Article 1(Purpose) #
The purpose of this Act is to provide for the organization of security service, the scope of duties, and other necessary matters in order to provide security service for the President and others efficiently. <Amended on Feb. 29, 2008>
[This Article Wholly Amended on Mar. 10, 2005]
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Feb. 2, 2012; Mar. 23, 2013; Jul. 26, 2017>
1. The term "security service" means all safety activities for the protection of the life and property of a person eligible for security service, including the protection from, or the removal of, dangers to his or her health and the vigilance, patrol, and safeguard in a specific area;
2. The term "security zone" means an area in which public officials of the Security Service and those of relevant agencies who support security work perform activities for security service;
3. The term "public officials of the Security Service" means employees of the Presidential Security Service (hereinafter referred to as the "Security Service") and persons dispatched to the Security Service;
4. The term "relevant agencies" means state agencies, local governments, etc. that the Security Service requests support and cooperation necessary to perform security work.
[This Article Wholly Amended on Apr. 28, 2011]
Article 3(Chief of Presidential Security Service) #
(1) The Chief of the Presidential Security Service (hereinafter referred to as the "Chief") shall be appointed by the President, and shall exercise overall control over the affairs of the Security Service and supervise the public officials of the Security Service. <Amended on Jul. 26, 2017>
(2) The Security Service shall have 1 Deputy Chief. <Amended on Jul. 26, 2017>
(3) The Deputy Chief shall be appointed from among Grade I security officers or state public officials in special service of the Senior Executive Service, and shall assist the Chief. <Amended on Jul. 26, 2017>
[This Article Wholly Amended on Mar. 23, 2013]
[Title Amended on Jul. 26, 2017]
Article 4(Persons Eligible for Security Service) #
(1) Persons eligible for security service by the Security Service shall be as follows: <Amended on Mar. 23, 2013; Aug. 13, 2013; Jul. 26, 2017>
1. The President and his or her family members;
2. The President-elect and his or her family members;
3. A former President in whose case 10 years have not passed since he or she left office, only if the provision of security service is not against his or her will, and his or her spouse; provided, the security service period shall be 5 years if a President resigns from office before the end of his or her term of office or he or she dies in office, and the security service period shall be 5 years after he or she dies if he or she dies after he or she resigns from office, but shall not exceed 10 years from the date of resignation;
4. An acting President and his or her spouse;
5. The head of the state or government of a foreign country visiting the Republic of Korea and his or her spouse;
6. Other domestic or foreign important figures for whom the Chief considers that security service is necessary.
(2) The extent of family members under paragraph (1) 1 or 2 shall be prescribed by Presidential Decree.
(3) Notwithstanding paragraph (1) 3, if requested by a former President or his or her spouse, the security service may be provided for a period exceeding the period prescribed in the same subparagraph by up to five years, if the Chief deems it necessary for reason of old age or the like. <Added on Aug. 13, 2013; Jul. 26, 2017>
[This Article Wholly Amended on Apr. 28, 2011]
Article 5(Designation of security zones) #
(1) If the Chief considers it necessary for the provision of security service, he or she may designate a security zone. <Amended on Feb. 2, 2012; Mar. 23, 2013; Jul. 26, 2017>
(2) The designation of a security zone under paragraph (1) shall be limited to the minimum extent necessary for accomplishing the purpose of security service.
(3) Public officials of the Security Service and those of relevant agencies who support security work may perform security activities necessary for the prevention of dangers, including the maintenance of order in a security zone, traffic control, inspections and searches, the control of entry and exit, the detection of hazardous substances, and safety measures, only where a reasonable ground exists to believe that such activities are inevitable for the purpose of security service. <Amended on Feb. 2, 2012>
(4) Deleted. <Mar. 23, 2013>
[This Article Wholly Amended on Apr. 28, 2011]
Articles 5-2 (Security and Safety Management in Multilateral Summit Meetings) (1) A security and safety measure agency may be established under the President in order to protect the heads of foreign states or the foreign administrative heads and the heads of international organizations who attend multilateral summit meetings held in the Republic of Korea and to efficiently perform safety management in meeting venues.
(2) The Chief shall be the head of the security and safety measure agency. <Amended on Mar. 23, 2013; Jul. 26, 2017>
(3) The security and safety measure agency shall be composed of public officials of the Security Service and those of relevant agencies.
(4) The time of establishment, procedures of establishment and management, and other necessary matters for the security and safety measure agency shall be prescribed by Presidential Decree.
(5) When it is necessary for security and safety management of multilateral summit meetings, the head of the security and safety measure agency may deploy necessary personnel and operate devices in important national facilities and facilities which many and unspecified persons use under subparagraph 13 of Article 2 of the United Defense Act, for safety management in those facilities, after undergoing consultation with the heads of relevant agencies.
[This Article Added on Feb. 2, 2012]
Article 6(Employees) #
(1) The Security Service shall have security officers of Grade I through Grade IX, who shall be state public officials in special service, and state public officials in general service; provided, if it is considered necessary, part of the full number of security officers may be filled with state public officials in general service or state public officials in special civil service. <Amended on Dec. 11, 2012; Mar. 23, 2013; Jul. 26, 2017>
(2) The name of each type of duty of security officers at each rank shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 28, 2011]
Article 7(Authority for Appointment) #
(1) Grade V and higher-ranking security officers and state public officials equivalent to or higher than Grade V in special civil service shall be appointed by the President on recommendation of the Chief; provided, affairs regarding transference, the leave of absence, the appointment to a concurrent office, the dispatch, the dismissal from a post, the suspension from office, and the reinstatement in the service shall be within the remit of the Chief. <Amended on Mar. 23, 2013; Jul. 26, 2017>
(2) The Chief shall have the authority for the appointment of all security officers and state public officials in special civil service, except those specified in paragraph (1). <Amended on Jul. 26, 2017>
(3) Deleted. <Mar. 23, 2013>
(4) As to the employment of new public officials in special service who belong to the Senior Civil Service, Article 28-6 (3) of the State Public Officials Act shall apply mutatis mutandis.
[This Article Wholly Amended on Apr. 28, 2011]
Article 8(Qualifications and Disqualifications for Appointment of Employees) #
(1) Employees of the Security Service shall be appointed from among physically healthy and well-behaved persons with sound mind. <Amended on Mar. 23, 2013; Jul. 26, 2017>
(2) None of the following persons shall be appointed as an employee:
1. A person who has no Korean nationality;
2. A person who falls under any subparagraph of Article 33 of the State Public Officials Act.
(3) An employee who falls under any subparagraph of paragraph (2) (excluding those under subparagraph 5 of Article 33 of the State Public Officials Act) shall be discharged from office automatically.
[This Article Wholly Amended on Apr. 28, 2011]
Article 9(Duty of Confidentiality) #
(1) No public official of the Security Service (including persons who retired or resigned from office and persons who returned to the institution to which they originally belonged; the same shall apply hereafter in this Article) shall divulge any confidential information which becomes known to him or her in the scope of his or her duties.
(2) If a public official of the Security Service intends to publish or otherwise disclose to the public any fact related to the duties of the Security Service, he or she shall obtain permission from the Chief therefor in advance. <Amended on Mar. 23, 2013; Jul. 26, 2017>
[This Article Wholly Amended on Apr. 28, 2011]
Article 10(Termination by Authority) #
(1) The authority for appointment may terminate an employee (excluding State public officials in special civil service; the same shall apply hereafter in this Article) from service by exercising his or her authority, if the person falls under any of the following subparagraphs:
1. If a person is unable to continue to perform his or her duties for six or more months due to a physical or mental disorder;
2. If a person significantly lacks the capability of performance of his or her duties or has shown extremely bad attitude in service and thus he or she is found incompetent as an employee;
3. If a position is abolished or the number of employees exceeds the full number of staff due to a change or disbandment of the organization, abolition of the full number of staff or a reduction of budget;
4. If a person fails to resume his or her service without a justifiable ground even after a period of leave of absence ends or a cause for leave of absence terminates;
5. If a person was ordered to wait for assignment due to the lack of capability for performance of his or her duties or his or her extremely poor performance of service, as prescribed by Presidential Decree, and it is found during the period that it is difficult to expect that he or she can improve his or her capability or performance of service during the period;
6. If a person's qualification certificate or license necessary for the performance of his or her duties at the relevant class becomes ineffective or is canceled and thus the person is unable to continue to perform his or her duties;
(2) Where a person falls under paragraph (1) 2 or 5 and is terminated from service, the termination shall obtain consent from the High Disciplinary Committee, as prescribed by Presidential Decree.
(3) As regards the termination from service under paragraph (1) 3, guidelines for the termination shall be prescribed, taking into consideration the form of appointment, results of performance, the capability for performance of duties, and record of disciplinary action taken. In such cases, a person terminated from service may be re-appointed preferentially to a vacancy whenever there is a vacancy.
(4) When it is intended to prescribe guidelines for the termination from service under paragraph (3) or determine a person subject to termination under paragraph (1) 3, a decision thereon shall be made through deliberation and resolution by the Personnel Committee, as prescribed by Presidential Decree.
Article 11(Retirement Ages) #
(1) The retirement age of security officers shall be classified as follows: <Amended on Aug. 13, 2013>
1. Retirement time in age:
(a) Grade V or higher: 58 years of age;
(b) Grade VI or lower: 55 years of age;
2. High year of tenure:
(a) Grade II: 4 years;
(b) Grade III: 7 years;
(c) Grade IV: 12 years;
(d) Grade V: 16 years.
(2) If a security officer is demoted, his or her period of service at the higher rank he or she held before demotion shall be included in the period of service at the demoted rank in calculating the period of service for the high year of tenure under paragraph (1) 2.
(3) Notwithstanding paragraph (1) 2, the high year of tenure of a security officer demoted due to disciplinary action (including where he or she is demoted to Grade 6) shall be governed by the following subparagraphs: <Added on Dec. 3, 2024>
1.The high year of tenure for a demoted rank shall be the high year of tenure for the highest rank he or she was in before demotion; provided, in the case of a grade 1 security officer being demoted, the high year of tenure under paragraph (1) 2 (a) shall apply;
2. In calculating the number of years for the high year of tenure, the number of years of service in the rank before demotion and the number of years of service after demotion shall be aggregated.
(4) A security officer shall be automatically dismissed from service on June 30, if the date on which he or she attains the retirement age falls in the period between January and June, or on December 31, if the date on which he or she attains retirement age falls in the period between July and December. <Amended on Dec. 3, 2024>
(5) Deleted. <Aug. 13, 2013>
[This Article Wholly Amended on Apr. 28, 2011]
Article 12(Disciplinary Action) #
(1) The High Disciplinary Committee and the General Disciplinary Committee shall be installed in the Security Service in order to examine and resolve matters regarding disciplinary action against employees. <Amended on Mar. 23, 2013; Jul. 26, 2017>
(2) Each Disciplinary Committee shall be comprised of 1 chairperson and at least 4, but not exceeding 6, committee members.
(3) A disciplinary action against an employee shall be taken by the Chief through resolution by a Disciplinary Committee; provided, the expulsion or removal of a Grade V or higher-ranking employee shall be made by the President at the request of the Chief through resolution by the High Disciplinary Committee. <Amended on Jul. 26, 2017>
(4) Matters necessary for the composition and operation of each Disciplinary Committee shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 28, 2011]
Article 13(Compensation) #
A person who resigns from service as an employee due to a wound or an injury inflicted while performing security service for a person eligible for security service under any subparagraph of Article 4 (1) or in connection with such security service, his or her family members and family members of a decedent who died while in such security service shall be entitled to the compensation under the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State or the Act on Support for Persons Eligible for Veteran’s Compensation, as prescribed by Presidential Decree. <Amended on Sep. 15, 2011>
[This Article Wholly Amended on Apr. 28, 2011]
Article 14(Relationship to the State Public Officials Act, etc.) #
(1) Matters regarding the employment of new employees, the conduct of examinations, promotion, the evaluation of performance of service, remuneration, education, and training of employees shall be prescribed by Presidential Decree.
(2) Except as otherwise provided in this Act, the State Public Officials Act shall apply mutatis mutandis to employees.
(3) Articles 17 and 18 of the State Public Officials Act shall not apply to employees.
[This Article Wholly Amended on Apr. 28, 2011]
Article 15(Request to State Agencies for Cooperation) #
When the Chief considers it necessary for service, he or she may request the head of a state agency, a local government, or any other public organization to dispatch a public official or an employee under his or her control or to provide cooperation otherwise as may be necessary. <Amended on Feb. 2, 2012; Mar. 23, 2013; Jul. 26, 2017>
[This Article Wholly Amended on Apr. 28, 2011]
Article 16(Committee on Measures for Security and Safety of President) #
(1) In order to clarify responsibilities of related ministries and for relevant agencies to smoothly cooperate with one another in performing security service for persons eligible for the security service under subparagraphs of Article 4 (1), the Security Service shall have the Committee on Measures for Security and Safety of President (hereinafter referred to as the "Committee"). <Amended on Feb. 2, 2012; Mar. 23, 2013; Jul. 26, 2017>
(2) The Committee shall be comprised of up to 20 committee members, including one chairperson and one vice chairperson.
(3) The Chief shall serve as the chairperson, the Deputy Chief as the vice chairperson, and public officials of the relevant agencies prescribed by Presidential Decree as committee members. <Amended on Feb. 2, 2012; Mar. 23, 2013; Jul. 26, 2017>
(4) The Committee shall take charge of the following matters:
1. Discussion about duties related to safety measures necessary for security service for the President;
2. Exchange and analysis of intelligence and information related to security service for the President;
3. Other matters deemed necessary for security service for persons eligible for the security service under the subparagraphs of Article 4 (1).
(5) Matters necessary for the composition and operation of the Committee shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 28, 2011]
Article 17(Judicial Police Power of Security Officers) #
(1) A security officer (referring to a security officer designated by the Chief Public Prosecutor of the Seoul Central District Prosecutors' Office at the request of the Chief; the same shall apply hereafter in this Article) may carry out duties as a judicial police officer within the extent necessary for urgent action in performing his or her duties or investigation with regard to a crime discovered in the course of performance of security service for persons eligible for the security service under the subparagraphs of Article 4 (1) and that is within the scope of his or her duties. <Amended on Mar. 23, 2013; Jul. 26, 2017>
(2) In cases falling under paragraph (1), a Grade VII or higher-ranking security officer shall perform his or her duties as a senior judicial police officer, and a Grade VIII or lower-ranking security officer shall perform his or her duties as a junior judicial police officer.
[This Article Wholly Amended on Apr. 28, 2011]
Article 18(Prohibition of Abuse of Authority, etc.) #
(1) No public official of the Security Service shall abuse his or her authority.
(2) No police officer dispatched to the Security Service shall perform any duty as a police officer other than the missions specified in this Act. <Amended on Mar. 23, 2013; Jul. 26, 2017>
[This Article Wholly Amended on Apr. 28, 2011]
Article 19(Carrying and Use of Weapons) #
(1) When the Chief considers it necessary for the performance of duties, he or she may permit public officials of the Security Service to carry weapons with them. <Amended on Mar. 23, 2013; Jul. 26, 2017>
(2) If a person who carries a weapon with him or her pursuant to paragraph (1) has a reasonable ground to believe that it is necessary for the performance of his or her duties, he or she may use the weapon within the extent that he or she judges inevitable in dealing with the relevant incident; provided, he or she shall not harm any one except for any of the following cases:
1. Where the use of a weapon constitutes self-defense or an act out of necessity under Article 21 or 22 of the Criminal Act;
2. Where a public official of the Security Service has a reasonable ground to suspect that a person commits or has committed a crime discovered within his or her remit in the course of performing security service for a person eligible for the security service under any subparagraph of Article 4 (1) and that shall be punished by imprisonment, with or without prison labor, either for life or for three or more years; the person obstructs the public official's execution of his or her duties or attempts to escape or a third party resists against the public official in an attempt to aid the person to escape; and the public official has a reasonable ground to believe that he or she has no means but the use of a weapon in order to subdue resistance or arrest the person;
3. Where a person at nighttime or a group of persons carries a deadly weapon or any other dangerous item and obstructs a public official of the Security Service in an attempt to interfere with security service and the public official has a reasonable ground to believe that he or she has no means, but the use of a weapon in order to subdue resistance or arrest the person or persons.
[This Article Wholly Amended on Apr. 28, 2011]
Article 20 #
Deleted. <Apr. 28, 2011>
Article 21(Penal Provisions) #
(1) Any person who violates Article 9 (1), 18, or 19 (2) shall be punished by imprisonment, with or without prison labor, for not more than 5 years or by a fine not exceeding 10 million won.
(2) Any person who violates Article 9 (2) shall be punished by imprisonment, with or without prison labor, for not more than 2 years or by a fine not exceeding 5 million won.
[This Article Wholly Amended on Apr. 28, 2011]