Article 1(Purpose) #
The purpose of this Act is to prescribe special exceptions to the State Public Officials Act with regard to the appointment, education, training, service, guarantee of status, etc. of police officials in light of the importance of their responsibilities and duties and the special characteristics of their status and working conditions.
Article 2(Definitions) #
The terms used in this Act are defined as follows:
1. The term "appointment" means new recruitment, promotion, transfer, dispatch, provision of a leave of absence, release from position, suspension from office, demotion, reinstatement, removal or dismissal from office, and expulsion;
2. The term "transfer" means appointment of a police official to another agency or department within the same position and qualifications;
3. The term "reinstatement" means reinstating a police official who has been on leave of absence or under release from position or suspension from office (including suspension from office due to demotion) to his or her previous position.
Article 3(Classification of Ranks) #
The ranks of police officials shall be classified as follows:
Commissioner General;
Chief Superintendent General;
Senior Superintendent General;
Superintendent General;
Senior Superintendent;
Superintendent;
Senior Inspector;
Inspector;
Assistant Inspector;
Senior Police Officer;
Police Officer.
Article 4(Classification of Police Branches) #
(1) Police officials may be classified according to police branches, based on the types of their duties.
(2) Matters necessary for the classification of police branches shall be prescribed by Presidential Decree.
Article 5(Establishment of Personnel Committee of Police Officials) #
(1) A personnel committee of police officials (hereinafter referred to as "personnel committee") shall be established in the Korean National Police Agency or the Korea Coast Guard to advise the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard on important matters regarding personnel affairs of the police officials.
(2) Matters necessary for the organization and operation of the personnel committees shall be prescribed by Presidential Decree.
Article 6(Functions of Personnel Committee) #
The personnel committees shall deliberate on the following:
1. Polices, standards, and master plans for the personnel administration of police officials;
2. Matters regarding the enactment, amendment, or repeal of statutes or regulations in relation to the personnel affairs of police officials;
3. Other matters that the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard refers to meetings of the personnel committees.
Article 7(Appointing Authority) #
(1) Senior Superintendents and higher-ranking police officials shall be appointed by the President via the Prime Minister upon the recommendation of the Minister of the Interior and Safety or the Minister of Oceans and Fisheries from among candidates recommended by the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard; provided, the transfer, provision of a leave of absence, release from position, demotion, suspension from office, and reinstatement of Superintendents shall be conducted by the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard.
(2) Superintendents and lower-ranking police officials shall be appointed by the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard; provided, the new recruitment of, promotion to, and removal from office of, Superintendents shall be conducted by the President via the Prime Minister upon the recommendation of the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard.
(3) The Commissioner General of the Korean National Police Agency may delegate part of his or her authority for appointment of police officials, to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, a Special Self-Governing City Mayor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") or to the chief of the National Office of Investigation, the head of an agency under his or her jurisdiction, or the commissioner of a City/Do police agency, as prescribed by Presidential Decree. In such cases, a Mayor/Do Governor may re-delegate part of the authority delegated to him or her, to a City/Do autonomous police commission under Article 18 of the Act on the Organization and Operation of National Police and Autonomous Police (hereinafter referred to as "City/Do autonomous police commission") or the commissioner of a City/Do police agency, as prescribed by Presidential Decree.
(4) The Commissioner General of the Korea Coast Guard may delegate part of his or her authority for appointment of police officials to the head of an agency under his or her jurisdiction or the chief of a regional coast guard agency, as prescribed by Presidential Decree.
(5) The Commissioner General of the Korean National Police Agency, the Commissioner General of the Korea Coast Guard, or a person to whom the authority for appointment is delegated pursuant to paragraphs (3) and (4) shall prepare and retain personnel records of police officials under his or her jurisdiction, as prescribed by Ministerial Decree of the the Interior and Safety or Ministerial Decree of the Oceans and Fisheries.
Article 8(Qualifications for Appointment and Grounds for Disqualification) #
(1) Police officials shall be appointed from among persons with sound body and mind and of good character.
(2) None of the following persons may be qualified for appointment as a police official: <Amended on Jan. 7, 2025>
1. A person who does not have the nationality of the Republic of Korea;
2. A person with multiple nationality under Article 11-2 (1) of the Nationality Act;
3. A person who is under adult guardianship or limited guardianship;
4. A person declared bankrupt and not yet reinstated;
5. A person sentenced to the suspension of qualification or any heavier punishment;
6. A person who is under a suspended sentence of the suspension of qualification or any heavier punishment, declared by a court;
7. A person who committed a crime prescribed in Article 355 or 356 of the Criminal Act in connection with his or her duty while he or she served as a public official and for whom two years have not passed since he or she was sentenced to a fine of at least three million won and such sentence became final;
8. A person who committed any of the following crimes and for whom three years have not passed since he or she was sentenced to a fine of at least one million won and such sentence became final;
(a) A sexual crime under Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes;
(b) A crime under the Act on Promotion of Information and Communications Network Utilization and Information Protection;
(c) A crime of stalking defined in the Act on Punishment of Crime of Stalking;
9. A person who was sentenced to punishment or medical treatment and custody and for whom such sentence became final (including a person for whom the period of the suspension of execution of punishment declared by a court has expired), for committing any of the following crimes against a minor:
(a) A sexual crime under Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes;
(b) Sex offenses against children or youth under subparagraph 2 of Article 2 of the Act on the Protection of Children and Youth against Sex Offenses;
Article 9(Separate Sentencing of Punishment of Fines) #
Notwithstanding Article 38 of the Criminal Act, where the punishment of a fine is imposed for concurrent crimes that involve a crime provided in Article 8 (2) 7 or in the items of subparagraph 8 of that paragraph and any other crime, a separate sentence shall be pronounced therefor. <Amended on Jan. 7, 2025>
Article 10(New Recruitment) #
(1) New recruitment of Superintendents and Police Officers shall be conducted through open competitive examinations.
(2) New recruitment of Inspectors shall be made from among the following persons: <Amended on Feb. 13, 2024>
1. A person who graduated from the Korean National Police University;
2. A person who meets the qualifications prescribed by Presidential Decree and is selected through an open competitive recruitment examination (hereinafter referred to as "successful candidate in an open competitive recruitment examination for Inspectors") who has completed education and training and has passed the prescribed examination.
(3) In any of the following cases, new recruitment of police officials may be conducted through examinations for recruitment by way of competition from among a large number of persons falling under the same grounds under specified requirements in terms of work experience, etc. (hereinafter referred to as "career-based competitive recruitment examinations"); provided, in any case prescribed by Presidential Decree where it is inappropriate to administer an examination for a large number of persons, police officials may be recruited through examinations not designed to be taken by a large number of persons: <Amended on Feb. 13, 2024>
1. Where a police official who retired for the reasons specified in Article 70 (1) 3 of the State Public Officials Act or by expiration of the period of his or her leave of absence under Article 71 (1) 1 of that Act is re-appointed as a police official with the rank held at the time of his or her retirement within three years (or five years in cases of a leave of absence due to a disease or injury in the line of duty under the Public Officials’ Accident Compensation Act) from the date of his or her retirement;
2. Where it is inappropriate to appoint a police official through an open competitive examination and therefore a holder of a qualification certificate relevant to a duty to be assigned is appointed;
3. Where a person who has work or research experience, or expertise appropriate for a position to be assigned is appointed;
4. Where a person who has passed an open competitive examination for Grade-V public officials under the State Public Officials Act or a bar examination under the Korean Bar Examination Act (referring to the Act before repealed by Act No. 9747 on May 28, 2009) is appointed as a Superintendent or a lower-ranking police official;
5. Where a person to serve in a special area, such as an island and a remote area is appointed;
Article 11(Sanctions against Cheaters) #
(1) If a person cheats in new recruitment examinations for police officials (including open competitive recruitment examinations for Inspectors; hereinafter the same shall apply), promotion examinations, or any other examination, such as by having another person sit for the examination on his or her behalf, the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard may issue a disposition to suspend the relevant examination or invalidate or revoke the results thereof, as prescribed by Presidential Decree. <Amended on Feb. 13, 2024>
(2) A person who was subjected to a disposition under paragraph (1) shall be suspended from taking the examinations for new recruitment, promotion, or others for a period prescribed by Presidential Decree, up to 5 years from the date of such disposition. <Added on Feb. 13, 2024>
(3) When the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard takes a disposition (excluding suspension of an examination) under paragraph (1), he or she shall notify the relevant person of the details of, and grounds for, such disposition in advance and provide him or her with an opportunity to vindicate himself or herself. <Added on Feb. 13, 2024>
Article 11-2(Revocation of Passing Scores of Persons Involved in Hiring Misconduct) #
(1) If any person is convicted of a misconduct prescribed by Presidential Decree in connection with the recruitment of police officials, the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard may revoke the passing scores or appointment of the person who has passed the recruitment examination or has been appointed as a result of the misconduct, as prescribed by Presidential Decree.
(2) Before imposing revocation under paragraph (1), the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard shall notify the relevant parties of the details of, and grounds for, such disposition and provide them with an opportunity to explain.
(3) The revocation under paragraph (1) shall be retroactive to the time of passing the examination or appointment.
[This Article Added on Feb. 13, 2024]
Article 12(List of Candidates for Recruitment) #
(1) The Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard (including a person to whom the authority for appointment is delegated pursuant to Article 7 (3) and (4)) shall register the applicants who have passed a new recruitment examination (including graduates from the Korean National Police University and successful candidates in an open recruitment examination for Inspectors; hereafter in this Article the same shall apply) on the list of candidates for recruitment in the order of their scores, as prescribed by Presidential Decree. <Amended on Feb. 13, 2024>
(2) New recruitment of police officials shall be based on the ranking on the list of candidates for recruitment under paragraph (1); provided, if candidates for recruitment have received education for new personnel at a police educational institution, the candidates shall be recruited in the order of their performance in such education.
(3) The effective period of the list of candidates for recruitment under paragraph (1) shall be prescribed by Presidential Decree, which shall not exceed two years; provided, the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard may extend the period by up to one year as may be necessary.
(4) Any of the following periods shall not be included in the period specified in paragraph (3): <Amended on Feb. 13, 2024>
1. Where a person who has passed a new recruitment examination is registered on the list of candidates for recruitment and then enlists in the army for military service in accordance with the Military Service Act within the effective period (including those who have completed the students' military training course), the mandatory service period;
2. Period during which he or she has been unable to be appointed for other reasons prescribed by Presidential Decree.
(5) If the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard decides to extend the effective period of the list of candidates for recruitment, he or she shall make a public announcement of such decision.
(6) Matters necessary for the preparation and management of the list of candidates for recruitment under paragraph (1) shall be prescribed by Presidential Decree.
(7) In filling vacancies for police officials, if the number of candidates registered on the list of candidates for recruitment or the list of candidates for promotion is less than the number of vacancies and the appointing authority deems it particularly necessary for personnel administration and management, such authority may regard the list of candidates for new appointment or the list of candidates for promotion of autonomous police officials prepared by another appointing authority with regard to the ranks in which vacancies occurred, as the list of candidates for recruitment or the list of candidates for promotion for the relevant agency, and may appoint the relevant autonomous police officials to fill such vacancies. In such cases, the appointing authority shall consult with such another appointing authority in charge of the autonomous police officials.
Article 13(Probationary Appointment) #
(1) In cases of new recruitment of a Superintendent or a lower-ranking police official, such police official shall be appointed for a probationary period of one year and appointed as a regular police official on the day immediately following the end of the period.
(2) The period of leave of absence, the period of dismissal from a post, and 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 official in the probationary period demonstrates poor performance in his or her service or in education and training, such police official may be removed from his or her office or a recommendation to remove the police official from his or her office may be made, notwithstanding Article 68 of the State Public Officials Act and Article 22 of this Act.
(4) In any of the following cases, a probationary appointment shall not be required: <Amended on Feb. 13, 2024>
1. Where a person who has graduated from the Korean National Police University or a person who has passed an open recruitment examination for Inspectors and has completed the prescribed education and training, is appointed as an Inspector;
2. Where a police official 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 official with such rank;
3. Where a retired police official who has passed a recruitment examination for the rank held at the time of his or her retirement is re-appointed;
4. Where an autonomous police official is appointed as a police official with a rank equivalent thereto.
Article 14(Personnel Exchanges between Police Officials and Autonomous Police Officials) #
(1) The Commissioner General of the Korean National Police Agency shall endeavor to ensure close personnel exchanges between the national police and the autonomous police of Jeju Special Self-Governing Province in order to improve police officials' capabilities and enhance coordination of business affairs between the national police and the autonomous police.
(2) Where an autonomous police official is recruited as a police official pursuant to Article 10 (3) 7, career-based competitive recruitment examinations, etc. may be omitted.
Article 15(Promotion) #
(1) The promotion of a police official shall be made from among police officials with an immediate lower rank, through the evaluation of performance of service and work experience and the verification of other capabilities; provided, if a Senior Superintendent General is appointed as the Commissioner General of the Korea Coast Guard, such Senior Superintendent General may be promoted to a Commissioner General.
(2) The promotion to a rank not higher than Superintendent General shall be based on the results of a promotion review; provided, in cases of the promotion to a rank not higher than Superintendent, a promotion examination and a promotion review may be concurrently conducted in the ratio prescribed by Presidential Decree.
(3) With regard to Senior Superintendents and lower-ranking police officials, a list of prospective candidates for promotion shall be prepared for each rank, as prescribed by Presidential Decree.
(4) The minimum number of years of service necessary for the promotion of police officials for each rank, limitations on promotion, and other matters necessary for promotion shall be prescribed by Presidential Decree.
Article 15-2(Promotion of Candidates for Promotion Who Are Killed in Action or Dies in Line of Duty) #
Where a person registered on the list of candidates for promotion under Article 18 (1) is killed in action or dies before promotion, he or she shall be deemed promoted to a rank to which promotion is scheduled, on the day preceding the date of death, which is regarded as the date of promotion.
[This Article Added on Aug. 16, 2023]
Article 16(Promotion for Continuous Service) #
(1) Notwithstanding Article 15 (2), the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard may promote a person who has served continuously in the relevant rank for the following periods to a Senior Police Officer, Assistant Inspector, Inspector, or Senior Inspector for his or her continuous service; provided, such periods may be shortened as prescribed by Presidential Decree, where it is deemed that the person has made a significant contribution to the development of police administration as a public official with experience in personnel exchanges or excellent performance in major tasks, etc.:
1. In cases of a promotion from a Police Officer to a Senior Police Officer for his or her continuous service: A person who has served continuously in the relevant rank for at least four years;
2. In cases of a promotion from a Senior Police Officer to an Assistance Inspector for his or her continuous service: A person who has served continuously in the relevant rank for at least five 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 six 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 eight years.
(2) During the period in which a police official who has been promoted for his or her continuous service pursuant to paragraph (1), it shall be deemed that the prescribed number of police officials for the relevant rank has been otherwise fixed and that the prescribed number of police officials for the previous rank has been reduced accordingly.
(3) Matters necessary for the standards, procedures, etc. for promotion for continuous service under paragraph (1) shall be prescribed by Presidential Decree.
Article 17(Promotion Review Committee) #
(1) In order to conduct a promotion review under Article 15 (2), a central promotion review committee shall be established in the Korean National Police Agency and the Korea Coast Guard; and a general promotion review committee shall be established in the Korean National Police Agency, the Korea Coast Guard, a City/Do police agency, and a police agency and a regional coast guard agency prescribed by Presidential Decree.
(2) A promotion review committee established pursuant to paragraph (1) shall review and select candidates for promotion, from among persons in the range of five times the number of vacancies available for promotion in the order named in the list of prospective candidates for promotion, which has been prepared pursuant to Article 15 (3) (excluding candidates for promotion who have successfully passed the promotion examination under the proviso of paragraph (2) of that Article).
(3) Matters necessary for the organization, jurisdiction, and operation of promotion review committees shall be prescribed by Presidential Decree.
Article 18(List of Candidates for Promotion) #
(1) The Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard (including a person to whom the authority for appointment is delegated pursuant to Article 7 (3) and (4)) shall register the persons who have passed the promotion examination under Article 15 (2) and the persons who have been selected as candidates for promotion pursuant to Article 17 (2) on the list of candidates for promotion, as prescribed by Presidential Decree.
(2) A promotion to a rank not higher than Superintendent General shall be made in the order registered on the list of candidates for promotion pursuant to paragraph (1).
(3) Article 12 shall apply mutatis mutandis to the effective period, preparation, and operation of the list of candidates for promotion.
Article 19(Special Promotion for Persons of Distinguished Service) #
(1) Notwithstanding Article 15, any of the following police officials may be specially promoted by one rank; provided, an Inspector or a lower-ranking police official may be specially promoted by two ranks, if he or she is killed in action or dies in the line of duty after rendering distinguished service, exemplary to all police officials:
1. A person who falls under any provision of Article 40-4 (1) 1 through 4 of the State Public Officials Act;
2. A person who was killed in action or who died in the line of duty;
3. A person who rendered distinguished service while performing his or her duties.
(2) Requirements for special promotion and other necessary matters shall be prescribed by Presidential Decree.
Article 20(Agencies Conducting Examination and Qualification for Application) #
(1) Examinations for new recruitment and promotion of police officials shall be administered by the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard; provided,, if deemed necessary, he or she may delegate part of the authority to the head of an agency under their jurisdiction, the commissioner of a City/Do police agency, or the chief of a regional coast guard agency, as prescribed by Presidential Decree. <Amended on Feb. 13, 2024>
(2) Qualification for applying for various examinations prescribed in paragraph (1), the methods of examinations, and other matters necessary for administering examinations shall be prescribed by Presidential Decree.
Article 21(Veterans' Benefits) #
Police officials who were killed or died (including persons who died of any disease in the line of duty) or who sustained an injury (including a disease in the line of duty) resulting in retirement, while in action, on duty, or in the course of receiving education or training, and their family members, bereaved or not, shall be given the honorable treatment or support in accordance with the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State or the Act on Support for Persons Eligible for Veteran’s Compensation.
Article 22(Education and Training) #
(1) The Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard shall plan and coordinate education and training in a comprehensive manner to ensure all police officials can have equal opportunities for education and training.
(2) The Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard may establish and operate educational and training institutions for the education and training of police officials.
(3) If necessary for education and training, the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard may dispatch police officials to domestic or foreign educational institutions so that they can receive education and training entrusted to such institutions for a specified period, as prescribed by Presidential Decree.
(4) Matters necessary for the establishment and operation of educational and training institutions for police officials under paragraph (2) and the service of police officials who have received education and training pursuant to paragraph (3) shall be prescribed by Presidential Decree.
Article 23(Prohibition of Political Involvement) #
(1) A political official shall be prohibited from joining a political party or organization or engaging in political activities.
(2) Engaging in political activities referred to in paragraph (1) means any of the following acts:
1. Supporting, or interfering with, the organization or joining of a political party or organization;
2. Spreading opinions supporting or opposing a specific political party or politician by taking advantage of his or her position or disseminating opinions or facts that praise or defame a specific political party or politician with a view to forming such public opinions;
3. Supporting, or interfering with, fundraising or using, or requiring others to use, funds of the State, a local government, or a public institution under the Act on the Management of Public Institutions, for a specific political party or politician;
4. Conducting an election campaign or participating in an election campaign meeting, for a specific political party or person;
5. An act specified in subparagraphs 1 through 4 using an information and communications network under the Act on Promotion of Information and Communications Network Utilization and Information Protection;
6. Requesting an employee or any other public official to conduct an act specified in subparagraphs 1 through 5, or giving, promising, or notifying advantage or disadvantage as a reward or retaliation in return for such act.
Article 24(Prohibition of False Reporting) #
(1) No police official shall file a false report or give false notice in connection with his or her duties.
(2) No police official shall neglect or abandon his or her duties.
Article 25(Prohibition of Abuse of Right to Command) #
In case of war, an incident, or any similar emergency situation, while conducting operations, or in a crisis that could cause many casualties and loss of state property, a person who leads and supervises police officials shall not refuse to perform his or her duty, abandon his or her duty, or allow police officials to advance or retreat from or leave the designated place of duty without good cause.
Article 26(Uniforms and Carrying of Weapons) #
(1) Police officials shall wear uniforms.
(2) Police officials may carry weapons if necessary to perform their duties.
(3) Matters regarding uniforms for police officials shall be prescribed by Ministerial Decree of the the Interior and Safety or by Ministerial Decree of the Oceans and Fisheries.
Article 27(Ipso Facto Retirement) #
A police official shall retire ipso facto when he or she falls under any category specified in the subparagraphs of Article 8 (2); provided, Article 8 (2) 4 shall be applicable only to a person declared bankrupt who fails to apply for immunity within the application period or for whom a decision not to grant immunity or revocation of immunity becomes final, in accordance with the Debtor Rehabilitation and Bankruptcy Act; and Article 8 (2) 6 shall be applicable only to a person who is declared the suspension of the sentence of suspension of qualification or heavier punishment for committing a crime prescribed in Articles 129 through 132 of the Criminal Act, Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes, Article 74 (1) 2 and 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, subparagraph 2 of Article 2 of the Act on Punishment of Crime of Stalking, or subparagraph 2 of Article 2 of the Act on the Protection of Children and Youth against Sex Offenses or for committing a crime prescribed in Article 355 or 356 of the Criminal Act in connection with his or her duties. <Amended on Jan. 7, 2025>
Article 28(Ex Officio Removal from Office) #
(1) The appointing authority may remove a police official from his or her office, ex officio, if the police official falls under any of the following:
1. When he or she falls under any category specified in Article 70 (1) 3 through 5 of the State Public Officials Act;
2. When he or she seriously lacks the ability or integrity to perform his or her duties to the extent that he or she is incompetent as a police official and it is deemed that any ground prescribed by Presidential Decree is applicable to him or her;
3. When he or she has a character flaw or moral deformity to the extent that he or she is likely to cause a danger while performing his or her duties and it is deemed that any ground prescribed by Presidential Decree is applicable to him or her;
4. When he or she becomes unable to perform his or her duties any longer because his or her qualification certificate or license necessary for performing his or her duties in his or her police branch becomes void or is revoked.
(2) Where intending to remove a police official from his or her office on any ground under paragraph (1) 2 or 3 or Article 70 (1) 5 of the State Public Officials Act, consent shall be obtained from the Disciplinary Committee under Article 32.
(3) The last day of the period of leave of absence or the date a ground for leave of absence ceases shall be deemed the date of ex officio removal from office due to the reason specified in Article 70 (1) 4 of the State Public Officials Act.
Article 29(Period of Leave of Absence for Police Officials Injured in Line of Duty) #
(1) If a police official takes a leave of absence due to a disease or injury sustained in the line of duty falling under any item of subparagraph 1 of Article 72 of the State Public Officials Act while performing his or her duties falling under any item of subparagraph 1 of Article 5 of the Public Officials' Accident Compensation Act, the period of such leave of absence shall not exceed 5 years, notwithstanding the proviso of subparagraph 1 of that Article, but may be extended by up to 3 years in consideration of medical opinions, etc., as prescribed by Presidential Decree. <Added on Feb. 13, 2024>
(2) Notwithstanding subparagraph 3 of Article 72 of the State Public Officials Act, the period of leave of absence for a police official on any ground prescribed in Article 71 (1) 4 of that Act shall end on the date a court declares him or her missing. <Amended on Feb. 13, 2024>
(3) If there are persons on leave of absence pursuant to paragraph (2), the vacancy may be filled by deeming that a separate fixed number of personnel corresponding to their ranks exists. <Amended on Feb. 13, 2024>
[Title Amended on Feb. 13, 2024]
Article 30(Retirement Age) #
(1) The retirement age of police officials shall be as follows:
1. Retirement age: 60 years of age;
2. Number of years for rank retirement:
Senior Superintendent General: 4 years;
Superintendent General: 6 years;
Senior Superintendent: 11 years;
Superintendent: 14 years.
(2) Notwithstanding paragraph (1) 2, the number of years for rank retirement of police officials demoted due to a disciplinary action (including demotion to Senior Inspector) shall be governed by the following:
1. Number of years for rank retirement of a police official who is demoted shall apply to the highest rank among ranks he or she held before demotion;
2. Number of years for rank retirement shall be calculated by adding the number of years of service with ranks held before and after demotion.
(3) Number of years for rank retirement pursuant to paragraph (1) 2 may be extended by up to 4 years for designated police officials, as prescribed by Presidential Decree, among police officials who serve in specific areas, such as investigation, intelligence, foreign affairs, security, and autonomous police affairs, with the rank of Senior Superintendent or Superintendent, as prescribed by Presidential Decree. <Amended on Feb. 13, 2024>
(4) The Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard may extend the number of years for rank retirement under paragraph (1) 2 by up to two years in case of war, an incident, or any similar emergency situation. In such cases, approval from the President shall be obtained for Superintendent Generals and higher-ranking police officials, via the Minister of the Interior and Safety or the Minister of Oceans and Fisheries and the Prime Minister; and for Senior Superintendents and Superintendents, via the Prime Minister.
(5) If a police official reaches retirement age between January and June, he or she shall retire ipso facto on June 30, and on December 31, if he or she reaches such age between July and December.
(6) In calculating the number of years for rank retirement under paragraph (1) 2, where a police official has served as an autonomous police official of Jeju Special Self-Governing Province, the number of years of service as an autonomous police official with the equivalent rank shall be included in the number of years for rank retirement.
Article 31(Grievance Review Committee) #
(1) A grievance review committee for police officials shall be established in the Korean National Police Agency, the Korea Coast Guard, a City/Do autonomous police commission, a City/Do police agency, and a police agency and a regional coast guard agency prescribed by Presidential Decree, to provide police officials with counseling on personnel affairs and to review their grievances.
(2) Petitions for re-deliberation on review of a grievance review committee for police officials and counseling on personnel affairs and review of grievances for Superintendents and higher-ranking police officials shall be handled by the central grievance review committee established under the State Public Officials Act.
(3) Matters necessary for the organization of, review procedures for, and operation of, grievance review committees for police officials shall be prescribed by Presidential Decree.
Article 32(Disciplinary Committee) #
(1) Resolutions on disciplinary actions of Superintendent Generals and higher-ranking police officials shall be passed by the disciplinary committee established under the jurisdiction of the Prime Minister under the State Public Officials Act.
(2) A disciplinary committee for police officials shall be established in a police agency and a coast guard agency prescribed by Presidential Decree, to resolve on disciplinary actions against Senior Superintendents and lower-ranking police officials.
(3) The organization, jurisdiction, and operation of disciplinary committees for police officials, the procedures for requesting resolutions on disciplinary actions, and other necessary matters shall be prescribed by Presidential Decree.
Article 33(Disciplinary Procedures) #
A disciplinary action against a police official shall be taken by the head of the competent agency in which the competent disciplinary committee is established, after a resolution of the disciplinary committee, while a disciplinary action resolved by the disciplinary committee established under the jurisdiction of the Prime Minister in accordance with the State Public Officials Act shall be taken by the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard; provided, expulsion, dismissal from office, demotion, or suspension from office shall be conducted by the appointing authority for the relevant police official after a resolution of the disciplinary committee; the demotion and suspension from office of Superintendent Generals and higher-ranking officials, and the expulsion and dismissal from office of Superintendents and higher-ranking officials shall be conducted by the President via the Minister of the Interior and Safety or the Minister of Oceans and Fisheries and the Prime Minister upon the recommendation of the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard; and the demotion and suspension from office of Senior Superintendents and Superintendents shall be conducted by the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard.
Article 34(Defendants in Administrative Litigation) #
The Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard shall be the defendant in an administrative lawsuit challenging a disciplinary action, leave of absence, removal from office, or any other unfavorable disposition made against one's will; provided, if the authority for appointment has been delegated pursuant to Article 7 (3) and (4), the person to whom such authority has been delegated shall be the defendant.
Article 35(Remuneration for Persons Who Pass Open Competitive Recruitment Examinations for Inspectors) #
Remuneration and other actual expenses shall be paid to successful candidates in an open competitive recruitment examination for Inspectors during education and training, as prescribed by Presidential Decree. <Amended on Feb. 13, 2024>
[Title Amended on Feb. 13, 2024]
Article 36(Relationship to the State Public Officials Act) #
(1) Articles 73-4 and 76 (2) through (5) of the State Public Officials Act shall not apply to police officials, and the main clause of Article 68 of the State Public Officials Act shall not apply to the Commissioner General and Chief Superintendent Generals.
(2) For purposes of applying the State Public Officials Act to police officials, the following shall apply:
1. "Class" in Articles 32-5 and 43 of the State Public Officials Act shall be construed as "rank";
2. The "Minister of Personnel Management" in Articles 42 (2) and 85 (1) and (2) of the State Public Officials Act shall be construed as the "Commissioner General of the Korean National Police Agency" or the "Commissioner General of the Korea Coast Guard";
3. "This Act" in Articles 67, 68, 78 (1) 1 and (2), and 80 (7) and (8) of the State Public Officials Act shall be construed as "this Act and the State Public Officials Act";
4. The "head of the central personnel agency" in Article 71 (2) 3 of the State Public Officials Act shall be construed as the "Commissioner General of the Korean National Police Agency" or the "Commissioner General of the Korea Coast Guard".
Article 37(Penalty Provisions) #
(1) A police official who violates Article 24 (2) or 25 of this Act or Article 58 (1) of the State Public Officials Act in case of war, an incident, or any similar emergency situation, or while conducting operations, shall be punished by imprisonment with or without labor for at least three years, while a police official who violates Article 24 (1) of this Act or Article 57 of the State Public Officials Act shall be punished by imprisonment with or without labor for up to seven years.
(2) A police official who violates Article 24 or 25 of this Act or Article 57 or 58 (1) of the State Public Officials Act in an emergency caused by a massacre, other than those prescribed in paragraph (1), shall be punished by imprisonment with or without labor for up to seven years.
(3) A police official who joins a political party or organization or engages in political activities in violation of Article 23 shall be punished by imprisonment with labor for up to five years and suspension of qualification for up to five years, and the period of prescription of a prosecution for such violation shall be 10 years, notwithstanding Article 249 (1) of the Criminal Procedure Act.
(4) A police official who violates Article 44 or 45 of the State Public Officials Act shall be punished by imprisonment with labor for up to one year or by a fine not exceeding one million won, and a police official who violates Article 66 of that Act shall be punished by imprisonment with labor for up to two years or by a fine not exceeding two million won.