Article 1(Purpose) #
(1) The purpose of this Act is to prescribe matters necessary for police officers to perform their duties (limited to police officials; hereinafter the same shall apply) in order to protect the freedom and rights of the people and the inviolable basic human rights of all individuals and to maintain public order in society. <Amended on Dec. 22, 2020>
(2) The authority of police officers under this Act shall be exercised to the minimum extent necessary for performing their duties and shall not be abused.
[This Article Wholly Amended on May 20, 2014]
Article 2(Scope of duties) #
Police officers shall perform the following duties: <Amended on Apr. 17, 2018; Dec. 22, 2020>
1. Protection of people’s lives, body, and property;
2. Prevention, suppression, and investigation of crimes;
2-2. Protection of victims of crimes;
3. Performance of guard duties, guard of important persons, and performance of counter-espionage and counter-terrorist operations;
4. Collection, preparation and distribution of information to prevent and respond to threats to public security;
5. Traffic control and traffic injury prevention;
6. International cooperation with foreign governments and international organizations;
7. Maintenance of public order and security.
[This Article Wholly Amended on May 20, 2014]
Article 3(Stop and question) #
(1) A police officer may stop any of the following persons and question him or her:
1. A person for whom any probable cause exists to suspect that he or she has committed a crime or is about to commit a crime judging from his or her dubious conduct or surrounding circumstances;
2. A person believed to be aware of a crime already committed or about to be committed.
(2) Where questioning a person falling under any of the subparagraphs of paragraph (1) at a place where a police officer stopped him or her pursuant to the same paragraph is considered to be disadvantageous to him or her or to be interfering with traffic flow, the police officer may request the person to accompany him or her to a nearby police station, patrol division, substation, or branch station (including a regional coast guard agency; hereinafter referred to as "police agency") to question him or her. In such cases, the person, who is requested to accompany the police officer, may refuse such request. <Amended on Nov. 19, 2014; Jul. 26, 2017>
(3) Where a police officer questions a person under any of the subparagraphs of paragraph (1), the police officer may check whether the person carries any dangerous weapons.
(4) Where a police officer questions a person or requests the person to accompany him or her pursuant to paragraph (1) or (2), he or she shall present the person a certificate indicating his or her identification, notify the person of the agency with which he or she is affiliated and his or her name, and explain the purposes for accompanying him or her and grounds therefor; if he or she requests the person to accompany him or her, he or she shall notify the person of the destination.
(5) Where a person accompanies a police officer pursuant to paragraph (2), the police officer shall notify the family members, relatives, etc., of the person of his or her identity, a place where the person accompanies him or her, and the purposes for accompanying him or her and grounds therefor, or provide the person with an opportunity to make immediate contact with family members, etc., and notify the person of his or her right to receive assistance from an attorney.
(6) No police officer shall be allowed to require a person who accompanies him or her under paragraph (2) to remain in a police agency for more than six hours.
(7) No person who is questioned or requested to accompany a police officer pursuant to paragraphs (1) through (3) shall have his or her body detained unless by laws governing offender procedures, and he or she shall not be compelled to answer any question against his or her will.
Article 4(Protective measures) #
(1) If a police officer finds a person (hereinafter referred to as "person in need of relief") who evidently falls under any of the following subparagraphs and for whom any probable cause exists to believe that he or she is in need of emergency relief judging from his or her dubious conduct or surrounding circumstances, the police officer may take appropriate measures, such as requesting a health care institution or public relief institution for emergency relief, or protecting him or her in a police agency:
1. A person who is likely to inflict any harm on his or her or another person's life, body, or property due to derangement or inebriation;
2. A person who attempts suicide;
3. A lost child, sick person, injured person, etc., who are deemed to have no guardian and be in need of emergency relief; provided, where he or she refuses relief, he or she shall be excluded.
(2) No health care institution or public relief institution in receipt of a request for emergency relief pursuant to paragraph (1) shall refuse the request without good cause.
(3) Where a police officer takes measures under paragraph (1), he or she may temporarily place weapons, deadly weapons, etc., carried by a person in need of relief that are deemed likely to cause any harm to others in a police agency.
(4) Where a police officer takes measures under paragraph (1), he or she shall immediately notify such fact to the family members or friends of a person in need of relief or to other persons having connections therewith; where other persons who have connections with the person are not found, the person shall be immediately transferred to an appropriate public health care institution or public relief institution.
(5) Where a police officer transfers a person in need of relief to a public health care institution or public relief institution pursuant to paragraph (4), he or she shall immediately report such fact to the chief of the police station or coast guard station with which he or she is affiliated. <Amended on Nov. 19, 2014; Jul. 26, 2017>
(6) The chief of a police station or coast guard station in receipt of a report under paragraph (5) shall, without delay, notify the fact of transferring a person in need of relief to the head of a public health care institution or public relief institution, or an administrative agency in charge of such institution, as prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017>
(7) The period for protecting a person in need of relief in a police agency pursuant to paragraph (1) shall not exceed 24 hours, and temporarily placing weapons, deadly weapons, etc., in a police agency pursuant to paragraph (3) shall not exceed 10 days.
Article 5(Prevention of occurrence of danger) #
(1) A police officer may take the following measures if natural disasters, incidents, destruction or collapse of artificial structures, traffic accidents, explosion of a dangerous object, appearance of a dangerous animal, chaotic congestion or other dangerous situation, likely to inflict harm on the life or body of people, or grave damage to property, occur: <Amended on Aug. 14, 2025>
1. Issuing necessary warning to persons who assemble at the relevant place, persons in charge of an article or interested persons;
2. Restricting the movement of, or evacuating, a person likely to suffer harm, to the extent necessary, in urgent cases;
3. Ordering a person who has caused the dangerous situation to leave the place, or prohibiting him or her from approaching the place;
4. Requiring a person at the place, a manager of articles, or other relevant persons to take measures deemed necessary to prevent harm, or directly taking such measures.
(2) Where necessary for conducting a counter-espionage operation or suppressing any disturbance, the chief of a police agency may restrict or prohibit access to, or passage through the area of a counter-espionage operation or important national facilities, such as a police agency and armory.
(3) Where a police officer takes measures under paragraph (1), he or she shall, without delay, report such fact to the chief of the police agency with which he or she is affiliated.
(4) The chief of a police agency who takes measures under paragraph (2) or receives a report under paragraph (3) shall take appropriate measures, such as seeking cooperation from relevant agencies.
[This Article Wholly Amended on May 20, 2014]
Article 6(Prevention and control of crimes) #
If a police officer deems that a crime is about to be committed in his or her presence, he or she may issue a warning to interested persons to prevent such crimes, and may prevent them from committing such Criminal Act in cases of emergency in which such crime is likely to inflict harm on people's life or body or grave damage to property.
[This Article Wholly Amended on May 20, 2014]
Article 7(Entry and exit for prevention of danger) #
(1) Where any danger to people's life, body, or property is imminent as a dangerous situation under Article 5(1) and (2), and Article 6 occurs, a police officer may enter the land, building, ship, or vehicle of another person within the extent rationally determined necessary, if such are deemed essential for the prevention of danger or the rescue of victims.
(2) No manager of an entertainment facility, inn, restaurant, railroad station, or other place frequented by many people, or interested person corresponding thereto, shall refuse a police officer entering such place without good cause if the police officer requests him or her to enter such place to prevent a crime or danger to people's life, body, or property during business hours of the place or while such place is open to the public.
(3) Where necessary to conduct a counter-espionage operation, a police officer may search places under paragraph (2) within the area of operation.
(4) If a police officer enters necessary places pursuant to paragraphs (1) through (3), he or she shall present a certificate indicating his or her identity and shall not interfere with the proper business of interested persons.
[This Article Wholly Amended on May 20, 2014]
Article 8(Verification of facts) #
(1) If any probable cause deemed necessary for performing duties exists, the chief of a police agency may inquire government agencies, public or private organizations, etc., into facts related to the performance of duties; provided, in an emergency, he or she may require police officers under his or her command to attend the scene and to verify facts in cooperation with the heads of such agencies or organizations.
(2) If necessary to perform the following duties, a police officer may request an interested person to appear at a police agency by sending an attendance request clearly specifying grounds for attendance and the time, date and place of attendance to interested persons:
1. To verify a guardian to have custody of a lost child;
2. To verify the holder of a claim for a lost object;
3. To verify the identity of the dead or injured after an accident;
4. To verify facts necessary for the investigation of a traffic accident in order to impose an administrative disposition.
[This Article Wholly Amended on May 20, 2014]
Article 8-2(Collection of information) #
(1) Police officers may collect, prepare, and distribute information for preventing and responding to threats to public security, such as crimes, disasters, and public conflicts, and may confirm facts incidental thereto.
(2) Detailed scope of, and standards for processing, information and procedures and limits for confirming facts incidental to the collection, preparation, and distribution of information prescribed in paragraph (1), shall be prescribed by Presidential Decree.
[This Article Added on Dec. 22, 2020]
[Previous Article 8-2 moved to Article 8-3 <Dec. 22, 2020>]
Article 8-3(International cooperation) #
The Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard may conduct the exchange of data, international cooperation, etc., with foreign government agencies, international organizations, etc., to perform duties under this Act. <Amended on Nov. 19, 2014; Jul. 26, 2017>
[This Article Added on May 20, 2014]
[Moved from Article 8-2 <Dec. 22, 2020>]
Article 9(Detention cell) #
A police station and a coast guard station shall establish a detention cell to accommodate arrested or detained persons or persons who receive judgment or disposition that restricts bodily freedom pursuant to procedures prescribed by statutes. <Amended on Nov. 19, 2014; Jul. 26, 2017>
[This Article Wholly Amended on May 20, 2014]
Article 10(Use of police equipment) #
(1) Police officers may use police equipment in performing duties; provided, where they use police equipment that may endanger life or inflict bodily harm (hereinafter referred to as "lethal police equipment"), they shall use such equipment after receiving necessary safety education and safety inspection.
(2) "Police equipment" in the main clause of paragraph (1) means devices and tools that police officers need in performing their duties, such as weapons, police gear, police body cameras, tear agents and trigger devices thereof, water cannon, offender identification tools, coastal surveillance equipment, communication devices, vehicles, vessels, and aircraft. <Amended on Jan. 30, 2024>
(3) Police officers shall not endanger life or inflict bodily harm by using, otherwise ordinarily using, equipment by modifying police equipment without permission or attaching other equipment to police equipment.
(4) The use of lethal police equipment shall be restricted to the necessary minimum.
(5) Where the Commissioner General of the Korean National Police Agency intends to introduce new lethal police equipment, he or she shall conduct safety inspection as prescribed by Presidential Decree and submit the inspection outcomes to the relevant standing committee of the National Assembly. In such cases, independent specialists shall participate in the safety inspection.
(6) The kinds of lethal police equipment and standards for use thereof, standards for safety education and safety inspection, etc., shall be prescribed by Presidential Decree.
[This Article Wholly Amended on May 20, 2014]
Article 10-2(Use of police gear) #
(1) If any probable cause deemed necessary for performing the following duties exists, a police officer may use police gear within necessary scope after reasonably assessing the situation:
1. To arrest a flagrant offender or an offender who commits a crime punishable by death, life imprisonment or imprisonment with or without labor for a maximum period of at least three years, or to keep him or her from absconding;
2. To protect the police officer's or other people's life or body;
3. To deter resistance to the police officer performing his or her duties.
(2) "Police gear" referred to in paragraph (1) means handcuffs, ropes, police batons, shields, etc., carried by police officers for performing their duties, such as arrest of offenders and suppression of crimes.
[This Article Wholly Amended on May 20, 2014]
Article 10-3(Use of spray guns) #
In extenuating circumstances for performing the following duties, a police officer may use a spray gun (referring to spray guns prescribed in the Act on the Safety Management of Guns, Swords, Explosives, Etc., which include agents, such as tear agents used for spray guns; hereinafter the same shall apply) or tear gas grenades to the minimum necessary, based on the judgment of a person in charge of the scene: <Amended on Jan. 6, 2015>
1. To arrest an offender or keep him or her from absconding;
2. To deter significant danger to the police officer's or other people's safety of life, body, property, or public facilities due to any unlawful assembly or demonstration.
[This Article Wholly Amended on May 20, 2014]
Article 10-4(Use of weapons) #
(1) If a police officer has any probable cause to arrest an offender, keep an offender from absconding, defend and protect the police officer's or other people's life or body, deter resistance against the police officer in the line of duty, the police officer may use weapons within necessary range based on the reasonable judgment of the situation; provided, the police officer shall not inflict harm on the people, unless any of the following applies:
1. Where the situation constitutes legitimate self-defense and emergency evacuation prescribed by the Criminal Act;
2. Where the police officer has any probable cause to believe that no means other than the use of weapons exist to prevent the following acts or to arrest an offender when any of the following applies:
a. If the police officer has any probable cause to suspect that a person who commits or has committed a crime punishable by death or imprisonment with labor for an indefinite term or for a term of not less than three years, or imprisonment without labor resists the police officer in the line of duty or intends to abscond;
b. If the offender resists the police officer in the line of duty or intends to abscond when an arrest and detention warrant or a search and seizure warrant is executed;
c. If a third party resists the police officer to help a person falling under item a or b abscond;
d. If an offender or a person creating any disturbance carries with him or her a dangerous object, such as a weapon and deadly weapon, and continues to disobey the police officer, not complying with an order to throw away the dangerous object or an order to surrender issued by the police officer at least three times;
3. Where an armed espionage agent refuses to obey an order to surrender issued by the police officer in a counter-espionage operation.
(2) "Weapon" under paragraph (1) means a pistol, rifle, sword, etc., manufactured to endanger life or inflict bodily harm.
(3) In conducting military operations related to national security, such as counter-espionage and counter-terrorist operations, crew-served weapons may be used in addition to individual weapons.
[This Article Wholly Amended on May 20, 2014]
Article 10-5(Use of police body cameras) #
(1) Where necessary to perform any of the following duties, a police officer may use a police body camera to the minimum extent necessary:
1. Where the police officer arrests or detains a criminal suspect pursuant to Article 200-2, 200-3, 201, or 212 of the Criminal Procedure Act;
2. Where the police body camera is necessary for criminal investigations and satisfies all of the following requirements:
a. The criminal suspect shall be committing a crime or shortly before or after the crime;
b. It shall be necessary and urgent to preserve evidence;
3. Where a dangerous situation, such as destruction or collapse of an artificial structure under Article 5(1), occurs;
4. Where a request for, or consent to, recording is made by, or obtained from, a person to be recorded in a police body camera (hereafter in this Article referred to as "person to be recorded");
5. Where the police officer obviously falls under the subparagraphs of Article 4(1) and there are reasonable grounds to believe that emergency relief is necessary;
6. Where the police body camera immediately prevents or restrains criminal acts that are likely to endanger a person's life or to inflict grave harm on his or her body or property pursuant to Article 6;
7. Where the police officer conducts a maritime inspection or search, or pursuit or seizure pursuant to Article 12 or 13 of the Coast Guard Affairs Act;
8. Where the police officer conducts a search or rescue while conducting aquatic rescue and relief operations defined in subparagraph 4 of Article 2 of the Act on the Search and Rescue in Waters pursuant to that Act;
9. Other cases prescribed by Presidential Decree as equivalent to those stipulated in subparagraphs 1 through 8.
(2) "Police body camera" in this Act means a recording device that is attached to the body and records the process of a police officer performing his or her duties while wearing or carrying it in close proximity by audio or video or any other mechanical device equipped with functions similar thereto.
[This Article Added on Jan. 3, 2023]
Article 10-6(Notification of use of police body cameras) #
(1) Where a police officer makes records with a police body camera and takes photographs of images of a person or objects related to such person with a mobile visual data processing device, the police officer shall indicate and notify such fact using methods such as lights, sounds, and signboards as prescribed by Presidential Decree.
(2) Notwithstanding paragraph (1), in cases falling under the subparagraphs of Article 10-5(1) and it is impracticable to notify, the notification may be replaced by recording of the reason for a failure to make such notification when transmitting and storing audio and video records pursuant to paragraph (3).
(3) The audio and video records recorded with a police body camera shall, without delay, be transmitted and stored in audio and video record information database by using the audio and video record information management system under Article 10-7, and the audio and video records shall not be edited, copied, or deleted arbitrarily.
(4) Other matters necessary for the standards for the use, management, etc. of police body cameras shall be prescribed by Presidential Decree.
[This Article Added on Jan. 3, 2023]
Article 10-7(Establishment and operation of audio and video record information management system) #
The Commissioner General of the Korean National Police Agency and the Commissioner General of the Korea Coast Guard shall establish and operate an audio and video record information management system that stores videos and audios recorded with a police body camera and manages it as a database.
[This Article Added on Jan. 3, 2023]
Article 11(Keeping usage records) #
Where water cannons under Article 10(2), spray guns or tear gas grenades under Article 10-3, or weapons under Article 10-4 are used, a person responsible therefor shall make and keep a record of the date, time, place, objects of use, person in charge of the scene, kinds, quantity, etc.
[This Article Wholly Amended on May 20, 2014]
Article 11-2(Indemnification) #
(1) The State shall reasonably indemnify a person for any of the following losses due to lawful performance of duties by a police officer: <Amended on Dec. 24, 2018>
1. Where a person not responsible for causing loss suffers loss of life, bodily injury or loss of property (including cases in which a person not responsible for causing loss suffers loss of life, bodily injury or loss of property as he or she voluntarily cooperates in the performance of duties by a police officer or provides articles);
2. Where a person responsible for causing loss suffers loss of life, bodily injury or loss of property beyond the extent of his or her responsibility.
(2) A right to claim compensation for loss under paragraph (1) shall be extinguished by extinctive prescription if the right is not exercised within three years from the date one learns that any loss exists or within five years from the date any loss occurs.
(3) A committee for deliberation on compensation for loss shall be established in order to deliberate on cases of compensation for loss under paragraph (1).
(4) The Commissioner General of the Korean National Police Agency, the Commissioner General of the Korea Coast Guard, the commissioner of a City/Do police agency, or a commander of a regional coast guard shall pay monetary compensation following deliberation and resolution by the committee for deliberation on compensation for loss referred to in paragraph (3), and recover monetary compensation from a person who has received the relevant compensation by fraud or other improper means. <Amended on Dec. 24, 2018; Dec. 22, 2020; Mar. 19, 2024>
(5) Where monetary compensation has been paid, the committee for deliberation on compensation for loss shall report data used for examination and the result of the examination to the Korean National Police Commission or the Coast Guard Committee, as prescribed by Presidential Decree. In such cases, the Korean National Police Commission or the Coast Guard Committee may request the committee to submit data necessary to ascertain whether compensation for loss is lawful and appropriate. <Added on Dec. 24, 2018; Dec. 22, 2020; Mar. 19, 2024>
(6) Where a person who should return the monetary compensation pursuant to paragraph (5) fails to return the amount of such compensation by the deadline prescribed by Presidential Decree, the Commissioner General of the Korean National Police Agency, the Commissioner General of the Korea Coast Guard, the commissioner of a City/Do police agency, or a commander of a regional coast guard may collect the amount in the same manner as the national taxes are compulsorily collected. <Amended on Dec. 24, 2018; Dec. 22, 2020; Mar. 19, 2024>
Article 11-3(Paying compensation to persons who have rendered distinguished service in arrest of offenders) #
(1) The Commissioner General of the Korean National Police Agency, the Commissioner General of the Korea Coast Guard, the commissioner of a City/Do police agency, the commander of a regional coast guard, the chief of a police station, or the chief of a coast guard station (hereafter in this Article referred to as the "Commissioner General of the Korean National Police Agency, etc.") may pay compensation to any of the following persons: <Amended on Dec. 22, 2020; Mar. 19, 2024>
1. A person who reports an offender or an offender’s whereabouts, leading to the arrest of the offender;
2. A person who captures an offender and hands him or her to a police official;
3. A person who makes a substantial contribution to preventing terror crime;
4. Any other persons equivalent to those prescribed in subparagraphs 1 through 3 above, as prescribed by Presidential Decree.
(2) The Commissioner General of the Korean National Police Agency, etc. shall each establish and operate a compensation review committee to examine payment of compensation under paragraph (1), as prescribed by Presidential Decree. <Amended on Dec. 22, 2020; Mar. 19, 2024>
(3) The compensation review committee under paragraph (2) shall be composed of not more than five members including a chairperson.
(4) Members of the compensation review committee under paragraph (2) shall be appointed by the Commissioner General of the Korean National Police Agency, etc. from among police officials under his or her jurisdiction. <Amended on Dec. 22, 2020; Mar. 19, 2024>
(5) The Commissioner General of the Korean National Police Agency, etc. shall pay compensation based on the review and deliberation of the compensation review committee under paragraph (2), and recover the compensation paid by them to an individual who receives such compensation by fraud or other improper means. <Amended on Dec. 22, 2020; Mar. 19, 2024>
(6) Where a person who should return the compensation pursuant to paragraph (5) fails to return such compensation by the deadline prescribed by Presidential Decree, the Commissioner General of the Korean National Police Agency, etc. may collect the amount thereof in the same manner as national taxes are compulsorily collected. <Amended on Dec. 24, 2018; Dec. 22, 2020; Mar. 19, 2024>
(7) Persons eligible to receive compensation, standards and procedures for paying compensation under paragraph (1), the composition of the compensation review committee and matters to be reviewed by it under paragraphs (2) and (3), procedures for recovering compensation under paragraphs (5) and (6), and other necessary matters regarding the payment of compensation shall be prescribed by Presidential Decree. <Added on Dec. 24, 2018>
Article 11-4(Litigation support) #
The Commissioner General of the Korean National Police Agency and the Commissioner of the Korea Coast Guard may provide support necessary for conducting litigation, such as the appointment of an attorney-at-law, where a police officer conducts a lawsuit related to civil or criminal liability due to the performance of duties prescribed in the subparagraphs of Article 2.
[This Article Added on Oct. 19, 2021]
Article 11-5(Mitigation and waiver of punishment for performance of duties) #
In a situation where there is a clear and urgent threat of endangering life or inflicting bodily harm on another person because the following crimes are about to be committed or being committed, where an act performed by a police officer to prevent or suppress such harm, or a direct act by a police officer corresponding to the exercise of tangible force in the course of arresting a criminal causes harm to another person, if the performance of the duties by the police officer is unavoidable and has been done to the minimum extent necessary, and the relevant police officer is not intentionally or grossly negligent, the punishment may be mitigated or waived taking into account the circumstances:
1. Crimes of homicide under Chapter XXIV of Part II, crimes of inflicting bodily injury and violence under Chapter XXV, crimes of rape among crimes concerning rape and infamous conduct under CHAPTER XXXII, and crimes of robbery among crimes of larceny and robbery under CHAPTER XXXVIII, of the Criminal Act, and crimes subject to aggravated punishment under other statutes;
2. Crimes of domestic violence under the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence and child abuse crimes under the Act on Special Cases concerning the Punishment of Child Abuse Crimes.
[This Article Added on Feb. 3, 2022]
Article 12(Penalty provisions) #
Any person who harms another person by violating the duties of a police officer or by abusing his or her authority as prescribed by this Act shall be punished by imprisonment with or without labor for not more than one year, or by a fine not exceeding three million won. <Amended on Jan. 30, 2024>
[This Article Wholly Amended on May 20, 2014]
Article 13 #
Deleted. <May 20, 2014>