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| Article 1 (Purpose) |
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The purpose of this Act is to provide for special exceptions to the State Public Officials Act with regard to the personnel actions, education, training, service, guarantee of status, etc. of national police officers in light of the importance of their responsibilities and duties and the special characteristics of their status and working conditions.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 1-2 (Definitions) |
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The terms used in this Act shall be defined as follows:
| 1. |
The term "personnel actions" means new employment, promotion, transfer, dispatch, leave of absence, dismissal from one's post, suspension from office, demotion, reinstatement, termination, removal, and expulsion; |
| 2. |
The term "transfer" means a personnel action of transferring a police officer to another agency or department with his/her position and qualifications remaining unchanged; |
| 3. |
The term "reinstatement" means reinstating a police officer who has been on leave of absence or under dismissal from his/her post or suspension from office (including suspension from office due to demotion) to his/her previous position. |
[This Article Newly Inserted by Act No. 10145, Mar. 22, 2010]
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| Article 2 (Classification of Ranks) |
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The ranks of national police officers (hereinafter referred to as "police officers") shall be classified as follows:
Commissioner General;
Chief Superintendent General;
Senior Superintendent General;
Superintendent General;
Senior Superintendent;
Superintendent;
Senior Inspector;
Inspector;
Assistant Inspector;
Senior Patrol Officer;
Patrol Officer.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 3 (Classification of Police Branches) |
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| (1) |
Police officers may be classified into different police branches according to the types of their duties. |
| (2) |
Necessary matters concerning the classification of police branches shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 4 (Establishment of Personnel Management Committee of Police Officers) |
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| (1) |
There is hereby established a personnel management committee of police officers (hereinafter referred to as "personnel committee") within the National Policy Agency and the Korea Coast Guard to advise the Commissioner General of the National Policy Agency or the Korea Coast Guard on important matters regarding personnel management of police officers. |
| (2) |
Necessary matters concerning the organization and operation of the personnel committees shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 5 (Functions of Personnel Committee) |
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The personnel committees shall deliberate on the following:
| 1. |
Polices, standards, and a master plan for the personnel administration of police officers; |
| 2. |
Matters concerning the enactment, amendment, and repeal of Acts and subordinate statutes regarding the personnel management of police officers; |
| 3. |
Other matters referred to meetings of the personnel committees by the Commissioner General of the National Police Agency or the Korea Coast Guard. |
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 6 (Persons with Authority for Personnel Actions) |
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| (1) |
Personnel actions as to Senior Superintendents and higher-ranking police officers shall be taken by the President via the Prime Minister with a recommendation of the Commissioner General of the National Police Agency or the Korea Coast Guard, and uponthe proposal of the Minister of Public Administration and Safety or the Minister of Land, Transport and Maritime Affairs: Provided, That the Commissioner General of the Korea Coast Guard shall be appointed by the President via the Prime Minister with recommendation of the Minister of Land, Transport and Maritime Affairs, while the transfer, leave of absence, dismissal from a post, demotion, suspension from office, and reinstatement of Superintendents shall be taken by the Commissioner General of the National Police Agency or the Korea Coast Guard. |
| (2) |
Personnel actions as to Superintendents and lower-ranking police officers shall be taken by the Commissioner General of the National Police Agency or the Korea Coast Guard: Provided, That personnel actions on the new appointment of, promotion to, and termination of Superintendents shall be taken by the President via the Prime Minister with recommendation of the Commissioner General of the National Police Agency or the Korea Coast Guard. |
| (3) |
The Commissioner General of the National Police Agency or the Korea Coast Guard may delegate part of his/her authority for personnel actions with respect to police officers to the head of each affiliated agency and the Commissioner of each Metropolitan/Provincial Police Agency or the head of each Regional Coast Guard Headquarters or Station, as prescribed by Presidential Decree. |
| (4) |
The Commissioner General of the National Police Agency or the Korea Coast Guard or a person who has the authority delegated for personnel actions pursuant to paragraph (3) shall prepare and preserve personnel records of police officers under his/her jurisdiction, in accordance with Ordinance of the Ministry of Public Administration and Safety or by Ordinance of the Ministry of Land, Transport and Maritime Affairs. |
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 7 (Qualification for Appointment and Grounds for Disqualification) |
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| (1) |
Police officers shall be appointed from among persons who are physically and mentally sound and of good character. |
| (2) |
None of the following persons may be qualified for appointment as a police officer: |
| 1. |
A person who does not have the nationality of the Republic of Korea; |
| 3. |
A person declared incompetent or quasi-incompetent; |
| 4. |
A person declared bankrupt and not yet reinstated; |
| 5. |
A person sentenced to suspension of qualification or any heavier punishment. |
| 6. |
A person who is under the suspension of a sentence of suspension of qualification imposed upon him/her; |
| 7. |
A person subject to a disposition of expulsion or removal as a disciplinary action. |
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 8 (New Employment) |
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| (1) |
New Superintendents and Patrol Officers shall be employed through open competitive examinations. |
| (2) |
To be employed as a new Inspector, a graduate from the Korea National Police University or a person meeting the qualification requirements prescribed by Presidential Decree who has been selected through anopen competitive examination (hereinafter referred to as "police cadet"), and he/she shall finish educational and training courses and successfully pass prescribed tests. |
| (3) |
In any of the following cases, a police officer may be newly employed through a special employment examination (hereinafter referred to as "special employment"): |
| 1. |
Where a retired police officer is re-appointed as a police officer with the rank held at the time of his/her retirement within two years from the date of retirement; |
| 2. |
Where a holder of a qualification certificate relevant to a duty to be assigned is appointed when it is inappropriate to appoint a police officer through an open competitive examination; |
| 3. |
Where a person who has work experience, research achievements, or expertise appropriate for a position to be assigned is appointed; |
| 4. |
Where a person who has passed an open competitive examination for the employment of Grade-V public officials pursuant to the State Public Officials Act or a bar examination pursuant to the Korean Bar Examination Act is appointed as a Superintendent or a lower-ranking police officer; |
| 6. |
Where a person intends to serve in a special area, such as an island and a remote area; |
| 7. |
Where a person who is fluent in a foreign language is appointed; |
| 8. |
Where an autonomous police officer of Jeju Special Self-Governing Province (hereinafter referred to as "autonomous police officer") is appointed as a police officer with an equivalent rank. |
| (4) |
In cases of special employment under paragraph (3), a multiple number of persons falling under a same ground may be employed through limited competition. |
| (5) |
Matters necessary for the education and training of police cadets pursuant to paragraph (2), the ranks of police officers who may be specially employed pursuant to paragraph (3), the classification of qualification certificates relevant to positions to be assigned, work experience or research achievements, and limitations on transfer of police officers shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 8-2 (Sanctions against Persons Engaged in Dishonest Behavior) |
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The Commissioner General of the National Police Agency or the Korea Coast Guard shall suspend or nullify the examination for an applicant who has engaged in dishonest behavior in an employment examination for police officers or an open competitive examination for police cadets, and he/she shall be suspended from taking an examination for five years from the date of disposition.
[This Article Newly Inserted by Act No. 10743, May 30, 2011]
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| Article 9 (List, etc. of Candidates for Employment) |
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| (1) |
The Commissioner General of the National Police Agency or the Korea Coast Guard (including a person who has the authority delegated for personnel actions pursuant to Article 6 (3)) shall register persons who pass a new employment examination (including graduates from the Korea National Police University and police cadets) in the list of candidates for employment in the order of merit, as prescribed by Presidential Decree. |
| (2) |
New police officers shall be employed in the order of merit on the list of candidates for employment under paragraph (1): Provided, That if candidates for employment have received education on new employment in a police educational institution, such candidates shall be employed in the order of grades for such education. |
| (3) |
The effective period of the list of candidates for employment under paragraph (1) shall be prescribed by Presidential Decree, which shall not exceed two years: Provided, That the Commissioner General of the National Police Agency or the Korea Coast Guard may extend the period by not more than one year as may be necessary. |
| (4) |
Where the Commissioner General of the National Police Agency or the Korea Coast Guard decides to extend the effective period of the list of candidates for employment, he/she shall give public notice thereof. |
| (5) |
Matters necessary for the preparation and management of the list of candidates for employment under paragraph (1) shall be prescribed by Presidential Decree. |
| (6) |
In filling vacancies for police officers, if the number of candidates registered in the list of candidates for employment or promotion is not sufficient to fill the vacancies and he/she deems it particularly necessary for personnel administration and management, a person having the authority for personnel actions may, regard the list of candidates for new employment or promotion of autonomous police officers, which has been prepared by another person having the authority for personnel actions on such autonomous police officers with regard to the ranks for which vacancies are available, as the list of candidates for employment or promotion of the agency under his/her jurisdiction and may appoint the said autonomous police officers to fill such vacancies. In such cases, the person having the authority for personnel actions shall consult with the person having the authority for personnel actions on autonomous police officers. |
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 10 (Probationary Appointment) |
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| (1) |
When a Superintendent or a lower-ranking police officer is newly employed, he/she shall be appointed for a probationary period of one year and appointed as a regular police officer on the day immediately following the end of the period. |
| (2) |
The period of leave of absence, the period of dismissal from a post, the period of suspension from office or salary reduction as a disciplinary action shall not be included in the probationary period prescribed in paragraph (1). |
| (3) |
If a police officer in the probationary period demonstrates poor performance in his/her service or ineducation and training, such police officer may be dismissed or a recommendation to dismiss the police officer may be made, notwithstanding Article 68 of the State Public Officials Act and Article 22 of this Act. |
| (4) |
Probationary appointment may be omitted in any of the following cases: |
| 1. |
Where a graduate from the Korea National Police University or a police cadet who has completed a prescribed educational course is appointed as an Inspector; |
| 2. |
Where a police officer who meets qualification requirements necessary for promotion to a higher rank, as prescribed by Presidential Decree and has successfully passed an open competitive examination appropriate for a rank to be assigned is appointed as a police officer with such rank; |
| 3. |
Where a retired police officer who has passed an employment examination for the rank held at the time of his/her retirement is re-appointed; |
| 4. |
Where an autonomous police officer is appointed as a police officer with the equivalent rank. |
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 10-2 (Personnel Exchanges between Police Officers and Autonomous Police Officers) |
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| (1) |
The Commissioner General of the National Police Agency shall endeavor to ensure close personnel exchanges between the national police and the autonomous police in order to improve police officers' capabilities and enhance coordination of affairs between the national police and the autonomous police. |
| (2) |
Where an autonomous police officer is employed as a police officer pursuant to Article 8 (3) 8, the special employment examination may be waived. |
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 11 (Promotion) |
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| (1) |
The promotion and personnel actions for a police officer from among police officers with an immediate lower rank shall be made through the evaluation of performance of service, work experience and verification of other capabilities.<Amended by Act No. 10743, May 30, 2011> |
| (2) |
A promotion to a Superintendent General or a lower rank shall be based on the results of a promotion examination: Provided, That a promotion examination may be concurrently conducted for a promotion to a Superintendent or a lower rank according to the ratio prescribed by Presidential Decree.<Amended by Act No. 10743, May 30, 2011> |
| (3) |
Deleted. <by Act No. 4798, Dec. 22, 1994> |
| (4) |
As regards Senior Superintendents and lower-ranking police officers, a list of prospective candidates for promotion shall be prepared for each rank, as prescribed by Presidential Decree. <Amended by Act No. 10743, May 30, 2011> |
| (5) |
The minimum number of years of service necessary for the promotion of police officers for each rank, limitations on promotion, and other matters necessary for promotion shall be prescribed by Presidential Decree. <Amended by Act No. 10743, May 30, 2011> |
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| Article 11-2 (Promotion for Continuous Service) |
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| (1) |
Notwithstanding Article 11 (2), the Commissioner General of the National Police Agency or the Korea Coast Guard may promote a person who has served continuously in a rank for a period specified in the following respectively to Senor Patrol Officer, Assistant Inspector, or Inspector for his/her continuous service: |
| 1. |
In cases of a promotion from a Patrol Officer to a Senior Patrol Officer for his/her continuous service: A person who has served continuously in the relevant rank for at least five years; |
| 2. |
In cases of a promotion from a Senior Patrol Officer to an Assistance Inspector for his/her continuous service: A person who has served continuously in the relevant rank for at least six years; |
| 3. |
In cases of a promotion from an Assistant Inspector to an Inspector: A person who has served continuously in the relevant rank for at least seven years and six months; |
| 4. |
In cases of a promotion from an Inspector to a Senior Inspector: A person who has served continuously in the relevant rank for at least 12 years. |
| (2) |
During the period in which a police officer who has been promoted for his/her continuous service pursuant to paragraph (1) serves, it shall be deemed that the prescribed number of officers with the same rank has been otherwise fixed and that the prescribed number of police officers for the previous rank has been reduced accordingly. |
| (3) |
Matters necessary concerning the standards and procedures of promotion for continuous service under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11030, Aug. 4, 2011]
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| Article 12 (Promotion Examination Committee) |
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| (1) |
In order to conduct promotion examinations under Article 11 (2), there is hereby established a central promotion examination committee within the National Police Agency and the Korea Coast Guard, and a general promotion examination committee within the National Police Agency, the Korea Coast Guard, each Metropolitan/Provincial Police Agency, each police institution and each regional Coast Guard Headquarters or Station prescribed by Presidential Decree. |
| (2) |
Promotion examination committees established pursuant to paragraph (1) shall select and examine candidates for promotion among persons five times the number of vacancies available for promotion in the order named in the list of prospective candidates for promotion (excluding candidates for promotion who have successfully passed the promotion examination pursuant to Article 11 (2)), which has been prepared pursuant to Article 11 (4), and shall select candidates for promotion from among them. |
| (3) |
Matters necessary for the composition, jurisdiction, and operation of the promotion examination committees shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 13 (List, etc. of Candidates for Promotion) |
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| (1) |
The Commissioner General of the National Police Agency or the Korea Coast Guard (including a person who has the authority delegated for personnel actions pursuant to Article 6 (3)) shall register persons who have passed the promotion examination under Article 11 (2) and (3) and persons selected as candidates for promotion pursuant to Article 12 (2) in the list of candidates for promotion, as prescribed by Presidential Decree. |
| (2) |
A promotion to a Superintendent General or a lower rank shall be made in the order registered in the list of candidates for promotion pursuant to paragraph (1). |
| (3) |
Article 9 shall apply mutatis mutandis to the effective period, preparation, and operation of the list of candidates for promotion. |
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 14 (Special Promotion for Persons of Distinguished Service, etc.) |
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| (1) |
Notwithstanding Article 11, a police officer who falls under any of the following subparagraphs may be specially promoted by one rank: Provided, That an Inspector or a lower-ranking police officer may be specially promoted by two ranks, if he/she is killed in action or dies in the line of duty after he/she performs a meritorious deed, setting an example for all police officers: |
| 2. |
A person killed in action or who died in the line of duty; |
| 3. |
A person who rendered distinguished services in performing his/her duties. |
| (2) |
Requirements for special promotion and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 15 (Examining Authorities, Qualification for Application, etc.) |
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| (1) |
Examinations for new employment or promotion of police officers, and examinations for selection of police cadets shall be conducted by the Commissioner General of the National Police Agency or the Korea Coast Guard: Provided, That the Commissioner General of the National Police Agency or the Korea Coast Guard may delegate part of his/her authority to the head of each affiliated agency and the Commissioner of each Metropolitan/Provincial Police Agency or the head of each Regional Coast Guard Headquarters or Station, as prescribed by Presidential Decree if deemed necessary to do so. |
| (2) |
Qualification for applying for various examinations prescribed in paragraph (1), the method of examination, and other matters necessary for he conduct of examinations shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 16 (Veterans' Benefits) |
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Police officers killed or who died in action, while on duty, while receiving education or training (including persons who died of a disease while performing their duties), police officers who were wounded (including diseases contracted while on duty) in action, while on duty, or while receiving education or training and retired, and their family members, bereaved or not, shall be given the honorable treatment or support pursuant to the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State or Act on Support for Persons Eligible for Veteran's Compensation. <Amended by Act No. 11042, Sep. 15, 2011>
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 17 (Education and Training) |
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| (1) |
The Commissioner General of the National Police Agency or the Korea Coast Guard shall comprehensively plan and coordinate education and training to ensure all police officers can have equal opportunities for education and training. |
| (2) |
The Commissioner General of the National Police Agency or the Korea Coast Guard may establish and operate educational and training institutions for the education and training of police officers. |
| (3) |
If necessary for education and training, the Commissioner General of the National Police Agency or the Korea Coast Guard may entrust police officers to domestic or foreign educational institutions so that they can receive education and training for a specified period, as prescribed by Presidential Decree. |
| (4) |
Matters necessary for the establishment and operation of educational and training institutions for police officers under paragraph (2) and the service of police officers who have received education and training pursuant to paragraph (3) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 18 (Prohibition on False Reporting, etc.) |
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| (1) |
No police officer shall file a false report or give false notice in connection with his/her duties. |
| (2) |
No police officer shall neglect or abandon his/her duties. |
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 19 (Prohibition of Abuse of Right to Command, etc.) |
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In times of war, an disturbance, or any similar emergency situation, while conducting operations, or when a crisis that could cause many casualties and damage to State Property has occurred, a person who leads and supervises police officers shall not refuse to perform his/her duty, abandon his/her duty, or allow police officers to advance, retreat from or leave the designated place of duty without a justifiable ground.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 20 (Uniforms and Carrying of Weapons) |
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| (1) |
Police officers shall wear uniforms. |
| (2) |
Police officers may carry weapons whenever necessary for performing their duties. |
| (3) |
Matters concerning uniforms for police officers shall be prescribed by Ordinance of the Ministry of Public Administration and Safety or Ordinance of the Ministry of Land, Transport and Maritime Affairs. |
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 21 (Automatic Retirement) |
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A police officer shall automatically retire when he/she falls under any subparagraph of Article 7 (2): Provided, That the foregoing shall not apply if he/she falls under subparagraph 6 of the said paragraph.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 22 (Ex Official Dismissal from Office) |
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| (1) |
A person having authority for personnel actions may dismiss a police officer, ex officio, if the police officer falls under any of the following subparagraphs: |
| 2. |
When he/she seriously lacks the ability or integrity to perform his/her duties to the degree that he/she is incompetent as a police officer and it is found that a ground prescribed by Presidential Decree is applicable to him/her; |
| 3. |
When he/she has a character flaw or moral deformity to the degree that he/she is likely to cause a danger while performing his/her duties and it is found that a ground prescribed by Presidential Decree is applicable to him/her; |
| 4. |
When he/she becomes unable to perform his/her duties any longer because his/her qualification certificate or license necessary for performing his/her duties in his/her police branch becomes void or is revoked. |
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 23 (Period of Leave of Absence, etc. for Missing Police Officers) |
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| (2) |
Where a person is under a leave of absence pursuant to paragraph (1), the vacancy may be filled with another person, and it shall be deemed consistent with the prescribed number of personnel of the same rank as that of the person on leave of absence. |
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 24 (Retirement Age) |
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| (1) |
The retirement age of police officers shall be as follows: |
| 1. |
Retirement by age: 60 years of age |
| 2. |
Retirement by years in rank: |
Senior Superintendent General: 4 years;
Superintendent General: 6 years;
Senior Superintendent: 11 years;
Superintendent: 14 years.
| (2) |
Notwithstanding paragraph (1) 2, retirement by years in rank of police officers demoted due to a disciplinary action (including demotion to Senior Inspector) shall be governed by the following subparagraphs: |
| 1. |
Retirement by years in rank a police officer is demoted to shall be retirement by years in rank applicable to the highest rank among ranks held before demotion; |
| 2. |
The number of years of service with ranks held before and after demotion shall be added up in calculating retirement by years in rank. |
| (3) |
Retirement by years in rank pursuant to paragraph (1) 2 may be extended by up to three years for designated police officers, as prescribed by Presidential Decree, among police officers who serve in specific divisions, such as investigation, intelligence, foreign affairs, and national security, with the rank of Senior Superintendent or Superintendent, as prescribed by Presidential Decree. |
| (4) |
The Commissioner General of the National Police Agency or the Korea Coast Guard may extend retirement by years in rank under paragraph (1) 2 by up to two years in times of war, disturbance, or any other similar emergency situation. In such cases, the extension of retirement by years in rank for Superintendent Generals and higher-ranking police officers shall be subject to approval of the President via the Minister of Public Administration and Safety or the Minister of Land, Transport and Maritime Affairs and the Prime Minister, while the extension of retirement by years in rank for Senior Superintendents and Superintendents shall be subject to approval of the President via the Prime Minister. |
| (5) |
Where the month in which a police officer's age reaches the retirement age is between January and June, he/she shall automatically retire on June 30, and on December 31, where the month in which his/her age reaches the retirement age is between July and December. |
| (6) |
In calculating retirement by years in rank under paragraph (1) 2, where a police officer has served as an autonomous police officer, the number of years of service as an autonomous police officer with the equivalent rank shall be included in his/her retirement by years in rank. |
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 25 (Ombudsman Committee) |
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| (1) |
There is hereby established an ombudsman committee within the National Police Agency, the Korea Coast Guard, each Metropolitan/Provincial Police Agency, each police institution and each Regional Coast Guard Headquarters or Station specified by Presidential Decree to provide police officers with counsel on personnel management and to examine their grievances. |
| (2) |
Petitions for review on examinations of the ombudsman committee for police officers and counseling on personnel management and the ombudsman's examination for Superintendents and higher-ranking police officers shall be examined and handled by the central ombudsman committee established pursuant to the State Public Officials Act. |
| (3) |
The organization and examination procedure of the ombudsman committee for police officers and necessary matters concerning the operation of the ombudsman committee for police officers shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 26 (Disciplinary Committee) |
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| (1) |
Resolutions on discipline of Superintendent Generals and higher-ranking police officers shall be passed by the disciplinary committee established under the jurisdiction of the Prime Minister pursuant to the State Public Officials Act. |
| (2) |
Each police institution and Regional Coast Guard Headquarters or Station prescribed by Presidential Decree shall establish a committee for discipline of police officers to pass resolutions on discipline of Senior Superintendents and lower-ranking police officers. |
| (3) |
The organization, jurisdiction, and operation of the committees for discipline of police officers, procedures for requesting resolutions on discipline, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 27 (Disciplinary Procedures) |
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The discipline of police officers shall be executed by the head of the competent agency or institution, in which the competent punishment committee is established, in accordance with the resolution of the disciplinary committee, while discipline determined by the disciplinary committee established under the jurisdiction of the Prime Minister shall be executed by the Commissioner General of the National Police Agency or the Korea Coast Guard: Provided, That expulsion, removal, demotion, or suspension from a post shall be executed by the person having authority for personnel actions for the police officer subject to such discipline, but demotion or suspension from the post of Superintendent General or a higher-ranking police officer or the expulsion or removal of a Superintendent or a higher-ranking officer shall be executed by the President via the Minister of Public Administration and Security or the Minister of Land, Transport and Maritime Affairs, and via the Prime Minister with the recommendation of the Commissioner General of the National Police Agency or the Korea Coast Guard, while the demotion or suspension from the post of Senior Superintendent or Superintendent shall be executed by the Commissioner General of the National Police Agency or the Korea Coast Guard.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 28 (Defendants in Administrative Litigation) |
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The Commissioner General of the National Police Agency or the Korea Coast Guard shall be designated as the defendant in an administrative lawsuit filed challenging a disciplinary action, leave of absence, termination, or any other unfavorable disposition made against one's will: Provided, That if the authority for personnel actions has been delegated pursuant to Article 6 (3), the person to whom the authority has been delegated shall be designated as the defendant.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 29 (Remuneration, etc. for Police Cadets) |
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Remuneration and other actual expenses shall be paid and reimbursed to police cadets enrolled in educational courses, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 30 (Relationship with the State Public Officials Act) |
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| (2) |
The State Public Officials Act shall be construed in accordance with the following subparagraphs when the said Act is applied to police officers: |
[This Article Wholly Amended by Act No. 10743, May 30, 2011]
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| Article 31 (Penal Provisions) |
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[This Article Wholly Amended by Act No. 10743, May 30, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1983.
Article 2 (Transitional Measure concerning Persons under Punishment or Dismissal from Post)
An existing disciplinary disposition or dismissal from a post taken against a police officer shall remain effective pursuant to former provisions if the police officer is under discipline or dismissal from a post at the time this Act enters into force.
Article 3 (Transitional Measure concerning Police Officers under Conditional Appointment)
Police officers under conditional appointment pursuant to former provisions at the time this Act enters into force shall be deemed to have been appointed for a probationary period pursuant to Article 10: Provided, That such probationary period shall be the same as the period of conditional appointment under the former provisions.
Article 4 (Transitional Measure concerning Uniforms)
As to uniforms of police officers, the former provisions shall remain effective until Ordinance of the Ministry of Interior thereon is enacted and enters into force.
Article 5 (Transitional Measure concerning Retirement by Years in Rank)
A person whose retirement by years in rank under Article 24 (1) 2 has already lapsed before this Act enters into force shall be automatically retired on June 30, 1983, while a person whose retirement by years in rank shall lapse between January and June 1983 shall be automatically retired on December 31, 1983.
Article 6 (Relationship with the Criminal Procedure Act)
For purposes of Article 196 of the Criminal Procedure Act, Superintendents shall be regarded as senior judicial police officers under the said Article of the same Act and Senior Patrol Officer as judicial police officers under the said Article of the same Act, while the said Article of the same Act shall not be applicable to Superintendent Generals who are in service at the National Police Agency or the Korea Coast Guard.
ADDENDA<Act No. 3799, Dec. 28, 1985>
This Act shall enter into force on the date of its promulgation: Provided, That provisions applicable to the mandatory retirement age of Senior Inspectors and Inspectors under Article 24 (1) 1 shall enter into force on January 1, 1987.
| (2) |
(Applicability to Persons with Extended Retirement Age) |
Article 24 (1) shall also apply to persons who have their retirement age extended pursuant to former provisions before this Act enters into force or paragraph (3) of the Addenda to this Act.
| (3) |
(Transitional Measure concerning Extension of Retirement Age of Senior Inspectors and Inspectors) |
Notwithstanding the amended provisions of Article 24 (2), the mandatory retirement age of Senior Inspectors and Inspectors may be extended until December 31, 1986 pursuant to the former provisions.
ADDENDA<Act No. 4369, May 31, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force 60 days after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 4406, Nov. 30, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Extension of Mandatory Retirement Age)
| (1) |
Notwithstanding the amended provisions of Article 24 (2), the mandatory retirement age of a Senior Inspector or an Inspector who is in service at the time when this Act enters into force may be extended by not more than one year from the originally prescribed retirement date, if he/she is prescribed to retire in 1991, or by not more than two years from the originally prescribed retirement date, if he/she is prescribed to retire in 1992. |
| (2) |
Notwithstanding the amended provisions of Article 24 (1) 1, an Assistant Inspector or a lower-ranking police officer who is in service at the time when this Act enters into force shall be deemed to have attained the mandatory retirement age under the amended provisions of Article 24 (1) 1 one year later, if he/she is to attain to the age of 55 years in 1991, or two years later, if he/she is to attain to the age of 55 years in 1992. |
| (3) |
Notwithstanding the amended provisions of Article 24 (1) 1 and Article 2 (2) of the Addenda, the mandatory retirement age of an Assistant Inspector or a lower-ranking police officer whose mandatory retirement age has been already extended pursuant to the former provisions before this Act enters into force may be extended again by not more than one year from the previously extended retirement date if he/she is prescribed to retire in 1991 on the basis of the previously extended retirement date, by not more than two years if he/she is prescribed to retire in 1992 on the basis of the previously extended retirement date, or by not more than three years if he/she is prescribed to retire in 1993 or 1994 on the basis of the previously extended retirement date. |
ADDENDA<Act No. 4798, Dec. 22, 1994>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 5153, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force on the enforcement date of the Presidential Decree on the Organization of the Ministry of Maritime Affairs and Fisheries and the Korea Coast Guard under the amended provisions of Article 41 within 30 days from the promulgation date of this Act.
Articles 2 through 4 Omitted.
ADDENDA<Act No. 5291, Jan. 13, 1997>
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. 5570, Sep. 19, 1998>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 24 (1) 2 regarding retirement by years in rank shall enter into force on January 1, 1999.
Article 2 (Transitional Measures concerning Mandatory Retirement Age)
| (1) |
A police officer who is in service at the time this Act enters into force shall be automatically retired on December 31, 1998, if his/her retirement date prescribed pursuant to the former provisions of Article 24 (1) 1 is December 31, 1998, on December 31, 1998, if his/her retirement date prescribed pursuant to the former provisions of Article 24 (1) 1 is June 30, 1999, or on March 31, 1999, if his/her retirement date prescribed pursuant to the former provisions of Article 24 (1) 1 is December 31, 1999. |
| (2) |
The extended period of retirement of Senior Inspectors and lower-ranking police officers who are in service at the time this Act enters into force with their mandatory retirement age extended pursuant to the former provisions of Article 24 (2) shall end on September 30, 1998. |
Article 3 (Transitional Measures concerning Retirement by Years in Rank)
| (1) |
Notwithstanding the amended provisions of Article 24 (1) 2, a police officer who is in service in the rank of Senior Superintendent or Superintendent at the time this Act enters into force and whose retirement by years in rank is prescribed to be reached in 1999 pursuant to the former provisions of Article 24 (1) 2 shall reach his/her retirement by years in rank in 2000. |
| (2) |
Notwithstanding the amended provisions of Article 24 (1) 2, a police officer who is in service in the rank of Superintendent at the time this Act enters into force and whose retirement by years in rank is prescribed to be reached in 2000 pursuant to the former provisions of Article 24 (1) 2 shall reach his/her retirement by years in rank in 2002. |
Article 4 (Transitional Measure concerning Voluntary Early Retirement Allowance)
Notwithstanding the amended provisions of Article 24 (1) 1, the previous mandatory retirement age shall apply to the eligibility for payment of voluntary early retirement allowance and the amount of such allowance, where public officials retire earlier than the mandatory retirement age before December 31, 1999.
ADDENDA<Act No. 6436, Mar. 28, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM<Act No. 6897, May 29, 2003>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 7187, Mar. 11, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM<Act No. 7249, Dec. 23, 2004>
This Act shall enter into force on the date of its promulgation
ADDENDA<Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM<Act No. 7803, Dec. 29, 2005>
This Act shall enter into force on March 1, 2006.
ADDENDA<Act No. 7967, Jul. 19, 2006>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 8857, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Act No. Act No. 9295, Dec. 31, 2008>
This Act shall enter into force on January 1, 2009.
| (2) |
(Transitional Measure concerning Extension of Mandatory Retirement Age) |
Notwithstanding the amended provisions of Article 24 (1) 1, the mandatory retirement age of Senior Inspectors and lower-ranking police officers shall be 58 years of age from 2009 through 2010, 59 years of age from 2011 through 2012, and 59 years of age from 2013 onward.
ADDENDA<Act No. 10145, Mar. 22, 2010>
This Act shall enter into force on the date of its promulgation.
| (2) |
(Applicability to Change of Types of Punishment) |
The amended provisions of Articles 6, 24, and 27 shall apply where a cause of discipline first arises on or after the enforcement date of this Act.
ADDENDUM<Act No. 10743, May 30, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 11030, Aug. 04, 2011>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA<Act No. 11042, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2012.
Article 2 Omitted.
