) The Review Committee may request the State, public institutions or other organizations to undertake fact-finding activities or submit related materials, when deemed necessary for review.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 12 (Resolution and Decision)   print
(1) Meetings of the Review Committee shall be convened with the attendance of a majority of all incumbent members and the resolution of a meeting shall require the consent of a majority of those present.
(2) Under extenuating circumstances as prescribed by Presidential Decree, where the Review Committee has insufficient time to hold a meeting, it may reach an agreement by written resolution. notwithstanding the provisions of paragraph (1). In such cases, such decision shall require the consent of a majority of all incumbent members.
(3) No meeting of the Review Committee shall be disclosed.
(4) Decisions shall be made in writing signed or sealed by members who have cited the grounds thereof and reviewed them.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 13 (Name, District under Jurisdiction, Operation, etc.)   print
The title, jurisdictional district or scope of duties of the Review Committee, appointment or dismissal of members and other necessary matters concerning the operation of the Review Committee shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
Section 2 Probation Office
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 Article 14 (Establishment of Probation Office)   print
(1) A probation office shall be established under the control of the Minister of Justice, so as to take charge of probation, community service, attending a lecture or rehabilitation.
(2) The branch of a probation office may be established in a district under its jurisdiction, so as to perform part of the duties of a probation office.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 15 (Jurisdictional Duties of Probation Office)   print
A probation office (including the branch of a probation office; hereinafter the same shall apply) shall exercise general control over the following duties:
1. Probation or the execution of an order to provide community service or attend a lecture;
2. Rehabilitation;
3. Duties of guidance entrusted by prosecutors who have suspended prosecution on condition that probation officers offer guidance;
4. Education and training, and work guidance, of volunteer members for crime prevention under Article 18;
5. Activities to prevent crimes;
6. Matters prescribed as duties under the jurisdiction of a probation office by this Act or other Acts and subordinate statutes.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 16 (Probation Officers)   print
(1) A probation office shall have probation officers to perform duties under the subparagraphs of Article 15.
(2) Probation officers shall have knowledge of criminal policy, penology, criminology, social work, pedagogy, psychology or other specialized knowledge necessary for probation.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 17 (Titles of Probation Offices)   print
The title, jurisdictional district, organization of a probation office, the fixed number of probation officers and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 18 (Volunteers for Crime Prevention)   print
(1) A probation office may have volunteers for crime prevention (hereinafter referred to as "volunteers for crime prevention") to conduct activities to prevent crimes and support probation and rehabilitation.
(2) The Minister of Justice shall appoint volunteers for crime prevention, as prescribed by Ordinance of the Ministry of Justice.
(3) The honor of volunteers for crime prevention and their activities under this Act shall be respected.
(4) Volunteers for crime prevention shall hold an honorary position and they may be given the whole or part of expenses incurred in performing their duties, within budgetary limits.
(5) Appointment or dismissal of volunteers for crime prevention, the fixed number of volunteers for crime prevention, details of their duties, their organization, payment of expenses and other necessary matters shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
CHAPTER III PROBATION
SECTION 1 Investigation Conducted before Judgement
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 Article 19 (Investigation Conducted before Ruling)   print
(1) The court may request the head of a probation office having the jurisdiction over the location of the court or the domicile of defendants to investigate matters concerning defendants, including crime motives, occupations, living environment, friendships, family backgrounds and whether they have recovered from damage, when deemed necessary for ordering defendants to be put on probation, provide community service or attend lectures under Articles 59-2 and 62-2 of the Criminal Act.
(2) The head of a probation office upon receipt of a request under paragraph (1), shall conduct an investigation, without delay, and notify the competent court of such fact in writing. In such cases, he/she may summon defendants or other related persons to crossexamine them or order probation officers under his/her control to investigate necessary matters, when deemed necessary.
(3) The court may request the head of a probation office upon receipt of a request under paragraph (1) to report the progress of the investigation.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 19-2 (Investigation Conducted before Determination)   print
(1) The court may request the head of a probation office having the jurisdiction over the jurisdiction of the court or the domicile of juveniles to investigate matters concerning juveniles, including their behaviors, experiences, home environment or other circumstances, when deemed necessary for the investigation or examination of juvenile protection cases under Article 12 of the Juvenile Act.
(2) The head of a probation office upon receipt of a request under paragraph (1), shall conduct an investigation, without delay, and notify the competent court of such fact in writing, and may summon juveniles or other related persons to crossexamine them or order probation officers under his/her control to investigate necessary matters, when necessary for an investigation.
[This Article Newly Inserted by Act No. 9168, Dec. 26, 2008]
SECTION 2 Suspension of Sentence, Suspension of Execution and Probation
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 Article 20 (Notification, etc. of Ruling)   print
(1) The court shall send certified copies of written ruling and documents in which matters to be observed are stated, to the head of a probation office having the jurisdiction over the domicile of defendants, within three days after a ruling ordering probation is issued under Articles 59-2 or 62-2 of the Criminal Act.
(2) In cases under paragraph (1), the court may attach opinions or additional materials for reference.
(3) The court may request the head of a probation office upon receipt of a notification under paragraph (1), to report the progress of probation.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
SECTION 3 Parole and Provisional Release
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 Article 21 (Obligations of Prison Heads to Give Notice)   print
(1) When a period under the subparagraphs of Article 65 of the Juvenile Act elapses for juveniles punished by imprisonment or imprisonment without labor, (hereinafter referred to as "juvenile inmates"), the head of a prison, detention center or juvenile prison shall notify the Review Committee having the jurisdiction over the location of the relevant prison, detention center or juvenile prison of such fact.
(2) When six months elapse after protected juveniles are imprisoned, the head of a juvenile correctional institute shall notify the Review Committee having the jurisdiction over the location of the juvenile correctional institute of such fact.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 22 (Requests for Parole, Release and Provisional Release)   print
(1) The head of a prison, detention center, juvenile prison or juvenile correctional institute (hereinafter referred to as "correctional institutions") may request the competent Review Committee to review the parole, release or provisional release of juvenile inmates or protected juveniles in prison, for whom a period under the subparagraphs of Article 65 of the Juvenile Act elapses, as prescribed by Ordinance of the Ministry of Justice.
(2) When the head of a prison, etc. makes a request under paragraph (1), he/she shall consider the outcomes of environmental investigation or environmental improvement activities notified under Article 26 or 27.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 23 (Review and Determination of Parole, Release and Provisional Release)   print
(1) The Review Committee, upon receiving requests under Article 22 (1), shall ascertain whether it is appropriate to release juvenile inmates on parole, or release or provisionally release protected juveniles and make a decision thereon.
(2) The Review Committee may ascertain whether it is appropriate to release persons notified under Article 21 on parole, or release or provisionally release them ex officio, and make a decision thereon, even when no request is made under Article 22 (1).
(3) When the Review Committee ascertains whether it is appropriate to release a juvenile inmate on parole under paragraphs (1) and (2), it shall make a decision by reviewing the necessity of probation.
(4) When the Review Committee conducts a review or makes a decision under paragraphs (1) through (3), it shall consider all circumstances such as the character of juvenile inmates, results of their correction, occupations, their attitude toward life, family relationship and the chances of recommitting crimes.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 24 (Review and Determination on Probation of Adult Inmates)   print
(1) The Review Committee shall ascertain whether probation is necessary for parolees under Article 122 of the Administration and Treatment of Correctional Institution Inmates Act and make a decision thereon.
(2) When the Review Committee reviews probation under paragraph (1), it shall consider the outcomes of investigating matters as to probation under Article 28.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 25 (Permission from Minister of Justice)   print
When the Review Committee determines that it is appropriate to release juvenile inmates on parole, or release or provisionally release protected juveniles as the result of a review under Article 23 and probation is not necessary as the result of a review under Article 24, it shall attach related documents to written decisions and request the Minister of Justice to grant permission to such decision, and, when he/she deems that the decision of the Review Committee is justifiable, he/she may grant permission to such decision.
[This Article Wholly Amended by Act No. 9168, Dec. 26, 2008]
SECTION 4 Environmental Investigation and Activities for Improvement of Environment
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 Article 26 (Environmental Investigation)   print
(1) When the heads of correctional institutions accept juvenile inmates or persons who are subject to any protective disposition under Article 32 (1) 8 through 10 of the Juvenile Act, (hereinafter referred to as "inmates"), they shall request the head of a probation office having jurisdiction over a place, in which juvenile inmates, etc. are expected to reside, to conduct an environmental investigation, after sending documents on their personal matters to the head of a probation office, without delay.
(2) The head of a probation office upon receipt of a request to conduct an environmental investigation under paragraph (1), shall investigate motives for crimes or misdeeds of inmates, their previous occupations, living environment, friend relationship, family backgrounds, whether they have recovered from damage and how to make a living and notify the head of a correctional institution of the outcomes thereof. In such cases, he/she may interview inmates, summon related persons to question them or order probation officers under his/her control to investigate necessary matters, when deemed necessary.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 27 (Environmental Improvement Activities)   print
(1) The head of a probation office may conduct activities to improve the environment of inmates by receiving their consent or winning cooperation from their family members or related persons, when deemed necessary for promoting the sound rehabilitation of inmates to society according to the results of an environmental investigation under Article 26.
(2) The head of a probation office may request the head of a correctional institution to provide cooperation, such as interviewing inmates, when deemed necessary for environmental improvement activities under paragraph (1).
(3) The head of a probation office shall notify the head of a correctional institution and the Review Committee having jurisdiction over the location of a correctional institution of the outcomes of environmental improvement activities under paragraph (1).
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 28 (Investigating Matters concerning Probation of Adult Inmates)   print
(1) Where the head of a prison, detention center or juvenile prison requests the parole Review Committee to review the qualifications of adult inmates, who have been sentenced to imprisonment, imprisonment without prison labor or a heavier punishment (hereinafter referred to as "adult inmates") for parole under Article 121 of the Administration and Treatment of Correctional Institution Inmates Act, he/she shall send the lists of persons subject to requests for the review of qualifications for parole and a written investigation into their personal matters to the Review Committee having jurisdiction over the location of the relevant prison, detention center or juvenile prison, when he/she makes such request.
(2) When the Review Committee receives the lists of persons subject to requests for the review of qualifications for parole and a written investigation into their personal matters from the head of a prison, detention center or juvenile prison, it may interview the relevant adult inmates to directly engage in investigating matters falling under the former part of Article 26 (2), the risk of re-offending of prisoners after release and the possibility of adjusting to life in society (hereinafter referred to as "investigation of matters concerning probation") or request the head of a probation office having the jurisdiction over the location of a prison, detention center or juvenile prison or a place, in which the relevant adult inmates, etc. are expected to reside, to investigate matters concerning probation, after sending the relevant materials to him/her.
(3) The head of a probation office upon receipt of a request to investigate matters concerning probation under paragraph (2) shall investigate such matters, without delay, and notify the Review Committee of the result thereof.
(4) When the head of a prison, detention center or juvenile prison upon receipt of a request to provide necessary cooperation, such as interviewing adult inmates, for the investigation of matters concerning probation by the Review Committee or the head of a probation office, he/she shall comply with such request.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
SECTION 5 Probation
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 Article 29 (Commencement and Reports of Probation)   print
(1) Probation shall commence when the ruling or decision of the court is finalized or inmates are paroled or provisionally released.
(2) Persons subject to probation shall report their residence, occupations, life plans and other necessary matters to the head of the competent probation office, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 30 (Period of Probation)   print
Persons subject to probation shall be put on probation in the following periods:
1. Persons who are under the suspension of sentence on the condition that they are subject to probation: One year;
2. Persons who are under the suspension of execution on condition that they be subject to probation; The relevant period for suspension of execution: Provided, That when the court separately determines the period of probation, the relevant period;
4. Persons released provisionally: Period prescribed by the Review Committee, within the scope of not less than six months but not more than two years from the date when they are provisionally released;
5. Persons subject to a protective disposition under Article 32 (1) 4 and 5 of the Juvenile Act: Period prescribed by the relevant Acts;
6. Persons put on probation prescribed by this Act under other Acts: Period prescribed by the relevant Acts.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 31 (Persons in Charge of Probation)   print
Probation officers belonging to a probation office having the jurisdiction over the location of persons subject to probation shall take charge of probation.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 32 (Matters to be Observed by Persons Subject to Probation)   print
(1) Persons subject to probation shall observe orders under the guidance and surveillance of probation officers and endeavor to become normal members of society on their own.
(2) Persons subject to probation shall observe the following matters:
1. They shall live in a residential area and have an occupation;
2. They shall quit bad habits leading to crimes and perform good deeds and shall not acquaint or socialize with persons who are likely to commit a crime;
3. They shall observe the guidance and surveillance of probation officers and meet and talk with probation officers visiting them;
4. They shall report to probation officers in advance, when they change their residence or take a trip at home or abroad for not less than one month.
(3) The court and/or Review Committee may order persons subject to probation to especially observe the following matters by determining a period within the period of probation, when necessary, in light of the details and types of crimes and their characteristics, other than matters to be observed under paragraph (2), when it notifies them of ruling or decisions:
1. Restrictions to going out during specific hours, including at night, which is likely to create an opportunity or impulse to reoffend;
2. Prohibition on access to specific regions and places, which is likely to create an opportunity or impulse to reoffend;
3. Prohibition on access to specific persons who are likely to fall victim to reoffending, such as victims;
4. They shall endeavor to recover damage from crimes;
5. Residential restrictions for persons without a permanent address;
6. They shall refrain from engaging in speculative activities;
7. They shall refrain from consuming not less than a fixed amount of alcohol;
8. They shall not use addictive substances, such as narcotics;
9. They shall observe examinations that check whether they have injected, smoked or taken narcotics pursuant to the Act on the Control of Narcotics, etc.;
10. Other matters prescribed by Presidential Decree, which are deemed necessary to prevent persons subject to probation from reoffending.
(4) When there are extenuating circumstances for changing the situation, including cases where persons subject to probation violate matters to be observed under paragraph (2) or (3), the court may fully or partially add or revise matters to be observed upon request of the head of a probation office or prosecutors, and the Review Committee may fully or partially add or revise such matters upon request of the head of a probation office.
(5) Matters to be observed under paragraphs (2) through (4) shall be notified in writing.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 33 (Guidance and Surveillance)   print
(1) Probation officers shall offer guidance and conduct surveillance necessary to prevent reoffending by persons subject to probation and promoting their sound rehabilitation to the society.
(2) The methods of guidance and surveillance under paragraph (1) shall be as follows:
1. To maintain close contact with persons subject to probation to observe their behaviors and environment;
2. To offer guidance suitable for implementing matters to be observed under Article 32 to persons subject to probation;
3. To take necessary measures for sound rehabilitation into society, of persons subject to probation.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 33-2 (Assorted Treatment)   print
(1) The head of a probation office shall provide assorted treatments in accordance with the methods and standards of guidance and surveillance to persons subject to probation, by considering their individual characteristics, such as the details of crimes and the risks of reoffending.
(2) Necessary matters concerning assorted treatments under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9748, May 28, 2009]
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 Article 34 (Relief)   print
(1) When persons subject to probation make self-help efforts, probation officers shall provide appropriate relief deemed necessary for their betterment and self-reliance.
(2) The methods of relief under paragraph (1) shall be as follow:
1. Offering accommodation and providing them with vocational guidance;
2. Providing them with vocational training;
3. Improving their environment;
4. Offering assistance necessary for the sound rehabilitation to the society of persons subject to probation.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 35 (Emergency Relief)   print
The head of a probation office may offer necessary relief to persons subject to probation, as prescribed by Presidential Decree, when they suffer injuries or diseases, or there exist other urgent grounds.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 36 (Assistance and Cooperation from Rehabilitative Business Operators)   print
The head of a probation office may request the State or public institutions, persons who have received permission to engage in a rehabilitative business under Article 67 (1), the Korea Rehabilitation Agency under Article 71 or other organizations to provide accommodation or other appropriate assistance and cooperation, when necessary for relief under Article 34 and emergency relief under Article 35. In such cases, necessary expenses shall be reimbursed by the State, within budgetary limits.
[This Article Wholly Amended by Act No. 9168, Dec. 26, 2008]
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 Article 37 (Investigation of Persons Subject to Probation)   print
(1) The head of a probation office may summon persons subject to probation or other related persons to crossexamine them or order probation officers under his/her control to investigate necessary matters, when deemed necessary for probation.
(2) The head of a probation office may request the State or public institutions or other organizations to verify facts, allow him/her to read related materials or provide other cooperation, when deemed necessary for probation.
(3) Persons in charge of duties under paragraphs (1) and (2) shall ensure the security of any confidential information they become aware of in the course of their performance of duties, respect the human rights of persons subject to probation and related persons and make sure that nothing obstructs the sound rehabilitation to the society of persons subject to probation.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 38 (Warnings)   print
When persons subject to probation violate matters to be observed under Article 32 or there exist reasonable grounds to believe that they are likely to violate such matters, the head of a probation office may urge them to observe such matters and warn them that they may receive unfavorable treatment, such as punishment.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 39 (Arrest)   print
(1) Where persons subject to probation have violated matters to be observed under Article 32 or there exist reasonable grounds to believe that they have violated such matters and there are reasons falling under any of the following subparagraphs, the head of a probation office may receive arrest warrant from judge of the competent local court, upon the request of prosecutor, after asking prosecutors of the competent district public prosecutor's office to do so, and arrest persons subject to probation:
1. When they have no permanent address;
2. When they fail to comply with summons under Article 37 (1);
3. When they have escaped or are likely to escape.
(2) Arrest warrants under paragraph (1) shall be executed by probation officers under the guidance of prosecutors: Provided, That when it is difficult for probation officer to execute arrest warrant, they may allow judicial police officer to execute such warrant.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 40 (Emergency Arrest)   print
(1) Where persons subject to probation who have violated matters to be observed under Article 32 have a reason falling under any of the subparagraphs of Article 39 (1) and it is too urgent to issue arrest warrants under Article 39, the head of a probation office may inform them of such reason and arrest the persons subject to probation without arrest warrants. In such cases, urgency means the lack of time to issue arrest warrants, including cases where he/she finds persons subject to probation accidentally.
(2) When the head of a probation office arrests persons subject to probation under paragraph (1), he/she shall prepare emergency arrest warrants and obtain approval from prosecutors of the competent district public prosecutor's office, without delay.
(3) When the head of a probation office fails to obtain approval under paragraph (2), he/she shall release persons subject to probation, without delay.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 41 (Period of Arrest)   print
When the head of a probation office arrests persons subject to probation under Article 39 or 40, he/she shall release them within 48 hours after they are forced to go to a probation office, etc., excluding cases where they are detained under Article 42.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 42 (Detention)   print
(1) The head of a probation office may detain persons subject to probation, who are arrested under Article 39 or 40, in correctional institutions or the juvenile classification review institute, when deemed necessary to file the following applications:
1. Application for the invalidation of suspension of sentence or the revocation of suspension of execution, on condition of probation under Article 47;
2. Application for the revocation of parole or provisional release under Article 48;
3. Application for the revision of probation under Article 49.
(2) When the head of a probation office detains persons subject to probation under paragraph (1), he/she shall obtain permission from judge of the competent local court, upon the request of prosecutor, after requesting prosecutor to do so within 48 hours after persons subject to probation are forced to go to a probation office, etc.
(3) The head of a probation office shall file an application under the subparagrahs of paragraph (1), within 24 hours after he/she obtains permission for detention.
(4) When a prosecutor in receipt of a request under paragraph (1) 1 from the head of a probation office deems that grounds for such request are reasonable, they shall request the competent local court to invalidate the suspension of sentence or revoke the suspension of execution on condition of probation within 48 hours after receiving such requests.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 43 (Period of Detention)   print
(1) The period of detention under Article 42 shall be 20 days from the date on which permission from the court is obtained under Article 42 (2).
(2) In cases of an application under Article 42 (1) 1 or 3, the court may extend the period of detention only one occasion within the scope of 20 days by instance, when deemed necessary for examination.
(3) In cases of an application under Article 42 (1) 2, the head of a probation office may extend the period of detention only one occasion within the scope of 10 days, by obtaining permission from judges of the local court, upon the request of prosecutor, after requesting prosecutors to do so, when necessary for the examination of the examination committee.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 44 (Cancellation of Detention)   print
The head of a probation office shall release from detention persons subject to probation and release them, without delay, in cases falling under any of the following subparagraphs:
1. When a prosecutor dismisses an application made by the head of a probation office under Article 47 (1);
2. When the court dismisses a request from a prosecutor under Article 47 (1);
3. When the Review Committee dismisses an application made by the head of a probation office under Article 48;
4. When the Minister of Justice does not permit an application made by the Review Committee under Article 48;
5. When the court dismisses an application made by the head of a probation office under Article 49.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 45 (Including Detention Period in Term of Punishment)   print
When a suspended sentence is invalidated or suspended execution or parole is revoked, on condition that persons detained under Article 42 be put on probation, the period of detention shall be included in the term of punishment.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 45-2 (Use of Protection Outfits)   print
(1) Public officials belonging to a probation office may use the following protection outfits in performing their lawful duties against persons subject to probation, when justifiable grounds exist deemed necessary for preventing escape, restraining a protest or preventing harm done to the life or body of such public officials or others:
1. Handcuffs;
2. Ropes;
3. Electronic shock machines;
4. Gas guns.
(2) Public officials shall use protective outfits to the minimum extent necessary and avoid using protection outfits, without delay, when they do not need such outfits.
(3) When public officials intend to use protective outfits under paragraph (1), they shall issue a prior warning to relevant persons subject to probation: Provided, That the same shall not apply to cases where they have insufficient time to issue a prior warning to them due to the urgent situation.
(4) Necessary matters concerning procedures for the use of protection outfits shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Newly Inserted by Act No. 9748, May 28, 2009]
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 Article 46 (Provisions Applicable Mutatis Mutandis)   print
The provisions of Articles 72, 75, 82, 83, 85 (1), (3) and (4), 86, 87, 89, 204, 214-2 and 214-3 of the Criminal Procedure Act shall apply mutatis mutandis to the arrest or detention of persons subject to probation.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
SECTION 6 Termination of Probation
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 Article 47 (Invalidating Suspension of Sentence or Revoking Suspension of Execution on Condition of Probation)   print
(1) Prosecutors shall request the court to invalidate the suspension of sentence under Article 61 (2) of the Criminal Act and revoke the suspension of execution under Article 64 (2) of the same Act, upon request of the head of a probation office.
(2) The provisions of Article 335 of the Criminal Procedure Act shall apply mutatis mutandis to procedures for invalidation and revocation under paragraph (1).
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 48 (Revocation of Parole and Provisional Release)   print
(1) When persons paroled or provisionally released violate matters to be observed under Article 32 during the period of probation and it is deemed inappropriate to keep them on probation due to their gross violations, the Review Committee may review and determine the revocation of parole and provisional release, either ex officio or upon request of the head of a probation office.
(2) When the Review Committee makes a decision that it is appropriate to revoke parole or provisional release as the result of review under paragraph (1), it shall request the Minister of Justice to permit such decision by attaching related documents to written decisions, and the Minister of Justice may grant permission to the decision of the Review Committee, when such decision is deemed reasonable.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 49 (Revision of Protective Disposition)   print
(1) When persons, who are put on probation in accordance with a protective disposition under Article 32 (1) 4 or 5 of the Juvenile Act, violate matters to be observed under Article 32 during the period of probation and it is deemed inappropriate to keep them on probation due to their gross violations, the head of a probation office may request the court having the jurisdiction over the location of a probation office to revise a protective disposition.
(2) When a protective disposition under paragraph (1) is revised, the provisions of protection cases under Chapter II of the Juvenile Act shall apply to cases where a person subject to a request is aged 19 or more years, notwithstanding the provisions of Articles 2 and 38 (1) of the Juvenile Act.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 50 (Termination of Intermediate Sentence)   print
(1) When a short term sentence elapses for a person paroled after being sentenced under Article 60 (1) of the Juvenile Act, and the purposes of probation are deemed to have been achieved, the Review Committee may determine that the execution of sentence is complete, either ex officio or upon request of the head of a probation office, even before a period determined under Article 66 of the same Act.
(2) When the period of probation elapses for persons provisionally released and provisional release is not revoked, they shall be deemed to be released.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 51 (Termination of Probation)   print
When persons subject to probation fall under any of the following subparagraphs, probation shall be terminated:
1. When the period of probation elapses;
2. When the suspension of sentence is invalidated on the condition of probation under Article 61 of the Criminal Act, or when the suspension of execution is invalidated or cancelled on the condition of probation under Article 63 or 64 of the same Act;
3. When parole or provisional release is invalidated or revoked under Article 48 or other Acts;
4. When a protective disposition is revised under Article 49;
5. When a decision is made to terminate intermediate sentence under Article 50;
6. When they are sentenced to imprisonment without forced labor or heavier punishment during the period of probation;
7. When persons provisionally released, for whom probation is suspended under Article 53, reach the age under Article 43 (1) of the Act on the Treatment of Protected Juveniles, etc..
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 52 (Temporary Revocation)   print
(1) When a person subject to probation record good scores, the Review Committee may temporarily revoke his/her probation, either ex officio or upon request of the head of a probation office.
(2) No person shall be put on probation during the period of temporary revocation: Provided, That persons subject to probation shall continue to observe orders.
(3) When it is deemed appropriate to put persons, for whom a decision has been made to temporarily revoke probation, on probation again, the Review Committee may cancel the decision of temporary revocation, either ex officio or upon request of the head of a probation office.
(4) When the decision of temporary revocation is cancelled under paragraph (3), the period of temporary revocation shall be included in the period of probation.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 53 (Suspension of Probation)   print
(1) When it is impossible to keep a person paroled or provisionally released on probation due to a lack of knowledge about their whereabouts, the Review Committee may make a decision to suspend probation, either ex officio or upon request of the head of a probation office (hereinafter referred to as the "decision to suspend probation").
(2) When the Review Committee finds out the whereabouts of persons, for whom probation is suspended under paragraph (1), it shall make a decision to revoke such suspension (hereinafter referred to as the "decision to revoke the suspension of probation"), without delay.
(3) When persons, for whom probation is suspended, are arrested under Article 39 or 40, a decision to revoke the suspension of probation is deemed to be made from the date on which they are arrested.
(4) A period of punishment and a period of probation shall be suspended from the date on which a decision to suspend probation is made and resume from the date on which a decision to revoke the suspension of probation is made.
(5) When it is found that the whereabouts of persons subject to probation are unknown due to causes for persons subject to probation are to blame, such as natural disasters or other unavoidable grounds, after a decision to suspend probation is made under paragraph (1), the Review Committee shall revoke such decision. In such cases, it is deemed that the decision to suspend probation does not exist.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
Section 7 Transfer of Probation Cases
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 Article 54 (Confidential Information and Refusal of Testification)   print
When persons who work or worked for the Review Committee or a probation office, are questioned as witnesses under other Acts, they may refuse the testification of confidential information of others, which they become aware of in the course of their performance of duties: Provided, That the same shall not apply to cases where the relevant persons give their consent or a need exists to serve the significant public interest.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 55 (Transfer of Probation Cases)   print
When a person subject to probation has relocated domicile, the head of a probation office may transfer probation cases to the head of a probation office having the jurisdiction over a new domicile.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 56 (Exceptions to Persons Subject to Military Act)   print
This Act shall not apply to persons falling under any of the subparagraphs of Article 2 (1) of the Military Court Act.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 57 (Application Mutatis Mutandis of Criminal Procedure Act)   print
The Criminal Procedure Act shall apply mutatis mutandis to probation to the extent not contrary to the nature, unless special provisions exist to the contrary in this Act.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 58 (Partially Excluding Application of Administration and Treatment of Correctional Institution Inmates Act)   print
The provisions of Articles 119 through 122 of the Administration and Treatment of Correctional Institution Inmates Act shall not apply to parole under this Act (excluding Article 28).
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
CHAPTER IV PROVIDING COMMUNITY SERVICE AND ATTENDING LECTURES
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 Article 59 (Scope of Orders to Provide Community Service and Attend Lectures)   print
(1) When the court issues an order to provide community service under Article 62-2 of the Criminal Act or an order to attend lectures, it shall determine the period of providing community service or attending a lecture within the scope of 500 hours or 200 hours, respectively: Provided, That when special provisions exist in other Acts, it shall be governed by the relevant Acts.
(2) The court may designate the areas and places, etc. of service or lectures for persons obliged to provide community service or attend lectures, in cases under paragraph (1).
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 60 (Notification, etc. of Ruling)   print
(1) The court shall send the certified copies of written rulings and documents, in which matters to be observed are written, to the head of a probation office having the jurisdiction over the domicile of defendants, within three days after a ruling issuing an order to provide community service or attend a lecture under Article 62-2 of the Criminal Act is finalized.
(2) The court may attach its opinions or other reference materials necessary for the execution of an order to provide community service or attend lectures to documents, etc. under paragraph (1).
(3) The court or the head of the court may request the head of a probation office notified under paragraph (1) to report the execution of orders to provide community service or attend lectures.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 61 (Persons in Charge of Execution of Orders to Provide Community Service or Attend Lectures)   print
(1) Orders to provide community service or attend lectures shall be executed by probation officers: Provided, That probation officers may entrust the whole or part of such execution to the State or public institutions and other organizations.
(2) When probation officers entrust the execution of orders to provide community service or attend lectures to the State or public institutions and other organizations, they shall notify the court or the head of the court of such fact.
(3) The court may order public officials under its control to investigate and report whether service, lecture rooms or lectures are appropriate for the correction and betterment of persons obliged to provide community service or attend lectures, as well as the operation thereof, and may revoke the entrustment of execution of orders to provide community service or attend lectures, when community service, etc. are deemed unsuitable.
(4) Probation officers may request the State or public institutions or other organizations to provide cooperation, when deemed necessary for the execution of orders to provide community service or attend lectures.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 62 (Matters to be Observed by Persons Obliged to Provide Community Service or Attend Lectures)   print
(1) Persons obliged to provide community service or attend lectures shall report their residence, occupations and other necessary matters to the head of the competent probation office, as prescribed by Presidential Decree.
(2) Persons obliged to provide community service or attend lectures shall observe the following matters:
1. They shall follow instructions concerning execution by probation officers;
2. They shall report to probation officers in advance, when they relocate domicile or take a trip at home or abroad for not less than one month.
(3) The court may separately require persons obliged to provide community service or attend lectures to observe matters in particular, other than matters to be observed under paragraph (2), in consideration of the characteristics of persons, within the scope prescribed by Presidential Decree, when it pronounces a sentence.
(4) Matters to be observed under paragraphs (2) and (3) shall be notified in writing.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 63 (Completion of Providing Community Service or Attending Lectures)   print
When persons obliged to provide community service or attend lectures fall under any of the following subparagraphs, providing community service or attending lectures shall be complete:
1. When the execution of orders to provide community service or attend lectures is complete;
2. When a period for the suspension of execution elapses;
3. When the sentence of probation is revoked under Article 64 (2) of the Criminal Act;
4. When they are punished by imprisonment without forced labor or heavier punishment, during the period for execution of orders to provide community service or attend lectures;
5. When a protective disposition is revised under Article 49.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 64 (Provisions Applicable Mutatis Mutandis)   print
(1) The provisions of Articles 34 through 36 and 54 through 57 shall apply mutatis mutandis to persons obliged to provide community service or attend lectures.
(2) The provisions of Articles 37 through 45, 45-2, 46, 47 and 49 shall apply mutatis mutandis to warning, arrests, detention, revoking the suspension of execution or the revision of a protective disposition, following violations of orders or matters to be observed by persons obliged to provide community service or attend lectures.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
CHAPTER V REHABILITATION
Section 1 Methods and Commencement of Rehabilitation
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 Article 65 (Methods of Rehabilitation)   print
(1) Rehabilitation shall be provided in the following methods:
1. Providing room and board;
2. Paying travelling expenses;
3. Providing or lending occupational tools or money and goods used in an occupation;
4. Vocational training or vocational guidance;
5. Support for the self-reliance of persons eligible for rehabilitation;
6. Guidance on good deeds, which are attached to protective measures under subparagraphs 1 through 5.
(2) Details falling under the subparagraphs of paragraph (1) shall be prescribed by Presidential Decree.
(3) The Korea Rehabilitation Agency under Article 71 or any person who has obtained permission to engage in a rehabilitative business under Article 67 may establish and operate facilities for rehabilitation under the subparagraphs of paragraph (1).
(4) Standards of rehabilitation facilities under paragraph (3) shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 66 (Application for Rehabilitation and Measures)   print
(1) Persons eligible for rehabilitation and related institutions may apply for rehabilitation to the head of a probation office, a person who has obtained permission to engage in a rehabilitative business under Article 67 (1) or the Korea Rehabilitation Agency under Article 71.
(2) Any person upon receipt of an application under paragraph (1) shall determine whether rehabilitation is necessary, without delay, and determine the methods of rehabilitation, when he/she has decided to provide rehabilitation.
(3) When any person upon receipt of an application under paragraph (1) determines to provide rehabilitation under paragraph (2), he/she shall take necessary measures for rehabilitation, without delay.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
Section 2 Rehabilitative Business Operators
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 Article 67 (Permission for Rehabilitative Business)   print
(1) Any person who intends to conduct a rehabilitative business shall obtain permission from the Minister of Justice, as prescribed by Ordinance of the Ministry of Justice. The same shall apply to revisions to permitted matters.
(2) The Minister of Justice may determine the scope of business and the period of permission or attach other necessary conditions, when he/she grants permission to engage in a rehabilitative business.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 68 (Standards of Permission)   print
The Minister of Justice shall not grant permission to engage in a rehabilitative business, to any applicant for permission to engage in a rehabilitative business who fails to satisfy any of the following standards:
1. They shall have economic capacity necessary for a rehabilitative business;
2. They shall have social confidence;
3. The organization of a rehabilitative business and the standards of accounting shall be disclosed.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 69 (Duties to Report)   print
Any person who has obtained permission to engage in a rehabilitative business (hereinafter referred to as "business operator") shall report business plans of the next year, the accounting of the previous year and business performance to the Minister of Justice, as prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 70 (Revoking Permission for Rehabilitative Business)   print
When a business operator falls under any of the following subparagraphs, the Minister of Justice may revoke a business permission or order them to suspend the whole or part of a business within a prescribed period of up to six months: Provided, That in cases falling under subparagraph 1 or 4, such permission shall be cancelled:
1. When he/she has obtained permission to engage in a rehabilitative business in a fraudulent manner;
2. When he/she has violated the conditions of permission to engage in a rehabilitative business;
3. When he/she conducts a business, other than a target business;
4. When he/she fails to commence a rehabilitative business within six months after he/she obtains permission to engage in a rehabilitative business, without any justifiable reason, or he/she has no accomplishments for a rehabilitative business for not less than a year;
5. When he/she has reported under Article 69 by fraud;
6. When he/she has violated this Act or an order issued under this Act.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 70-2 (Hearings)   print
The Minister of Justice shall hold a hearing, when he/she intends to revoke permission for a rehabilitative business operator under Article 70.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
Section 3 Korea Rehabilitation Agency
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 Article 71 (Establishment of Korea Rehabilitation Agency)   print
The Korea Rehabilitation Agency (hereinafter referred to as the "agency") shall be established to efficiently promote rehabilitative projects.
[This Article Wholly Amended by Act No. 9168, Dec. 26, 2008]
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 Article 72 (Corporate Entity)   print
The Agency shall be a corporate entity.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 73 (Offices)   print
(1) The location of the main office of the agency shall be prescribed by the articles of association.
(2) The agency may establish its branch offices in places which require its help under the articles of association.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 74 (Articles of Association)   print
(1) The articles of association of the agency shall include the following matters:
1. Objectives;
2. Title;
3. Matters concerning its main office and branch offices;
4. Matters concerning funds;
5. Matters concerning executives and employees;
6. Matters concerning the board of directors;
7. Matters concerning duties;
8. Matters concerning properties and accounting;
9. Matters concerning notification;
10. Matters concerning revision to the articles of association;
11. Matters concerning enactment, revision or repeal of internal regulations.
(2) When the agency intends to revise the articles of association, it shall obtain authorization from the Minister of Justice.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 75 (Registration)   print
The agency shall be established by effecting registration for incorporation of the association in a place in which its main office is located.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 76 (Executives and Their Terms of Office)   print
(1) The agency shall have not more than 10 directors, including a chief director, and an auditor.
(2) The chief director shall be appointed by the Minister of Justice and his/her term of office shall be two years; such term may be renewed consecutively: Provided, That the chief director, for whom the terms of office expire, shall perform his/her duties until his/her successor is appointed.
(3) Directors shall be appointed or commissioned by the Minister of Justice, at the recommendation of the chief director, from among persons of learning and high moral repute, who have enthusiasm for rehabilitative projects, and their terms of office shall be three years and the terms may be renewed consecutively: Provided, That the terms of office of directors, who are public officials, shall be the period during which they hold their official positions.
(4) An auditor shall be appointed by the Minister of Justice, upon the recommendation of the chief director, and his/her term of office shall be two years, such term may be renewed consecutively.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 77 (Duties of Executives)   print
(1) The chief director shall represent the agency and exercise the overall control of its affairs.
(2) An auditor shall audit the duties and accounting of the agency.
(3) Directors, other than the chief director, and an auditor may work part time.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 78 (Grounds for Disqualification of Executives)   print
No one falling under any of the following subparagraphs shall be the executive of the agency:
1. Person who is not a citizen of the Republic of Korea;
2. Person falling under any of the subparagraphs of Article 33 of the State Public Officials Act.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 79 (Dismissal of Executives)   print
(1) When any executive falls under any of the subparagraphs of Article 78, he/she shall retire from his/her office.
(2) When any executive falls under any of the following subparagraphs, the Minister of Justice may dismiss him/her:
1. When he/she is deemed to have no enthusiasm for rehabilitative projects;
2. When he/she violates any of his/her duties or he/she is negligent in performing his/her duties;
3. When he/she is deemed to be ineligible to serve as an executive due to other grounds.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 80 (Board of Directors)   print
(1) The board of directors shall be established under the control of the agency, so as to deliberate on and pass resolutions on major matters concerning the duties of the agency.
(2) The board of directors shall consist of the chief director and directors.
(3) The chief director shall convene the board of directors and become its chairperson.
(4) An auditor may attend meetings of the board of directors to state his/her opinions.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 81 (Appointment or Dismissal of Employees)   print
The employees of the agency shall be appointed or dismissed by the chief director under the articles of association.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 82 (Projects of Agency)   print
The agency shall conduct the following projects to achieve its objectives:
1. Rehabilitation;
2. Investigation, research, dissemination and publicity of the rehabilitation system;
3. Profit-making businesses for rehabilitative projects;
4. Projects necessary for achieving the purposes of the agency.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 83 (Assets of Agency)   print
The following property shall be the assets of the agency:
1. Real estate owned by the agency and other property;
2. The state subsidies;
3. Proceeds generated from assets;
4. Other revenues.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 84 (Business Plans, etc. of Agency)   print
(1) The fiscal year of the agency shall follow the fiscal year of the Government.
(2) The agency shall submit its business plans and budget for the next fiscal year to the Minister of Justice before each fiscal year commences, as prescribed by Ordinance of the Ministry of Justice, and obtain approval from him/her. The same shall apply to revisions to such plans.
(3) The agency shall submit details of its business performance and final accounts of the previous year to the Minister of Justice after each fiscal year ends, as prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 85 (Reports of Donations)   print
When the agency receives donations for rehabilitative projects, it shall report matters with regard to accepting and handling donations to the Minister of Justice.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 86 (Establishment of Rehabilitation Fund)   print
The rehabilitation fund (hereinafter referred to as the "Fund") shall be established under the control of the agency, so as to secure financial resources necessary for promoting rehabilitative projects.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 87 (Financial Resources of Fund)   print
The Fund shall be constituted of the following financial resources:
1. Profits generated from the operation of the fund;
2. Revenues generated from the projects of the agency;
3. Donations under related Acts and subordinate statutes.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 88 (Operation and Management of Fund)   print
(1) The Fund shall be operated and managed by the agency.
(2) Necessary matters concerning the operation and management of the fund shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 89 (Use of Fund)   print
The Fund shall be used for projects falling under any subparagraph of Article 82.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 90 (Borrowing Funds)   print
The agency may borrow funds with the help of the Fund, after obtaining approval from the Minister of Justice, when deemed necessary for the operation of the Fund.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 91 (Handling Profits)   print
When profits arise as the result of settlement of accounts for each business year, the agency shall appropriate such profits for the supplementation of the loss brought forward and save the remainder for the Fund.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 92 (Provisions Applicable Mutatis Mutandis)   print
The provisions of the Civil Act concerning an incorporated foundation shall apply mutatis mutandis to the agency, except as otherwise provided for by this Act.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 93 (Legal Fiction as Public Officials in Application of Penal Provisions)   print
The executives and employees of the agency shall be deemed public officials, when penal provisions under the Criminal Act and other Acts are applied thereto.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
Section 4 Support and Supervision of Rehabilitative Projects
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 Article 94 (Subsidies)   print
The State or local governments may subsidize business operators and the agency.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 95 (Tax Reduction or Exemption)   print
The national tax or local tax may be reduced or exempted for rehabilitative projects by the State or local governments under the Restriction of Special Taxation Act or the Restriction of Special Local Taxation Act. <Amended by Act No. 10220, Mar. 31, 2010>
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 96 (Profit-making Business)   print
(1) When business operators or the agency intend to conduct a profit-making business for rehabilitative projects, it shall obtain approval from the Minister of Justice for each profit-making business. The same shall apply to revisions to such business.
(2) When business operators or the agency engaged in a profit-making business use profits for business, other than rehabilitative projects, the Minister of Justice may order them to correct or suspend such profit-making business.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 97 (Supervision)   print
(1) The Minister of Justice shall command and supervise business operators and the agency.
(2) The Minister of Justice may order business operators and the agency to report matters concerning their duties and submit data, etc. or have public officials under his/her control investigate matters concerning the operation of business operators and the agency, when necessary for the supervision of business operators and the agency.
(3) Public officials conducting an investigation under paragraph (2) shall carry a certificate indicating their authority and show it to relevant persons.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 98 (Prohibition against Using Similar Names)   print
(1) No person, other than the agency under this Act, shall use the name of the Korea Rehabilitation Agency or similar names.
(2) No person, other than a business operator under this Act, use the title "rehabilitation committee" or similar titles.
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
CHAPTER VI PENAL PROVISIONS
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 Article 99 (Penal Provisions)   print
Any person falling under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding three million won:
1. Person engaged in profit-making activities under the pretext of conducting a rehabilitative business, without obtaining permission for a rehabilitative business;
2. Person engaged in profit-making activities violating the purposes of a rehabilitative business, by exploiting permission to engage in a rehabilitative business;
3. Person who has violated a suspension order under Article 70;
4. Person who has violated an order under Article 96 (2).
[This Article Wholly Amended by Act No. 9748, May 28, 2009]
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 Article 100 (Joint Penal Provisions)   print
Where a representative of a corporation, or an agent, employee or other servant of the corporation or an individual commits an offence under Article 99, in connection with the business of the corporation or the individual, not only shall such offender be punished accordingly, but the corporation or the individual shall be punished by a fine under each relevant Article: Provided, That where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation, this shall not apply.
[This Article Wholly Amended by Act No. 9168, Dec. 26, 2008]
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 Article 101 (Fines for Negligence)   print
(1) Any person who violates any provision of Article 98 shall be punished by fines for negligence not exceeding two million won.
(2) Fines for negligence under paragraph (1) shall be imposed and collected by the Minister of Justice, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9168, Dec. 26, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1997.
Article 2 (Transitional Measures concerning Guiding Members and Rehabilitation Members)
Guiding members and rehabilitation members under the previous provisions, as at the time this Act enters into force, shall be deemed crime-prevention members under this Act.
Article 3 (Transitional Measures concerning Rehabilitative Business Operators)
Rehabilitative business operators, who have obtained permission under the previous provisions, at the time this Act enters into force, shall be deemed to have obtained permission under this Act.
Article 4 (Transitional Measures concerning Korea Rehabilitation Corporation)
The Korea Rehabilitation Corporation, at the time this Act enters into force, shall be deemed the Korea Rehabilitation Corporation under this Act.
Article 5 Omitted.
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.
ADDENDA<Act No. 7078, Jan. 20, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA<Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 8722, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation (Proviso Omitted).
Articles 2 through 6 Omitted.
ADDENDA<Act No. 8723, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Act No. 8728, Dec. 21, 2007>
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. 9168, Dec. 26, 2008>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) Omitted.
ADDENDUM<Act No. 9748, May 28, 2009>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA<Act No. 10220, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 5 Omitted.