Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on the Performance of Duties by Police Officers and matters necessary for the enforcement thereof. <Amended on Sep. 19, 2024>
Article 2(Provisional c ustody) #
When a police officer (limited to police officials; hereinafter the same shall apply) provisionally keeps weapons or deadly weapons, etc., in custody pursuant to Article 4 (3) of the Act, the chief of the competent police agency, patrol division, substation, or branch station (including a regional coast guard agency; hereinafter referred to as "police agency") shall deliver a certificate of provisional custody in attached Form 1 to a person who possessed the weapons.
[This Article Wholly Amended on Sep. 19, 2024]
Article 3(Notification to t ake o ver r escues) #
Notification to the heads of public health medical facilities and public relief agencies or their supervisory administrations, by the chief of a police station or coast guard station pursuant to the provisions of Article 4 (6) of the Act to take over the respective health and relief facilities thereof, shall be allowed in accordance with the attached Form 2. <Amended on Aug. 8, 1996; Nov. 19, 2014; Jul. 26, 2017>
[This Article Wholly Amended on Mar, 7, 1989]
Article 4(Prohibition and r estriction of a ccess to fields of c ounter- espionage o perations) #
When the chief of a police agency restricts or prohibits access to or passage in the counter- espionage operations area pursuant to Article 5 (2) of the Act, except where unavoidable for national security purposes, he shall, without delay, inform the public about the duration, places and other necessary matters, through appropriate means such as broadcast, wall posters, warning boards, dispersion of bills and so on. The same shall also apply when he or she lifts the restrictions. <Amended on Jun. 29, 2006; Sep. 19, 2024>
[Title Amended on Sep. 19, 2024]
Article 5(Identification v erifying s tatus) #
A police officer's identification card shall be used as identification verifying his or her status referred to in Articles 3 (4) and 7 (4) of the Act. <Amended on Mar. 7, 1989; Jun. 29, 2006; Dec. 31, 2020; Sep. 19, 2024>
Article 6(Written demand for a ttendance) #
A written demand for attendance as provided in Article 8 (2) of the Act shall be followed in accordance with the attached Form 3.
Article 7(Report) #
When a police officer takes the following measures, he or she shall report them to the chief of the police agency to which he or she belongs: <Amended on Jun. 29, 2006; Dec. 31, 2020; Sep. 19, 2024>
1. When asking a person to accompany him pursuant to the provisions of Article 3 (2) of the Act;
2. When asking for an emergency rescue or takes emergency protective steps pursuant to the provisions of Article 4 (1) of the Act;
3. When keeping a provisional custody pursuant to the provisions of Article 4 (3) of the Act;
4. When preventing a crime pursuant to the provisions of Article 6 (1) of the Act;
5. Deleted; <Mar. 7, 1989>
6. When accessing or searching a place where many people are entering and exiting pursuant to the provisions of Article 7 (2) and (3) of the Act;
7. When substantiating the facts of a matter pursuant to the provisions of the proviso of Article 8 (1) of the Act;
8. Deleted; <Nov. 27, 1999>
9. Deleted. <Nov. 27, 1999>
Article 8 #
Deleted. <Dec. 3, 2024>
Article 9(Standards for compensation for l oss and a mount thereof) #
(1) Where articles are destroyed or damaged and then compensation for loss is made pursuant to Article 11-2 (1) of the Act, compensation shall be provided based on the following standards:
1. Where an article that is damaged can be repaired: An amount equivalent to repair charges;
2. Where an article that is damaged cannot be repaired: An amount equivalent to the exchange price as at the time the article is damaged;
3. Where a businessman cannot carry on business due to the repair or replacement of an article that is damaged: An amount equivalent to the business gains that would otherwise have been made while carrying on the business is impracticable.
(2) Any property loss other than loss from the destruction or damage of an article, shall be compensated within the extent of a probable causal relationship with the performance of duties.
(3) The compensation for loss under Article 11-2 (1) of the Act shall be provided according to the standards specified in the Appendix in case of loss of life or bodily injury. <Added on Jun. 25, 2019>
(4) Where a person who is to receive compensation pursuant to Article 11-2 (1) of the Act has received the compensation, etc. pursuant to other statutes or regulations for the same cause, the compensation excluding the amount equivalent thereto shall be paid. <Added on Jun. 25, 2019>
[This Article Added on Feb. 18, 2014]
[Title Amended on Jun. 25, 2019]
Article 10(Procedures and methods for payment of compensation for loss) #
(1) A person who intends to receive compensation for losses arising from the lawful performance of duties by a police officer pursuant to Article 11-2 of the Act (hereinafter referred to as the "claimant") shall submit a claim for compensation in Form 4, together with documents evidencing the details and amount of the loss, to any of the following persons: <Amended on Sep. 19, 2024; April 29, 2025>
1. The Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard;
2. The commissioner of a City/Do police agency, the commander of a regional coast guard, or the chief of a police station having jurisdiction over the location of the incident; provided, where the police officer who has performed the duties is not affiliated with the City/Do police agency, the regional coast guard, or the police station having jurisdiction over the place where the loss compensation claim occurred, the head of the agency, coast guard, or police station to which the police officer belongs shall be included.
(2) Upon receiving a claim for compensation under paragraph (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, or the chief of a police station shall forward the relevant claim to the Commissioner General of the Korean National Police Agency, the Commissioner General of the Korea Coast Guard, or the commissioner of a City/Do police agency, or the commander of a regional coast guard (hereinafter referred to as the "authority to determine compensation for loss") where the committee for deliberation on compensation for loss, which is to deliberate on the claim for compensation for loss under Article 11 (1), is established. <Amended on Nov. 19, 2014; Jul. 26, 2017; Dec. 31, 2020; Sep. 19, 2024; Apr. 29, 2025>
(3) The authority to determine compensation for loss that has received a claim for compensation under paragraph (1) or (2) shall verify the following administrative information through the sharing of information pertaining to oneself under Article 10-2 of the Civil Petitions Treatment Act or the administrative data matching under Article 36 (1) of the Electronic Government Act; provided, where the claimant does not consent to such verification, he or she shall directly attach the relevant documents: <Added on Apr. 29, 2025>
1. A certified copy of the resident registration card;
2. A family relations certificate;
Article 11(Establishment and organization of committee for deliberation on compensation for loss) #
(1) Pursuant to Article 11-2 (3) of the Act, a committee for deliberation on compensation for loss (hereinafter referred to as the "Committee") shall be established in the Korea National Police Agency, the Korea Coast Guard, City/Do police agencies, and regional coast guards to deliberate on the cases involving compensation for loss arising from the performance of duties by affiliated police officers. <Amended on Nov. 19, 2014; Jul. 26, 2017; Dec. 31, 2020; Sep. 19, 2024>
(2) The Committee shall be composed of not less than 7 but not more than 9 members, including 1 chairperson, in consideration of gender; provided, for cases where the claim amount is not more than 1 million, the Committee may be composed of only 3 members falling under paragraph (3) 1. <Amended on Apr. 29, 2025>
(3) Members of the Committee under the main clause of paragraph (2) shall be commissioned or appointed by the authority to determine compensation for loss from among the following persons; in such cases, a majority of the members shall be persons other than police officers: <Amended on Sep. 19, 2024; April 29, 2025>
1. A police officer affiliated with the relevant agency;
2. A person who has served as a judge, public prosecutor, or attorney-at-law for at least 5 years;
3. A person who has served for at least 5 years as an associate professor or above teaching law and public administration at a school under Article 2 of the Higher Education Act;
4. A person with abundant knowledge of and experience in police duties and compensation for loss.
(4) The term of office of the Committee member shall be two years.
(5) The Committee shall have 1 executive secretary to handle its affairs, who shall be designated by the authority to determine compensation for loss from among police officers affiliated with the relevant agency. <Amended on Sep. 19, 2024; April 29, 2025>
[This Article Added on Feb. 18, 2014]
Article 12(Chairperson of the compensation c ommittee) #
(1) The chairperson of the Committee (hereinafter referred to as "chairperson of the Compensation Committee") shall be designated by the authority to determine compensation for loss from among the members referred to in Article 11 (3) 1. <Amended on Apr. 29, 2025>
(2) The chairperson of the Compensation Committee shall represent the Committee and exercise overall control over its affairs. <Amended on Apr. 29, 2025>
(3) If the chairperson of the Compensation Committee is unable to perform his or her duties due to any unavoidable reason, a member designated in advance by the chairperson shall act on his or her behalf. <Amended on Apr. 29, 2025>
[This Article Added on Feb. 18, 2014]
[Title Amended on Apr. 29, 2025]
Article 13(Operation of committee for deliberation on compensation for loss) #
(1) The chairperson of the Compensation Committee shall convene meetings of the Committee and shall be its chairperson. <Amended on Apr. 29, 2025>
(2) The meeting of the Committee shall begin its session with the presence of a majority of members on the register, and pass resolutions with approval from a majority of members present.
(3) Where needs arise for deliberation, the Committee may request relevant public officials or relevant institutions to conduct fact-finding surveys, submit data, etc., and request relevant experts to provide necessary information, state opinions, etc.
[This Article Added on Feb. 18, 2014]
Article 14(Exclusion, c hallenge and recusal of m embers) #
(1) Where a Committee member falls under any of the following, he or she shall be excluded from deliberation and resolution by the Committee:
1. Where a member, his or her current or formal spouse is an applicant for a case to be deliberated;
2. Where a member is a current or former relative of an applicant for a case to be deliberated;
3. Where a member gives testimony, makes a statement, provides advice or service, or makes an appraisal concerning an item of deliberation;
4. Where a member or a juristic person with which a member is affiliated is a current or former agent of an applicant for a case to be deliberated;
5. Where a member is an executive of a juristic person which is an applicant for a case to be deliberated.
(2) Where any circumstance makes it impracticable to expect a member make an unbiased deliberation and resolution, an applicant may file an application for challenge to the Committee, which shall make a determination thereon by a vote. In such cases, a member being the object of an application for challenge shall not participate in the vote.
(3) Where a member falls under a reason for exclusion under paragraph (1), he or she shall personally abstain from the deliberation of relevant item of agenda and decision-making thereon.
[This Article Added on Feb. 18, 2014]
Article 15(Dismissal of members) #
The authority to determine compensation for loss may dismiss a member of the Committee if he or she falls under any of the following cases: <Amended on Sep. 19, 2024; April 29, 2025>
1. Where he or she becomes unable to perform his or her duties for a long time due to mental or physical weakness, etc.;
2. Where he or she is deemed unfit as a member due to negligence in duties, injury to dignity or other reasons;
3. Where he or she fails to abstain from deliberation and resolution despite the fact that he or she falls under any of the subparagraphs of Article 14 (1);
4. Where he or she divulges classified information that he or she has become aware of in the course of performing his or her duties, in violation of Article 16.
[This Article Added on Feb. 18, 2014]
Article 16(Prohibition against divulging c lassified i nformation) #
No person who participates in a meeting of the Committee shall divulge classified information he or she has become aware of in the course of performing his or her duties.
[This Article Added on Feb. 18, 2014]
Article 17(Matters n ecessary for o peration of the Committee) #
Matters necessary for the operation, etc. of the Committee other than the matters prescribed in Articles 11 through 16 shall be determined by the Commissioner General of the Korea National Police Agency or the Commissioner General of the Korea Coast Guard. <Amended on Nov. 19, 2014; Jul. 26, 2017>
[This Article Added on Feb. 18, 2014]
Article 17-2(Procedures for recovering compensation) #
(1) Where the authority to determine compensation for loss intends to recover compensation pursuant to Article 11-2 (4) of the Act, he or she shall determine whether to recover the compensation and the amount thereof following deliberation and resolution by the Committee, and shall notify, in writing, a person who has received the compensation by fraud or other improper means of the following matters: <Amended on Dec. 31, 2020; Sep. 19, 2024; Apr. 29, 2025>
1. The grounds for recovering the compensation;
2. The amount of the compensation to be recovered;
3. The period for returning the compensation;
4. An agency to which he or she should return the compensation.
(2) "Deadline prescribed by Presidential Decree" in Article 11-2 (6) of the Act means the deadline determined by the authority to determine compensation for loss, within a period not exceeding 40 days from the date of notification under paragraph (1). <Amended on Dec. 31, 2020; Sep. 19, 2024; Apr. 29, 2025>
(3) Except as provided in paragraphs (1) and (2), matters necessary for the procedures for recovering monetary compensation shall be determined by the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard. <Amended on Sep. 19, 2024>
[This Article Added on Jun. 25, 2019]
Article 17-3(Reporting to the Korean National Police Commission) #
(1) Pursuant to Article 11-2 (5) of the Act, the Committee shall report the examination data related to the payment of monetary compensation and the results thereof to the Korean National Police Commission or the Korea Coast Guard Commission semiannually. <Amended on Dec. 31, 2020; Sep. 19, 2024>
(2) The Korea National Police Commission or the Korea Coast Guard Commission may, if deemed necessary, request the Committee to occasionally file a report on the examination data related to the payment of monetary compensation and the results of such examination. In such cases, the Committee shall comply with such request. <Amended on Dec. 29, 2020; Sep. 19, 2024>
[This Article Added on Jun. 25, 2019]
[Title Amended on Sep. 19, 2024]
Article 18(Persons e ligible to receive c ompensation to p ersons w ho h ave rendered distinguished s ervi ce in a rrest of o ffenders) #
"Any other persons prescribed by Presidential Decree" under Article 11-3 (1) 4 of the Act shall mean any of the following persons:
1. A person who provides information that can identify the offender;
2. A person who submits evidence of criminal facts;
3. Among persons who have cooperated with police investigation in connection with the arrest of an offender, any other person who is deemed by the compensation review committee under Article 11-3 (2) of the Act to be eligible for compensation.
[This Article Added on Jun. 21, 2016]
[Title Amended on Jun. 25, 2019]
Article 19(Composition of, and matters to be d eliberated by, c ompensation r eview Committee) #
(1) The chairperson of the compensation review committee established in the Korean National Police Agency, the Korea Coast Guard, a City/Do police agency, a regional coast guard, a police station, or a coast guard station pursuant to Article 11-3 (2) of the Act shall be appointed by 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 (hereinafter referred to as the "Commissioner General of the Korean National Police Agency, etc.") from among police officers at the director level or higher belonging to the relevant agency. <Amended on Sep. 19, 2024>
(2) Deleted. <Sep. 19, 2024>
(3) The compensation review committee prescribed in Article 11-3 (2) of the Act (hereinafter referred to as "compensation review committee") shall review and resolve on the following:
1. Whether a person is eligible for compensation;
2. The amount of compensation;
3. Whether to recoup the compensation;
4. Other matters necessary for payment or recovery of the compensation.
(4) The meeting of the compensation review committee shall resolve with the concurrent vote of a majority of all the members of the committee.
[This Article Added on Jun. 21, 2016]
Article 20(Standards for p ayment of compensation to p ersons w ho h ave r endered d istinguished s ervice in a rrest of o ffenders) #
The maximum amount of compensation under Article 11-3 (1) of the Act shall be 500 million won, and the detailed criteria for compensation payment shall be determined and publicly notified by the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korean National Police Agency. <Amended on Sep. 19, 2024>
[This Article Added on Jun. 21, 2016]
[Title Amended on Jun. 25, 2019]
Article 21(Procedures for payment of c ompensation to p ersons w ho h ave r endered d istinguished s ervice in a rrest of o ffenders) #
(1) The Commissioner General of the Korean National Police Agency, etc. shall pay compensation ex officio or upon receipt of an application from a person who intends to receive compensation, following deliberation and resolution by the compensation review committee he or she is affiliated with, if any ground for the payment thereof arises. <Amended on Dec. 31, 2020; Sep. 19, 2024>
(2) The compensation review committee shall review and resolve on the amount of compensation in conformity with the compensation payment criteria determined and publicly notified by the Commissioner General of the National Police Agency or the Commissioner General of the Korea Coast Guard under Article 20. In such cases, the compensation review committee may determine the amount of compensation by taking into account the following: <Amended on Sep. 19, 2024>
1. The level of contribution to preventing terror crime;
2. The size of criminal injury;
3. The difficulty of the activity eligible for compensation, such as report on an offender;
4. Whether the person eligible for compensation is entitled to receive such compensation under any other statutes or regulations;
5. Circumstances surrounding the arrest of the offender.
(3) The Commissioner General of the National Police Agency, etc. may request the person eligible for compensation and relevant public officials or institutions to conduct a fact-finding survey or to submit data, etc. <Amended on Dec. 31, 2020; Sep. 19, 2024>
[This Article Added on Jun. 21, 2016]
[Title Amended on Jun. 25, 2019]
Article 21-2(Procedures for recovering compensation paid to p ersons w ho h ave r endered d istinguished service in a rrest of o ffenders) #
(1) Where the Commissioner General of the Korean National Police Agency, etc. intends to recover monetary compensation pursuant to Article 11-3 (5) of the Act, he or she shall determine whether to recover such compensation and the amount thereof following deliberation and resolution by the Committee, and shall notify, in writing, a person who has received the compensation by fraud or other improper means, of the following: <Amended on Dec. 31, 2020; Sep. 19, 2024>
1. The grounds for recovering the compensation;
2. The amount of the compensation to be recovered;
3. The period for returning the compensation;
4. An agency to which he or she should return the compensation.
(2) "Deadline prescribed by Presidential Decree" in Article 11-3 (6) of the Act means the deadline prescribed by the Commissioner General of the Korean National Police Agency, etc., not exceeding 40 days from the date of notification under paragraph (1). <Amended on Dec. 31, 2020; Sep. 19, 2024>
[This Article Added on Jun. 25, 2019]
Article 22(Matters n ecessary for payment of compensation to persons w ho have r endered distinguished service in a rrest of o ffenders) #
Other matters necessary for payment, etc. of compensation, other than those prescribed in Articles 18 through 21 and 21-2, shall be determined and publicly notified by the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard. <Amended on Jun. 25, 2019; Sep. 19, 2024>
[This Article Added on Jun. 21, 2016]
[Title Amended on Jun. 25, 2019]