Act On The Probation And Electronic Monitoring, Etc. Of Specific Criminal Offenders


Published: 2013-04-05

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to promote the healthy rehabilitation of specific criminal offenders by providing supervision, care and help through probation, etc. after they have served a sentence for the prevention of recidivism, and to protect citizens from specific crimes by taking additional measures, such as requiring specific criminal offenders to wear an electronic tracking device. <Amended by Act No. 9654, May 8, 2009; Act No. 11558, Dec. 18, 2012>
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 Article 2 (Definitions)   print
The terms used in this Act shall be defined as follows: <Amended by Act No. 8634, Aug. 3, 2007; Act No. 9654, May 8, 2009; Act No. 9765, Jun. 9, 2009; Act No. 10257, Apr. 15, 2010; Act No. 11556, Dec. 18, 2012; Act No. 11731, Apr. 5, 2013>
1. The term "specific crime" means any sex crime, abduction of minors, homicide and robbery;
2. The term "sex crime" means any of the following crimes:
(a) Crimes under Articles 297, 298, 299, 300, 301, 301-2, 302, 303, 305 and 305-2 of the Criminal Act among crimes concerning rape and indecent conduct referred to in Chapter XXXII of Part II of the same Act and crimes under Article 339, 340 (3) (limited to a crime of raping a woman) and Article 342 (limited to a person who has committed an attempted rape of a woman among Articles 339 and 340 (3)) of the Criminal Act among crimes of larceny and robbery referred to in Chapter XXXVIII of Part II of the same Act;
(b) Crimes under in Articles 3 through 10 and Article 15 (limited to attempts of any crimes provided for in Articles 3 through 9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
(c) Crimes under Article 7 of the Act on the Prevention of Children and Juveniles from Sexual Abuse;
(d) Crimes under items (a) through (c), which are subject to aggravated punishment pursuant to other Acts;
3. The term "crime of abducting a minor" means any of the following crimes:
(a) Crimes under Articles 287 through 292, 294, 296, 324-2 and 336 of the Criminal Act committed against a minor;
(c) Crimes under items (a) and (b), which are subject to aggravated punishment pursuant to other Acts;
3-2. The term "crime of homicide" means any of the following crimes:
(a) Crimes under Articles 88 and 89 (limited to an attempt of any crimes provided for in Article 88) among those concerning insurrection provided for in Chapter I of Part II of the Criminal Act, crime under Articles 250, 251, 252, 253, 254 and 255 among those concerning homicide provided for in Chapter XXIV of Part II of the same Act, crime under the former part of Article 301-2 among those concerning rape and indecent conduct in Chapter XXXII of Part II of the same Act, crimes under the former part of Article 324-4 and Article 324-5 (limited to an attempt of any crimes provided for in the former part of Article 324-4) among those concerning obstructing another from exercising his/her right provided for in Chapter XXXVII of Part II and the former part of Article 338, Article 340 (3) (limited to a crime of killing a person) and Article 342 (limited to an attempt to kill a person among the crimes provided for in the former part of Article 338 and Article 340 (3)) among those concerning larceny and robbery provided for in Chapter XXXVIII of Part II of the same Act;
(b) Crimes under Article 9 (1) and Article 15 (limited to attempts of any crimes provided for in under Article 9 (1)) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
(c) Crimes under Article 5-2 (2) 2 and paragraph (6) of the same Article (limited to attempts of any crimes provided for in paragraph (2) 2 of the same Article) of the Act on the Aggravated Punishment, etc. of Specific Crimes;
(d) Crimes under items (a) through (c), which are subject to aggravated punishment pursuant to other Acts;
3-3. The term "robbery" means any of the following crimes: <<Enforcement Date: Jun. 19, 2014>>
(a) Crimes under Articles 333, 334, 335, 336, 337, 338, 339, 340, 341, 342 (limited to attempts of any crimes provided for in Articles 333 through 341) and 343 among those concerning larceny and robbery provided for in Chapter XXXVIII of Part II of the Criminal Act;
(b) Crimes under Article 3 (2) and Article 15 (limited to attempts of any crime provided for in Article 3 (2)) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
(c) Crimes under items (a) and (b), which are subject to aggravated punishment pursuant to other Acts;
4. The term "electronic tracking device (hereinafter referred to as "electronic device")" means any mechanical unit prescribed by Presidential Decree that enables the detection of its location or movement by transmitting and tracing radio waves.
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 Article 3 (Responsibility of State)   print
The State shall pay attention to the prevention of unlawful infringement on citizens' rights in the process of enforcing this Act.
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 Article 4 (Scope of Application)   print
No electronic device under this Act shall be attached to any minor under 19 years of age until he/she attains said age, even though sentenced to an order to wear an electronic device. <Amended by Act No. 9654, May 8, 2009>
CHAPTER II ATTACHMENT OF ELECTRONIC DEVICES AFTER TERMINATION OF EXECUTION OF SENTENCE
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 Article 5 (Requests for Orders to Attach Electronic Devices)   print
(1) A public prosecutor may file a request with a court to issue an order to attach an electronic device to a person deemed to pose an unacceptable risk of recommitting a sex crime (hereinafter referred to as "attachment order") if: <Amended by Act No. 9112, Jun. 13, 2008; Act No. 10257, Apr. 15, 2010; Act No. 11558, Dec. 18, 2012>
1. The person recommits a sex crime within ten years from the time he/she has completed or been exempted from the execution of a sentence to imprisonment for committing a sex crime;
2. The person who once wore an electronic device under this Act for committing a sex crime recommits a sex crime;
3. The person is found to have a tendency to repeat sex crimes because he/she has committed a sex crime on at least two occasions (including where he/she has been found guilty in a final and conclusive judgment);
4. The person recommits a sex crime against a minor under 19 years of age;
5. The person recommits a sex crime against a person who has a physical or mental disability.
(2) A public prosecutor may file a request with a court to issue an attachment order to any person who has committed a crime of abducting a minor and is deemed to pose an unacceptable risk of recommitting such crime: Provided, That he/she must file a request to issue an attachment order to any person who was sentenced to imprisonment or heavier punishment for committing a crime of abduction and has recommitted such crime after the execution of the sentence was completed or exempted. <Newly Inserted by Act No. 9654, May 8, 2009; Act No. 10257, Apr. 15, 2010>
(3) A public prosecutor may file a request with a court to issue an attachment order to any person who has committed homicide and is deemed to pose an unacceptable risk of recommitting such crime: Provided, That he/she shall file a request to issue an attachment order to any person who was sentenced to imprisonment or heavier punishment for committing homicide and has recommitted such crime after the execution of the sentence was completed or exempted. <Newly Inserted by Act No. 10257, Apr. 15, 2010>
(4) A public prosecutor may file a request with a court to issue an attachment order to a person who is deemed to pose an unacceptable risk of recommitting robbery if: <Newly Inserted by Act No. 11558, Dec. 18, 2012><<Enforcement Date: Jun. 19, 2014>>
1. The person recommits robbery within ten years from the time he/she has completed or been exempted from the execution of a sentence to imprisonment for committing robbery;
2. The person who once wore an electronic device under this Act for committing robbery recommits robbery;
3. The person is found to have a tendency to repeat robbery because he/she has committed robbery on at least two occasions (including where he has been found guilty in a final and conclusive judgment).
(5) A request for attachment order referred to in paragraphs (1) through (4) shall be filed before the closing of the oral proceedings in the appellate trial on the specific crime case prosecuted. <Amended by Act No. 9654, May 8, 2009; Act No. 10257, Apr. 15, 2010; Act No. 11558, Dec. 18, 2012><<Enforcement Date: Jun. 19, 2014>>
(6) Where deemed necessary to sentence the relevant offender to an attachment order as a result of trial on the specific crime case prosecuted, a court may require the relevant public prosecutor to file a request to issue an attachment order. <Amended by Act No. 9654, May 8, 2009><<Enforcement Date: Jun. 19, 2014>>
(7) No request for an attachment order may be filed with respect to any specific crime case referred to in paragraphs (1) through (4) after 15 years have passed without the judgment thereon becoming final and conclusive since it was prosecuted. <Amended by Act No. 9654, May 8, 2009; Act No. 10257, Apr. 15, 2010; Act No. 11558, Dec. 18, 2012><<Enforcement Date: Jun. 19, 2014>>
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 Article 5 (Requests for Orders to Attach Electronic Devices)   print
(1) A public prosecutor may file a request with a court for the issuance of an order to attach an electronic device to any of the following persons and is deemed to pose a particularly high risk of repeating his/her sex crimes (hereinafter referred to as "attachment order"): <Amended by Act No. 9112, Jun. 13, 2008;Act No. 10257, Apr. 15, 2010>
1. A person who has committed a sex crime again within ten years from the time he/she was sentenced to imprisonment for the commission of sex crimes and then completed or was exempted from the enforcement of the sentence;
2. A person who has committed a sex crime again though he/she once wore an electronic device under this Act for the commission of sex crimes;
3. A person who is found to have a tendency to commit sex crimes because of the repetition (including cases where the person has been found guilty in a final and conclusive judgment) thereof;
4. A person who has committed a sex crime against a minor under the age of 16.
(2) A public prosecutor may file a request with a court for the issuance of an attachment order to any person who has committed the abduction of a minor and is deemed to pose a particularly high risk of recommitting such crime: Provided, That he/she shall file a request for the issuance of an attachment order to any person who was sentenced to imprisonment or heavier punishment for committing the crime of abduction and has recommitted such crime after the execution of the sentence was completed or exempted. <Newly Inserted by Act No. 9654, May 8, 2009;Act No. 10257, Apr. 15, 2010>
(3) A public prosecutor may file a request with a court for the issuance of an attachment order to any person who has committed homicide and is deemed to pose a particularly high risk of repeating such crime: Provided, That he/she shall file a request for the issuance of an attachment order to any person who was sentenced to imprisonment or heavier punishment for committing homicide and has recommitted such crime after the execution of the sentence was completed or exempted. <Newly Inserted by Act No. 10257, Apr. 15, 2010>
(4) Requests for attachment order referred to in paragraphs (1) through (3) shall be filed before the closing of the oral proceedings in the appellate instance subject to prosecution. <Amended by Act No. 9654, May 8, 2009; Act No. 10257, Apr. 15, 2010>
(5) A court may, where deemed necessary to issue an attachment order as a result of trial on the specific crime case prosecuted, call on the relevant public prosecutor to file a request therefor. <Amended by Act No. 9654, May 8, 2009>
(6) No request for an attachment order may be filed with respect to a specific crime case referred to in paragraphs (1) through (3) after 15 years have passed without the judgment thereon becoming final and conclusive since it was prosecuted. <Amended by Act No. 9654, May 8, 2009; Act No. 10257, Apr. 15, 2010>
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 Article 6 (Investigations)   print
(1) Where deemed necessary to request an attachment order, a public prosecutor may request the director of the probation office (including a branch office thereof; hereinafter the same shall apply) having jurisdiction over the residence of the suspect or the location of the competent public prosecutor's office (including a branch office thereof; hereinafter the same shall apply) to investigate the motives of the crime, relationship to the victim, the mental state, the risk of recidivism, and other necessary matters regarding the suspect.
(2) Upon receipt of a request for investigation made under paragraph (1), the director of the probation office shall designate a probation officer to conduct such investigation.
(3) The probation officer designated pursuant to paragraph (2) shall promptly investigate necessary matters and submit an investigation report to the public prosecutor. <Amended by Act No. 11558, Dec. 18, 2012>
(4) A public prosecutor may request the director of the probation office in receipt of a request made under paragraph (1) to report the progress of the investigation. <Newly Inserted by Act No. 11558, Dec. 18, 2012>
(5) A public prosecutor shall refer to the results of the psychiatric test and other expert diagnosis of the suspect if necessary to request an attachment order. <Amended by Act No. 11558, Dec. 18, 2012>
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 Article 7 (Jurisdiction for Case of Requests for Attachment Orders)   print
(1) The jurisdiction for the case of a request for an attachment order shall be the same as that for a specific crime case tried concurrently with the former. <Amended by Act No. 9654, May 8, 2009>
(2) The trial of the first instance on the case of a request for an attachment order shall be under jurisdiction of the collegiate division of a district court (including the collegiate division of a branch court thereof; hereinafter the same shall apply).
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 Article 8 (Matters to be Stated in Written Requests for Attachment Orders, etc.)   print
(1) A written request for an attachment order shall include the following matters:
1. The name of the person for whom the attachment order is requested (hereinafter referred to as "person for whom the attachment order is requested") and other descriptions to identify the person for whom the attachment order is requested;
2. Facts constituting the cause of action;
3. Applicable legal provisions;
4. Other matters prescribed by Presidential Decree.
(2) A court shall, upon receipt of a request for attachment order, send a duplicate of the written request for attachment order without delay to the person for whom the attachment order is requested or his/her attorney-at-law. In such cases, if the request is made concurrently with prosecution of the specific crime case concerned, the duplicate shall be sent not later than five days before the date of the initial trial; and if such request is filed during the trial of the specific crime case, not later than five days before the date of the next trial. <Amended by Act No. 9654, May 8, 2009>
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 Article 9 (Judgment, etc. on Attachment Orders)   print
(1) Where a request for attachment order is deemed well-grounded, a court shall issue an attachment order by judgment setting a period of attachment within the following applicable periods: Provided, That when a specific crime is committed against a person under 19 years of age, the minimal period of attachment shall be the double the minimal periods stipulated in the following subparagraphs: <Amended by Act No. 9112, Jun. 13, 2008; Act No. 10257, Apr. 15, 2010; Act No. 11558, Dec. 18, 2012>
1. Specific crimes, the maximum legal penalty for which is death penalty or imprisonment for life: From 10 to 30 years;
2. Specific crimes, the minimal sentence of legal penalty for which is imprisonment for a term of at least three years (excluding the specific crimes referred to in subparagraph 1): From 3 to 20 years;
3. Specific crimes, which the minimal sentence of legal penalty for which is imprisonment for a term of less than three years (excluding the specific crimes referred to in subparagraph 1 or 2): From 1 to 10 years.
(2) When issuing an attachment order simultaneously for several specific crimes, the period of attachment shall be increased by one half of the maximum period of the most serious crime committed, but the period of attachment shall not exceed the sum of the maximum period of each crime: Provided, That where one act constitutes several specific crimes, the period of attachment stipulated for the most serious crime shall be imposed. <Newly Inserted by Act No. 10257, Apr. 15, 2010>
(3) A person who has been sentenced of an attachment order shall be on probation under the Act on Probation, etc. during the period of attachment. <Newly Inserted by Act No. 10257, Apr. 15, 2010>
(4) A court shall reject a request for attachment order by judgment if: <Amended by Act No. 9112, Jun. 13, 2008; Act No. 9654, May 8, 2009>
1. The request for attachment is deemed groundless;
2. A judgment or verdict of innocence (excluding where medical treatment and custody is pronounced on the grounds of insanity), acquittal, or the dismissal of prosecution is rendered with respect to the specific crime case;
3. A fine is pronounced with respect to the specific crime case;
4. The suspension of sentence or execution is pronounced with respect to the specific crime case (excluding where an order to attach an electronic device is issued pursuant to Article 28 (1)).
(5) Judgment on the case with respect to which a request for attachment order is filed shall be rendered concurrently with the judgment on the specific crime case concerned. <Amended by Act No. 9654, May 8, 2009>
(6) The grounds for a judgment sentencing to an attachment order shall include the facts which constitute the requirements of the sentence, a summary of evidence and applicable provisions.
(7) A sentence of an attachment order shall not favorably affect the assessment of the culpability of the specific crime case. <Amended by Act No. 9654, May 8, 2009>
(8) When an appeal, or waiver or withdrawal thereof is filed with respect to the judgment on a specific crime case, the same appeal or waiver or withdrawal thereof shall be deemed filed with respect to the judgment on the case for which a request for attachment order is filed. The same shall also apply where a request for the reinstatement of the right of appeal or for retrial or an extraordinary appeal is filed. <Amended by Act No. 9654, May 8, 2009>
(9) Notwithstanding paragraph (8), a public prosecutor or a person for whom the attachment order is requested and a person described in Article 340 or 341 of the Criminal Procedure Act may file an appeal, or waiver or withdrawal thereof in connection with the attachment order, separately from the specific crime case concerned. The same shall also apply to a request for the reinstatement of the right of appeal or for retrial or an extraordinary appeal.
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 Article 9-2 (Matters to be Observed)   print
(1) In issuing an attachment order under Article 9 (1), the court may set a period of observance within the scope of the attachment period, and impose a duty to observe one or more of the following: Provided, That the period of observance for the matter to be observed under subparagraph 4 shall be determined in the scope of 500 hours: <Amended by Act No. 10257, Apr. 15, 2010>
1. Night curfew or confinement to a specific time zone;
2. Prohibition on entry into a specific area or place;
2-2. Limitation on residential area;
3. Prohibition on approaching certain individuals, including the victim;
4. Completion of rehabilitation programs for specific crimes;
5. Other matters as may be necessary to prevent recidivism, and to rectify the character and conduct, of the person placed under the attachment order.
(2) Deleted. <by Act No. 10257, Apr. 15, 2010>
[This Article Newly Inserted by Act No. 9112, Jun 13, 2008]
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 Article 10 (Notification of Judgment, etc. on Attachment Order)   print
(1) A court shall, upon issuance of an attachment order under Article 9, send a certified copy of the judgment to the director of the probation office having jurisdiction over the residence of the person sentenced to the attachment order (hereinafter referred to as "person subject to attachment order") within three days from the date on which the judgment becomes final and conclusive.
(2) The director of a correctional institution, juvenile correctional institute, house of detention, medical treatment and custody facility or military correctional institution (hereinafter referred to as "director of a correctional institution, etc.") shall notify the release of a person subject to attachment order to the director of the probation office having jurisdiction over the residence of such person, by not later than five days before the release. <Amended by Act No. 9112, Jun. 13, 2008>
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 Article 11 (Public Defender, etc.)   print
Articles 282 and 283 of the Criminal Procedure Act shall apply mutatis mutandis to cases of a request for attachment order. <Amended by Act No. 10257, Apr. 15, 2010>
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 Article 12 (Direction of Execution)   print
(1) An attachment order shall be executed by a probation officer under the direction of a public prosecutor.
(2) The direction under paragraph (1) shall be conducted in writing accompanied by a certified copy of the judgment concerned.
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 Article 13 (Execution of Attachment Orders)   print
(1) An attachment order shall be executed by attaching an electronic device to the body of the person subject to such attachment order immediately prior to his/her release on the date the execution of a sentence on the specific crime case is terminated or exempted, the person serving the sentence is released on parole, or the execution of medical treatment and custody is terminated or provisionally terminated: Provided, That where the execution of a sentence or medical treatment and custody continues due to another crime case, other than the specific crime case that has caused an attachment order, the attachment order shall be executed from the date the execution of the sentence on another crime case, other than the specific crime case that has caused the attachment order, is terminated or exempted, or from the date the person serving the sentence is released on parole or the execution of medical treatment and custody is terminated or provisionally terminated. <Amended by Act No. 9112, Jun. 13, 2008; Act No. 9654, May 8, 2009; Act No. 11558, Dec. 18, 2012>
(2) The execution of an attachment order shall be conducted without impairing the completeness of the body.
(3) Where multiple attachment orders are issued, they shall be executed on the order in which they are determined. <Newly Inserted by Act No. 10257, Apr. 15, 2010>
(4) The execution of an attachment order shall be suspended if: <Amended by Act No. 9112, Jun. 13, 2008; Act No. 10257, Apr. 15, 2010>
1. The person subject to attachment order is detained in the course of execution of a warrant of arrest for committing another crime during the execution of the attachment order;
2. The person subject to attachment order is subject to the execution of imprisonment without prison labor or heavier punishment for committing another crime during the execution of the attachment order;
3. Parole or the provisional termination of execution is revoked or ceases to have effect during the period for which an electronic device is attached to the person subject to the parole or the provisional termination of execution.
(5) With respect to an attachment order, the execution of which is suspended pursuant to paragraph (4), the remaining period shall be executed according to the following classifications: <Amended by Act No. 9112, Jun. 13, 2008; Act No. 10257, Apr. 15, 2010>
1. In cases falling under paragraph (4) 1, the remaining period shall be executed from the time the detention is released or the non-execution of imprisonment without prison labor or heavier punishment becomes final and conclusive;
2. In cases falling under paragraph (4) 2, the remaining period shall be executed from the time the execution of the sentence is terminated or exempted or the parole is commenced;
3. In cases falling under paragraph (4) 3, the remaining period shall be executed from the time the execution of the sentence or medical treatment and custody is terminated or exempted.
(6) Other matters necessary for the execution and suspension of attachment orders shall be prescribed by Presidential Decree.
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 Article 14 (Duty of Persons Wearing Electronic Devices)   print
(1) Any person to whom an electronic device is attached (hereinafter referred to as "person wearing an electronic device") shall be prohibited from damaging or detaching the electronic device from his/her body at his/her discretion, disrupting the device, altering the data received, or otherwise impeding the use thereof, during the period for which the electronic device is attached.
(2) Within ten days from the date on which the execution of the sentence for the specific crime case is completed or exempted or on which the release on parole in respect to such case, any person wearing an electronic device shall present himself/herself to the probation office having jurisdiction over his/her residence and file a written report on such matter. <Newly Inserted by Act No. 10257, Apr. 15, 2010>
(3) Any person wearing an electronic device shall request for permission in advance to a probation officer when changing his/her residence or departing from the Republic of Korea.
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 Article 14-2 (Extension of Period of Attachment, etc.)   print
(1) When a person wearing an electronic device falls under any of the following subparagraphs, the court may, upon the request of a public prosecutor demanded by the director of the relevant probation office, decide to extend the period of attachment or add or alter the matters to be observed under Article 9 (1):
1. Where a matter to be observed in Article 32 of the Act on Probation, etc. is contravened without a justifiable ground;
2. Where he/she fails to file a report without a justifiable ground, in violation of Article 14 (2);
3. Where he/she changes his/her residence or departs from the Republic of Korea without permission without a justifiable ground, in violation of Article 14 (3).
(2) For cases involving change of circumstances other than those regulated in the subparagraphs of paragraph (1), the court may, when it deems a proper ground exists, decide to add, alter, or delete the matters to be observed under Article 9 (1) upon the request of a public prosecutor demanded by the director of the relevant probation office.
[This Article Newly Inserted by Act No. 10257, Apr. 15, 2010]
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 Article 15 (Duty of Probation Officers)   print
(1) A probation officer shall provide necessary guidance and support to prevent recidivism of a person wearing an electronic device and to facilitate his/her rehabilitation.
(2) A probation officer may take necessary measures to prevent recidivism a person wearing an electronic device and to prevent excess anguish due to shame, including medical treatment at a medical institution adjacent to his/her residence and counseling treatment at a counseling center during the period for which the person is ordered to wear an electronic device. <Amended by Act No. 11558, Dec. 18, 2012>
(3) If necessary, a probation officer may obtain data based on which he/she may confirm the living conditions of a person wearing an electronic device during the execution of a sentence or medical treatment and custody, such as data on education under Article 63 of the Administration and Treatment of Correctional Institution Inmates Act, correctional programs under Article 64 of the same Act and disciplinary punishment under Article 107 of the same Act, by requesting a prison warden, etc. before commencing the execution of an attachment order, and interview the person wearing an electronic device who is under the execution of a sentence or medical treatment and custody. In such cases, such prison warden, etc. shall cooperate with the probation officer. <Newly Inserted by Act No. 11558, Dec. 18, 2012>
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 Article 16 (Preservation, Use, Destruction, etc. of Data Received)   print
(1) The director of a probation office shall receive radio waves transmitted from the electronic devices attached to persons wearing an electronic device and preserve the data (hereinafter referred to as "data received").
(2) No data received may be made available for inspection or inquiry or made public, except in the following cases: <Amended by Act No. 9654, May 8, 2009>
1. Where it is used as data for investigation of, or trial on suspicion that a person wearing an electronic device might have committed a specific crime;
2. Where it is used by a probation officer for the purposes of providing guidance and support;
3. Where it is used by a Probation Review Committee established under Article 5 of the Act on Probation, etc. (hereinafter referred to as "Review Committee") for the purposes of conducting an examination concerning the provisional cancellation or revocation of an attachment order.
(3) Deleted. <by Act No. 11558, Dec. 18, 2012>
(4) A public prosecutor or judicial police officer shall obtain permission from the competent local court (including a general military court) or branch court to inspect or make inquiries about data received: Provided, That where he/she cannot obtain permission from the competent local court or branch court on the grounds of urgency, he/she shall first request the inspection of or inquiry about data received, to the competent local court or branch court, obtain permission and forward permission so obtained to the director of the relevant probation office. <Amended by Act No. 11558, Dec. 18, 2012>
(5) Where a public prosecutor or judicial police officer has inspected or inquired about data received but fails to obtain permission from a local court or branch court on the grounds of urgency provided for in the proviso to paragraph (4), he/she shall, without delay, destroy data received he/she has inspected or inquired about, and notify the director of the relevant probation office thereof. <Newly Inserted by Act No. 11558, Dec. 18, 2012>
(6) The director of a probation office shall destroy the data received in any of the following cases: <Amended by Act No. 10257, Apr. 15, 2010>
1. Where a criminal sentence accompanied by an attachment order ceases to have effect pursuant to Article 81 of the Criminal Act;
2. Where a criminal sentence accompanied by an attachment order ceases to have effect due to a pardon;
3. Where five years have passed since a person wearing an electronic device completed the period of attachment without being sentenced to the suspension of qualification or heavier punishment or re-ordered to wear an electronic device under this Act.
(7) Other matters necessary for the preservation, use, inspection, inquires, destruction, etc. of data received shall be prescribed by Presidential Decree. <Amended by Act No. 11558, Dec. 18, 2012>
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 Article 16-2 (Provision of Personal Information of Persons Wearing Electronic Device, etc.)   print
(1) The director of a probation office may provide personal information reported by a person wearing an electronic device pursuant to Article 14 (2) to an investigation agency such as the chief of the police station having jurisdiction over the residence of the person wearing an electronic device, to be available for prevention and investigation of crimes.
(2) Where an investigation agency provided with personal information pursuant to paragraph (1) deems that any facts it has become aware of in the course of crime prevention and investigation activities are data to be used for guidance and supervision of a person wearing an electronic device, it shall provide the director of a probation office with such facts.
(3) Where a person wearing an electronic device has committed a crime or upon a showing of probable cause to suspect that he has committed a crime, the director of a probation office shall notify an investigation agency of such fact.
(4) Where an investigation agency becomes aware that a person arrested or detained is wearing an electronic device, it shall notify the director of the probation office having jurisdiction over the residence of the person wearing an electronic device thereof.
(5) Matters necessary for procedures for and management of provision and notification under paragraphs (1) through (4) and other matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11558, Dec. 18, 2012]
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 Article 17 (Applications, etc. for Provisional Cancellation of Attachment Orders)   print
(1) The director of a probation office, or a person wearing an electronic device or his/her legal representative, may file an application for the provisional cancellation of a attachment order with the Review Committee having jurisdiction over the relevant probation office.
(2) The application under paragraph (1) shall be filed after three months have passed since the execution of the attachment order commenced. If the application is rejected, it may be filed again three months after such rejection.
(3) In filing the application for provisional cancellation under paragraph (2), reference materials to serve to examine the provisional cancellation shall be accompanied.
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 Article 18 (Review of and Determination on Provisional Cancellation of Attachment Orders)   print
(1) The Review Committee shall consider opinions of probation officers and other experts about the character and living attitudes of persons wearing an electronic device, the status of implementation of attachment orders, and the risk of recidivism when reviewing provisional cancellation. <Amended by Act No. 11558, Dec. 18, 2012>
(2) If necessary to review provisional cancellation, the Review Committee may require the director of the relevant probation to investigate necessary matters, or directly summon, question or investigate the person wearing an electronic device or other relevant persons.
(3) Upon receipt of a request made under paragraph (2), the director of the probation office shall investigate necessary matters and notify the Review Committee thereof.
(4) The Review Committee may determine to provisionally cancel an attachment order if the person wearing an electronic device is deemed to have no risk of recidivism because his/her criminal tendency is rectified to the extent that it is not necessary to continue the execution of the attachment order. In such cases, the Review Committee may require the person wearing an electronic device to regularly report the details of relocation of his/her residence and other matters to the director of the probation office.
(5) When the Review Committee determines not to provisionally cancel an attachment order, it shall state the grounds therefor in the written determination.
(6) When an attachment order is provisionally cancelled pursuant to paragraph (4), probation under Article 9 (3), matters to be observed under Article 9-2 and probation under Article 61 (3) of the Act on Protection of Children and Juveniles from Sexual Abuse shall be deemed provisionally cancelled. <Newly Inserted by Act No. 9112, Jun. 13, 2008; Act No. 10257, Apr. 15, 2010; Act Nos. 11558 & 11572, Dec. 18, 2012>
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 Article 19 (Revocation, etc. of Provisional Cancellation)   print
(1) Where a person for whom an attachment order is provisionally canceled commits a specific crime fails to report the details, etc. of relocation of his/her residence, or otherwise is found to be in danger of repeating a crime, the director of the relevant probation office may file an application with the competent Review Committee for the revocation of the provisional cancellation. In such cases, the Review Committee shall revoke the provisional cancellation if deemed that the person subject to such provisional cancellation is clearly at risk of recidivism. <Amended by Act No. 9654, May 8, 2009>
(2) Any person against whom the provisional cancellation is revoked pursuant to paragraph (1) shall wear the electronic device during the remaining implementation period of the attachment order. In such cases, the period of the provisional cancellation shall not be included in the implementation period of the attachment order.
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 Article 20 (Completion of Execution of Attachment Orders)   print
The execution of an attachment order issued pursuant to Article 9 shall be completed in any of the following cases:
1. When the implementation period of the attachment order has expired;
2. When a criminal sentence accompanying by the attachment order has ceased to have effect due to a pardon;
3. Deleted; <by Act No. 9112, Jun. 13, 2008>
4. When, with respect to a person provisionally released from the attachment order, the remaining implementation period of the attachment order has elapsed without revocation of the provisional cancellation.
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 Article 21 (Prescription of Attachment Orders)   print
(1) Any person wearing an electronic device order shall be exempted from the execution of the attachment order when the prescription of a sentence on the specific crime case accompanied by the attachment order is completed without execution of such order after the judgment thereon becomes final and conclusive. <Amended by Act No. 9654, May 8, 2009>
(2) The prescription of an attachment order shall be interrupted upon arrest of the person subject to the attachment order.
CHAPTER II-2 PROBATION AFTER TERMINATION OF EXECUTION OF SENTENCE
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 Article 21-2 (Requests for Probation Orders)   print
(1) A public prosecutor may request a court to issue an order (hereinafter referred to as "probation order") to place any of the following persons on probation under the Act on Probation, etc. from the time the execution of his/her sentence is terminated:
1. A person who has committed a sex crime and is deemed to pose an unacceptable risk of recommitting such crime;
2. A person who has committed a crime of abducting a minor and is deemed to pose an unacceptable risk of recommitting such crime;
3. A person who has committed homicide and is deemed to pose an unacceptable risk of recommitting such crime;
4. A person who has committed robbery and is deemed to pose an unacceptable risk of recommitting such crime.
(2) When a court deems it necessary to sentence a person to a probation order rather than an attachment order with respect to a case for which an attachment order is requested, it may require the relevant public prosecutor to request a probation order.
[This Article Newly Inserted by Act No. 11558, Dec. 18, 2012]
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 Article 21-3 (Judgment on Probation Orders)   print
Where the crime committed by a person falling under any subparagraph of Article 21-2 (1) is eligible for imprisonment or higher punishment and a court deems that a request for probation order is well-grounded, it shall sentence the person to a probation order with a given period from at least two years up to five years.
[This Article Newly Inserted by Act No. 11558, Dec. 18, 2012]
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 Article 21-4 (Matters to be Observed)   print
Where a court sentences a person to a probation order pursuant to Article 21-3, it may impose at least one of the matters to be observed under the subparagraphs of Article 9-2 (1): Provided, That a period for which the matter provided for in Article 9-2 (1) 4 shall be observed shall be set within 300 hours.
[This Article Newly Inserted by Act No. 11558, Dec. 18, 2012]
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 Article 21-5 (Execution of Probation Orders)   print
A probation order shall be executed from the date the execution of a sentence on a specific crime case is terminated or exempted, or a person serving a sentence for a specific crime is released on parole, or the execution of medical treatment and custody is terminated or provisionally terminated: Provided, That where the execution of a sentence or medical treatment and custody continues due to another crime case other than the specific crime case that has caused a probation order, the probation order shall be executed from the date the execution of a sentence on another crime case, other than the specific crime case that has caused the probation order, is terminated or exempted, or a person serving a sentence for another crime is released on parole, or the execution of medical treatment and custody is terminated or provisionally terminated.
[This Article Newly Inserted by Act No. 11558, Dec. 18, 2012]
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 Article 21-6 (Duty of Persons on Probation)   print
(1) A person on probation shall appear at a probation office having jurisdiction over his/her residence within ten days from the date the execution of a sentence on the specific crime case is terminated or exempted or he/she is released on parole, and file a written report with the probation office.
(2) When a person on probation moves his/her residence, makes a domestic trip for at least seven days or departs from the Republic of Korea, he/she shall obtain permission therefor from a probation officer in advance.
[This Article Newly Inserted by Act No. 11558, Dec. 18, 2012]
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 Article 21-7 (Extension of Probation Period, etc.)   print
(1) When a person on probation fails to comply with any matters to be observed under Article 21 (4) or Article 32 of the Act on Probation, etc. or fails to fulfill his/her duty under Article 21-6 without justifiable grounds, a court may, at the request of a public prosecutor following an application made by the director of a probation office, determine to:
1. Extend the probation and attachment period within one year;
2. Add or revise the matters to be observed under Article 21-4.
(2) Dispositions referred to in the subparagraphs of paragraph (1) may be taken concurrently.
(3) If a court deems that probable cause exists in the event of changes of circumstances, other than those provided for in paragraph (1), it may determine to add, revise or delete any matter to be observed under 21-4 at the request of a public prosecutor following an application made by the director of a probation office.
[This Article Newly Inserted by Act No. 11558, Dec. 18, 2012]
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 Article 21-8 (Provisions to be Applied Mutatis Mutandis)   print
Article 5 (5) and (7), Articles 6 through 8, Article 9 (2) through (9), Articles 9-2, 10 through 12, Article 13 (3) through (6), Articles 15 and 17 through 21 shall apply mutatis mutandis to persons on probation, and "attachment order" shall be construed as "probation order", "attachment period" as "probation order", "person for whom the attachment order is requested" as "person for whom the probation order is requested", "person wearing an electronic device" as "person on probation", and "attachment of an electronic device" as "probation", respectively.
[This Article Newly Inserted by Act No. 11558, Dec. 18, 2012]
CHAPTER III PAROLE, PROVISIONAL TERMINATION OF EXECUTION, ETC. AND ATTACHMENT OF ELECTRONIC DEVICES
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 Article 22 (Parole and Attachment of Electronic Devices)   print
(1) A specific criminal offender who is not subject to any attachment order under Article 9 and who is placed on probation after being released on parole during the execution of the punishment shall wear an electronic device during the period of such parole to ensure compliance with the matters to be observed: Provided, That this shall not apply where the Review Committee has determined that it is not necessary to attach an electronic device to such offender. <Amended by Act No. 9654, May 8, 2009; Act No. 11558, Dec. 18, 2012>
(2) The Review Committee shall promptly notify the director of the probation office having jurisdiction over the residence of a person made to wear an electronic device pursuant to paragraph (1), of matters necessary for attaching an electronic device to him/her, including the identity of the person released on parole.
(3) The director of a correctional institution, etc. shall notify the fact of parole to the director of the probation office having jurisdiction over the residence of the person to be released on parole, by no later than five days before such parole.
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 Article 23 (Provisional Termination of Execution, etc. and Attachment of Electronic Devices)   print
(1) The Medical Treatment and Custody Deliberation Committee referred to in Article 37 of the Medical Treatment and Custody Act (hereinafter referred to as "Medical Treatment and Custody Deliberation Committee") may order a person subject to medical treatment and custody, who is not subject to an attachment order referred to in Article 9 in spite of the commission of a specific crime and who is placed under the provisional termination of execution or the entrustment for treatment during the execution of the medical treatment and custody or a person subject to protection and custody who is placed under the provisional release from prison during the execution of the protection and custody (hereinafter referred to as "person placed under the provisional termination of execution, etc.") to wear an electronic device for a fixed period not exceeding the term of probation so as to ensure the implementation of the matters to be observed under the Social Protection Act (referring to the Act enforced before its repeal by Act No. 7656). <Amended by Act No. 9112, Jun. 13, 2008; Act No. 9654, May 8, 2009; Act No. 10257, Apr. 15, 2010>
(2) The Medical Treatment and Custody Deliberation Committee shall, upon rendering the decision to attach an electronic device under paragraph (1), notify it to the director of the probation office having jurisdiction over the residence of the person subject to such decision.
(3) The director of a medical treatment and custody facility, the director of a protection and custody facility or the warden of a prison shall notify the provisional termination of execution of medical treatment and custody, the entrustment for treatment or the provisional release from prison to the director of the probation office having jurisdiction over the residence of the person placed under the provisional termination of execution, etc., not later than five days before such provisional termination, entrustment or provisional release from prison. <Amended by Act No. 10257, Apr. 15, 2010>
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 Article 24 (Attachment of Electronic Devices)   print
(1) The attachment of an electronic device shall be executed by a probation officer.
(2) An electronic device shall be attached immediately prior to being released on the date falling under any of the following subparagraphs: <Amended by Act No. 10257, Apr. 15, 2010>
1. The date of parole;
2. The date of the provisional termination of execution, of the entrustment for treatment or of the provisional release from prison: Provided, That with respect to a person subject to the provisional termination of execution upon whom a medical treatment and custody and a punishment are concurrently imposed, the electronic device shall be attached on the date when the execution of the punishment is terminated or exempted if he/she has yet to serve the sentence.
(3) If a person is detained upon a warrant of detention for a violation of the matters to be observed while on probation during the execution of attachment of an electronic device, the execution of attachment shall be suspended. In such cases, the remaining period shall be executed beginning on the date when the Review Committee rejects an application for the revocation of parole filed by the director of the probation office concerned or when the Minister of Justice disapproves an application for permission filed by the Review Committee.
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 Article 25 (Completion of Execution of Attachment)   print
The execution of the attachment of an electronic device pursuant to Articles 22 and 23 shall be completed in any of the following cases: <Amended by Act No. 10257, Apr. 15, 2010>
1. When the period of parole expires or the parole ceases to have effect or is revoked;
2. When the period for which a person placed under the provisional termination of execution, etc. is to wear an electronic device elapses or the probation ceases;
3. When a criminal sentence ceases to have effect due to a pardon and remission;
4. Deleted. <by Act No. 10257, Apr. 10, 2010>
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 Article 26 (Utilization of Data Received)   print
Probation officers may utilize data received for the purposes of providing guidance, supervision and support for those placed on probation pursuant to the Act on Probation, etc., including ascertaining whether or not to implement the matters to be observed.
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 Article 27 (Application Mutatis Mutandis)   print
With respect to the attachment of electronic devices under this Chapter, Articles 13 (2), (4) 1, (5) 1, (6), 14 and 15 through 19 shall apply mutatis mutandis. <Amended by Act No. 10257, Apr. 15, 2010>
CHAPTER IV SUSPENSION OF EXECUTION OF SENTENCES AND ATTACHMENT ORDERS
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 Article 28 (Suspension of Execution of Sentence and Attachment Orders)   print
(1) In imposing a probation order against a person who has committed a specific crime, on condition of the suspension of execution of a sentence, the court may order him/her to wear an electronic device for a fixed period not exceeding the term of probation so as to ensure the implementation of the matters to be observed. <Amended by Act No. 9654, May 8, 2009>
(2) The court may take necessary measures to prevent a person subject to an attachment order from recommitting a crime, including medical treatment at a nearby medical institution, counseling treatment at a designated counselling center, etc., during the period of implementation of the attachment order pursuant to paragraph (1).
(3) The court may, where deemed necessary to issue an order to attach an electronic device under paragraph (1), request the director of the probation office having jurisdiction over the residence of the accused or the location of the court to investigate necessary matters regarding the accused, including the motives for the crime, relationship to the victim, the mental state, and the risk of recidivism.
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 Article 29 (Execution of Attachment Orders)   print
(1) Any attachment order shall be executed from the time when a court judgment to order the attachment of an electronic device becomes final and conclusive.
(2) If a person is detained upon a warrant of detention during the execution of an attachment order for a violation of the matters to be observed while on probation, the execution of the attachment order shall be suspended. In such cases, the remaining period shall be executed beginning on the date when the public prosecutor rejects an application for the revocation of the suspension of execution of sentence filed by the director of the relevant probation office or when the court rejects an application for the revocation of the suspension of execution of sentence filed by the public prosecutor.
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 Article 30 (Completion of Execution of Attachment Orders)   print
The execution of an attachment order under Article 28 shall be completed in any of the following cases:
1. When the implementation period of the attachment order expires;
2. When the suspension of execution of sentence ceases to have effect or is revoked;
3. When a criminal sentence, the execution of which is suspended, ceases to have effect due to remission;
4. Deleted. <by Act No. 10257, Apr. 10, 2010>
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 Article 31 (Application Mutatis Mutandis)   print
With respect to attachment orders under this Chapter, Articles 6, 9 (5) through (7), 10 (1), 12, 13 (2), (4) 1, (5) 1 and (6), 14, 15 (1), 16 through 19, and 26 shall apply mutatis mutandis. <Amended by Act No. 10257, Apr. 15, 2010>
CHAPTER V SUPPLEMENTARY PROVISIONS
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 Article 32 (Calculation of Period of Attachment of Electronic Devices)   print
(1) The period of attachment of an electronic device shall be reckoned from the date of execution thereof, but the first day shall be counted as a full day without consideration of the number of hours involved.
(2) The period for which a person subject to the attachment of an electronic device has impeded the use of the electronic device so as to damage or detach it from his/her body shall not be included in the period of attachment of the electronic device: Provided, That the period for which a person placed on probation is to wear an electronic device shall not exceed the term of such probation.
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 Article 32-2 (Designation of Probation Officers to Take Full Charge of Execution of Attachment Orders, etc.)   print
The head of a probation office shall designate a probation officer to take full charge of the following matters from among the probation officers belonging thereto: <Amended by Act No. 11558, Dec. 18, 2012>
1. Investigating suspects, which is necessary for making requests for attachment orders and probation orders;
2. Executing attachment orders and probation orders;
3. Taking measures necessary to prevent recidivism of persons wearing an electronic device and persons on probation and to facilitate their rehabilitation;
4. Providing guidance, supervision and support of persons wearing an electronic device and persons on probation, such as verifying the implementation of the matters to be observed under the Act on Probation, etc.
[This Article Newly Inserted by Act No. 10257, Apr. 15, 2010]
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 Article 33 (Legal Fiction as Provisional Cancellation of Attachment of Electronic Devices)   print
The provisional cancellation of a period of probation shall be deemed the provisional cancellation of the attachment of an electronic device.
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 Article 34 (Special Rules for Persons Subject to Military Law)   print
In the application of this Act, with respect to any person falling under any subparagraph of Article 2 (1) of the Military Court Act, the duties under this Act shall be performed by a military court for a court, by a military prosecutor for a public prosecutor, by a military judicial police officer for a judicial police officer, and by the director of a military correctional institution for the director of a correctional institution, respectively.
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 Article 35 (Application Mutatis Mutandis of other Acts)   print
Except as otherwise provided for in this Act, the provisions of the Criminal Procedure Act and the Act on Probation, etc. shall apply mutatis mutandis in the application of this Act to the extent that is not contrary to the nature thereof.
CHAPTER VI PENAL PROVISIONS
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 Article 36 (Penal Provisions)   print
(1) If any person engaged in the duty of attaching electronic devices detaches an electronic device from the body of a person subject to the attachment thereof or damages such electronic device without any justifiable ground, he/she shall be punishable by imprisonment for a limited term of not less than one year.
(2) If any person engaged in the duty of attaching electronic devices commits a crime under paragraph (1) in the receipt, solicitation or promise of any money or thing of value, he/she shall be punishable by imprisonment for a limited term of not less than two years.
(3) If any person engaged in the management of data received violates Article 16 (2), he/she shall be punishable by imprisonment for a limited term of not less than one year.
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 Article 37 (Penal Provisions)   print
(1) Any person who files a false report with a public office or public official, or commits the crime provided for in Article 152 (1) of the Criminal Act, with intent to cause any third person to be subject to an attachment order or probation order, shall be punished by imprisonment for not more than ten years. <Amended by Act No. 11558, Dec. 18, 2012>
(2) Any person who commits a crime provided for in Article 154, 233 or 234 (limited to the issuance of a false medical certificate) of the Criminal Act with intent to do harm to a person for whom the attachment order is requested or person for whom a probation order is requested, with respect to the case in which a request for an attachment order or probation order is made under Chapter II, shall be punished by imprisonment with or without prison labor for not more than ten years. In such cases, the suspension of qualification may be concurrently imposed for up to ten years. <Amended by Act No. 11558, Dec. 18, 2012>
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 Article 38 (Penal Provisions)   print
If any person subject to the attachment of an electronic device damages or detaches the electronic device from his/her body at his/her discretion, disrupts that device, alters the data received, or otherwise impedes the use thereof during the period for which the electronic device is attached, in violation of Article 14 (including cases where it applies mutatis mutandis pursuant to Articles 27 and 31), he/she shall be punishable by imprisonment for not more than seven years or by a fine not exceeding 20 million won.
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 Article 39 (Penal Provisions)   print
(1) If any person wearing an electronic device or person on probation fails to comply with any matter to be observed under Article 9-2 (1) 3 or 4 without just grounds, he/she shall be punished by imprisonment for not more than three years or by a fine not exceeding ten million won. <Amended by Act No. 11558, Dec. 18, 2012>
(2) Where any person wearing an electronic device or person on probation fails to comply with again any matter to be observed under Article 32 (2) or (3) of the Act on Probation, etc. without justifiable grounds after receipt of a warning issued under Article 38 of the same Act for his/her failure to comply with any matter to be observed under Article 32 (2) or (3) of the same Act without justifiable grounds, he/she shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won. <Newly Inserted by Act No. 11558, Dec. 18, 2012>
(3) If any person wearing an electronic device or person on probation fails to comply with any matter to be observed under Article 9-2 (1) 1, 2, 2-2, or 5 without justifiable grounds, he/she shall be punished by a fine not exceeding ten million won. <Amended by Act No. 10257, Apr. 15, 2010; Act No. 11558, Dec. 18, 2012>
[This Article Newly Inserted by Act No. 9112, Jun. 13, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2008.
Article 2 (Transitional Measures concerning Request for Attachment Orders)
(1) A request for an attachment order under Article 5 (1) shall also apply with respect to any sex crime that is committed before this Act enters into force.
(2) Any person who is sentenced to imprisonment for a sex crime which is committed before this Act enters into force shall be deemed to be sentenced to imprisonment under Article 5 (1) 1.
(3) Any person who is found to have a tendency to commit sex crimes due to the repetition of such crimes before this Act enters into force shall be deemed to have the habit under Article 5 (1) 3.
Article 3 (Transitional Measures concerning Attachment of Electronic Devices at Time of Parole or Provisional Termination of Execution)
The attachment of an electronic device under Articles 22 and 23 shall also apply to any person serving a sentence or placed under medical treatment and custody for the commission of a sex crime as at the time this Act enters into force.
Article 4 (Transitional Measures concerning Orders to Attach Electronic Devices at Time of Suspending Execution of Sentence)
The provisions of Article 28 shall also apply to any person who is on trial for the commission of a sex crime as at the time this Act enters into force.
ADDENDA<Act No. 8634, Aug. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 9112, Jun. 13, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2008.
Article 2 (Transitional Measures concerning Request for Attachment Orders, etc. after Rendition of Judgment of First Instance and Special Cases for Application)
(1) When a person who had been rendered of judgment for first instance prior to September 1, 2009, for the commission of sex crimes and whose period of imprisonment or of a heavier punishment, of medical treatment and custody, or of protection and custody (hereinafter referred to as "imprisonment, etc.") remains six months or more from the termination of such execution (hereinafter referred to as "person of scheduled release"), or whose imprisonment, etc. remains less than six months (hereinafter referred to as "person of imminent release"), or whose completion, provisional completion, provisional release from prison or exemption of execution of imprisonment, etc. has not lapsed three years (hereinafter referred to as "released person") as at the time this Act (referring to the Act No. 10257; Act on the Amendment of the Act on the Electronic Monitoring, etc. of the Specific Criminal Offenders) enters into force falls under any of the subparagraphs of Article 5 (1) of the previous Act (referring to the Act No. 9112; Act on the Amendment of the Act on the Electronic Monitoring, etc. of the Specific Criminal Offenders) and is deemed to pose a particularly high risk of repeating sex crimes, a public prosecutor may request attachment order to the court which rendered the judgment for the first instance or the district court (including branch courts; hereinafter the same shall apply) which has jurisdiction over the area where the person of scheduled release, the person of imminent release, or the released person is or the area of his/her last residence, notwithstanding the provisions of the Articles 5 (2), 7, and 9 (3) of the previous Act.
(2) The procedure for an attachment order in respect to a person of scheduled release under paragraph (1) shall be as follows:
1. The warden of a prison and of a detention house, and the head of a medical treatment and custody facility and of a protection and custody facility (hereinafter referred to as "accommodation facility") shall notify necessary matters, including the personal information and results of correction of a person of scheduled release, to a public prosecutor of a district public prosecutor's office and the director of a protection and custody facility which have jurisdiction over the place of the accommodation facility six months before the termination of the execution of imprisonment, etc of the said person of scheduled release;
2. A public prosecutor may request the director of the relevant protection and custody facility which has jurisdiction over the residence of the person of scheduled release or over the location of the said public prosecutor's office to which the public prosecutor belongs;
3. The director of the relevant protection and custody facility shall submit the investigation report referred to in Article 6 (3) at least four months before the termination of the execution of the imprisonment, etc. of the concerned person of scheduled release;
4. A public prosecutor shall request for an attachment order, with respect to a person who meets the requirements for a request for an attachment order among persons of scheduled release, to the relevant court three months before the termination of the execution of the imprisonment, etc.;
5. When the court concerned deems the request for an attachment order well-grounded, it shall issue such attachment order in the form of a decision one month before the termination of the execution of the imprisonment, etc.;
6. An appeal to the decision under subparagraph 5 shall have no effect to suspend the execution of the attachment order.
(3) The procedure for an attachment order in respect to a person of imminent release and to a released person shall be in accordance with the following:
1. The head of an accommodation facility shall notify necessary matters, including the personal information and results of correction of a person of imminent release or a released person, to a public prosecutor of a district public prosecutor's office and the director of a protection and custody facility which have jurisdiction over the place of the accommodation facility concerned within one month from the date of the enforcement of this Act;
2. A public prosecutor may request the director of the relevant probation office which has jurisdiction over the domicile of the person of imminent release or of the released person, or over the location of the public prosecutor's office to which the said public prosecutor belongs;
3. The director of the relevant probation office shall submit an investment report on the imminent release or the released person referred to in Article 6 (3) within two months from the date of receipt of the request for such report;
4. A public prosecutor shall request an attachment order, with respect to a person who meets the requirements for a request for an attachment order among persons of imminent release or released persons, to the relevant court within one year from the date of the enforcement of this Act: Provided, That where a person of imminent release or a released person has escaped, the period in which such request shall be filed shall be three years;
5. A public prosecutor or the head of a probation office may, whenever necessary for the investigation under subparagraph 2 or the request under subparagraph 4, demand a released person to appear to hear his/her statements;
6. Where a released person fails to comply with the request for appearance under subparagraph 5 or is likely to not comply such request without a justifiable ground, a public prosecutor may detain the released person according to the warrant issued by a judge of the competent district court, and the director of a probation office may request a public prosecutor of the competent district prosecutor's office to issue a warrant for detainment to a judge of the competent district court, and may detain the released person according to such warrant;
7. When a public prosecutor or the head of a probation detains a released person in accordance with subparagraph 6, he/she shall conclude the investigation within 48 hours from the time of such detainment, and upon the conclusion of such investigation, shall immediately release the said released person from custody;
8. When the competent court deems that the request for an attachment order under subparagraph 4 is well-grounded, it shall issue such attachment order in the form of a decision within two months from the date of the request for such attachment order;
9. The head of a probation office may have a released person to appear for the execution of the decision referred to in subparagraph 8;
10. Where a released person fails to comply with the order to appear under subparagraph 9, the director of a probation office may ask and be issued of a warrant of execution by the competent public prosecutor, and detain the released person according to the aforementioned warrant;
11. An appeal to the decision under subparagraph 8 shall have no effect to suspend the execution of the attachment order.
(4) The prescription for the attachment orders under paragraphs (2) and (3) shall be five years from the date of the decision of the attachment order, and its execution shall be remitted upon the lapse of the prescription: Provided, That a prescription is suspended when a person of scheduled release, a person of imminent release, or a released person is arrested.
ADDENDA<Act No. 9654, May 8, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Request for Attachment Orders)
(1) A request for an attachment order under the amended provisions of Article 5 (2) shall also apply with respect to the abduction of minors which is committed before this Act enters into force.
(2) Any person sentenced to imprisonment for the abduction of a minor which is committed before this Act enters into force shall be deemed sentenced to imprisonment under the amended provisions of Article 5 (2).
Article 3 (Transitional Measures concerning Attachment of Electronic Devices at Time of Parole or Provisional Termination of Execution)
The attachment of an electronic device under the amended provisions of Articles 22 and 23 shall also apply to any person serving a sentence or placed under medical treatment and custody for the commission of a specific crime as at the time this Act enters into force.
Article 4 (Transitional Measures concerning Order to Attach Electronic Devices at Time of Suspending Execution of Sentence)
The amended provisions of Article 28 shall also apply to any person who is on trial for the commission of a specific crime as at the time this Act enters into force.
ADDENDA<Act No. 9765, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2010. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 10257, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of subparagraph 2 (a) of Article 2, Article 5 (4), Article 9 (1) and (2), and Article 23 (1) and (2) shall enter into force on the date of its promulgation.
Articles 2 (Applicability to and Transitional Measures Concerning Request for Attachment Orders)
(1) A request for an attachment order under the amended provisions of Article 5 shall also apply to the sex crimes committed before this Act enters into force: Provided, That the foregoing shall not apply to sex crimes subject to a request for an attachment order under the amended provisions of Article 2 of the Addenda of the Act on the Amendment of the Act on the Electronic Monitoring, etc. of the Specific Criminal Offenders (Act No. 9112).
(2) Any person who was sentenced to imprisonment or heavier punishment for committing the abduction of a minor before this Act enters into force shall be deemed sentenced to imprisonment or heavier punishment under the amended provisions of Article 5 (2).
(3) A request for an attachment order under the amended provisions of Article 5 (3) shall also apply to any crime of homicide committed before this Act enters into force.
(4) Any person who was sentenced to imprisonment or heavier punishment for committing homicide before this Act enters into force shall be deemed sentenced to imprisonment or heavier punishment under the amended provisions of Article 5 (3).
Article 3 (Applicability to Period of Attachment)
The amended provisions of Article 9 (1) shall apply mutatis mutandis to any special crimes committed before this Act enters into force: Provided, That the foregoing shall not apply to sex crimes subject to a request for an attachment under the amended provisions of Article 2 of the Addenda of the Act on the Amendment of the Act on the Electronic Monitoring, etc. of the Specific Criminal Offenders (Act No. 9112).
Article 4 (Applicability to Probation)
Provisions on probation under the amended provisions of Article 9 (3) shall apply to any person whose, under Article 9 (1), attachment order against him/her has been decided or whose execution of such order has already been carried out before this Act enters into force.
Articles 5 (Applicability to Duty to Report of Person Wearing Electronic Device)
(1) The duty to report under the amended provisions of Article 14 (2) shall also apply to any person whose, under Article 9 (1), attachment order against him/her has been decided or whose execution of such order has already been carried out before this Act enters into force.
(2) The duty to request permission under the amended provisions of Article 14 (3) shall also apply to any person whose attachment order against him/her has been decided or who is already wearing an electronic device before this Act enters into force.
Articles 6 (Applicability to Extension of Attachment Period, and Addition or Alteration, etc. of Matters to be Observed)
(1) The extension of period of attachment, or any addition or deletion matters to be observed under the amended provisions of Article 14-2 (1) shall also apply to any person whose, under Article 9 (1), attachment order against him/her has been decided or whose execution of such order has already been carried out before this Act enters into force.
(2) The addition, alteration or elimination of matters to be observed under the amended provisions of Article 14-2 (2) shall also apply to any person whose, under Article 9 (1), attachment order against him/her has been decided or whose execution of such order has already been carried out before this Act enters into force.
Article 7 (Applicability to Attachment of Electronic Device During the Time of Release on Parole, Provisional Release from Prison, and Provisional Termination of Execution)
The attachment of an electronic device under the amended provisions of Articles 22 and 23 shall also apply to any person whose sentence has been executed, or who is under protection and custody or under medical treatment and custody as at the time this Act enters into force.
Article 8 (Applicability to Attachment of Electronic Device when Pronouncing Suspension of Execution of Punishment)
Article 28 shall also apply to any person who is on trial as at the time this Act enters into force for the commission of a crime of homicide.
ADDENDA<Act No. 11556, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA<Act No. 11558, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 16 (4), (5) and (7), 16-2, 21-2 through 21-8, 32-2, 37 and 39 shall enter into force six months after the date of their promulgation, and the amended provisions of subparagraph 3-3 of Article 2 and Article 5 (4) through (7) shall enter into force one year and six months after the date of their promulgation.
Article 2 (Applicability to and Transitional Measures concerning Requests for Attachment Orders)
(1) A request for an attachment order for a sex crime made under the amended provisions of Article 5 (1) shall also apply to a person who has committed a crime under Article 305-2, 340 (3) (limited to a crime of raping a woman), or 342 (limited to a crime of raping a woman under Articles 339 and 340 (3)) of the Criminal Act before this Act enters into force.
(2) A request for an attachment order made under the amended provisions of Article 5 (1) 4 and 5 shall also apply to a sex crime committed before this Act enters into force.
(3) A request for an attachment order for a crime of homicide under Article 5 (3) shall also apply to a person who has committed a crime under Article 88, 89 (limited to an attempt of the crime provided for in Article 88), the proviso to Article 324-4, 324-5 (limited to an attempt of the crime provided for in the proviso to Article 324-4), the proviso to Article 338, 340 (3) (limited to a crime of killing a person) or 342 (limited to an attempt to kill a person under the proviso to Article 338 and 340 (3)) of the Criminal Act before this Act enters into force.
(4) A request for an attachment order made under the amended provisions of Article 5 (4) shall also apply to robbery committed before this Act enters into force.
(5) A person sentenced to imprisonment for committing robbery before the amended provisions of Article 5 (4) 1 enters into force shall be deemed sentenced to imprisonment under such amended provision.
(6) A person deemed to have a tendency to repeat robbery due to robbery committed before the amended provisions of Article 5 (4) 3 enters into force shall be deemed to have a tendency to repeat robbery under such amended provisions.
Article 3 (Applicability to Execution of Attachment Orders)
The amended provisions of Article 13 (1) shall also apply to a person against whom an attachment order has been determined as at the time this Act enters into force: Provided, That this shall not apply where the execution of a sentence on a specific crime case has been terminated or exempted, or a person serving a sentence has been released on parole, or the execution of medical treatment and custody has been terminated or provisionally terminated as at the time this Act enters into force.
Article 4 (Applicability to Inspection of or Inquiries about Data Received)
The amended provisions of Article 16 (4) and (5) shall also apply to a person under the execution of an attachment order as at the time the amended provisions enter into force.
Article 5 (Applicability to Provision of Personal Information on Persons Wearing Electronic Device, etc.)
The amended provisions of Article 16-2 shall also apply to a person under the execution of an attachment order as at the time the amended provisions enter into force.
Article 6 (Applicability to Requests for Probation Orders after Termination of Execution of Sentence)
A request for a probation order made under the amended provisions of Article 21-2 shall also apply to a specific crime committed before such amended provisions enter into force.
Article 7 (Applicability to Attachment of Electronic Devices at Time of Parole, Provisional Release or Provisional Termination)
(1) The amended provisions of Article 22 shall also apply to a person serving a sentence for having committed a specific crime as at the time this Act enters into force.
(2) The attachment of an electronic device under Article 22 and Article 23 shall also apply to a person serving a sentence, under protective custody or medical treatment and custody for having committed a specific crime as at the time this Act enters into force.
Article 8 (Applicability to Orders to Attach Electronic Devices at Time of Sentencing Suspension of Execution)
Article 28 shall also apply to a person who is on trial for having committed robbery as at the time this Act enters into force.
Article 9 (Applicability to Penal Provisions Following Failure to Comply with Matters to be Observed)
The amended provision of Article 39 (2) shall apply from a person wearing an electronic device or person on probation who fails to comply with again any matter to be observed under Article 32 (2) or (3) of the Act on Probation, etc. without justifiable grounds after receipt of a warning issued under Article 38 of the same Act for his/her failure to comply with any matter to be observed under Article 32 (2) or (3) of the same Act without justifiable grounds after such amended provision enters into force.
Article 10 (Transitional Measures concerning Penal Provisions)
When penal provisions apply to any violation committed before this Act enters into force, the former provisions shall apply thereto.
Article 11 (Relationship with other Acts and Subordinate Statutes)
A citation of the former Act on the Electronic Monitoring of Specific Criminal Offenders or any provisions thereof in other Acts and subordinate statutes as at the time this Act enters into force shall be deemed a citation of this Act or any provisions of this Act in lieu of the former Act on the Electronic Monitoring of Specific Criminal Offenders or provisions thereof
if corresponding provisions exist herein.
ADDENDA<Act No. 11572, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA<Act No. 11731, Apr. 5, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.