CHAPTER I GENERAL PROVISIONS
Article 1(Purpose) #
The purpose of this Decree is to prescribe the organization of the Ministry of Justice and institutions under its jurisdiction, the scope of duties thereof, and other necessary matters.
Article 2(Institutions under its jurisdiction) #
(1) The Institute of Justice, the National Forensic Psychiatric Hospital, and North Korean Human Rights Documentation Office shall be placed under the jurisdiction of the Minster of Justice to assist in the performance of the Minister's duties. <Amended on Oct. 11, 2016; Jun. 27, 2022>
(2) Regional Correction Headquarters, juvenile detention centers, juvenile classification assessment centers, Probation Review Committees, probation offices, Electronic Monitoring Centers, Immigration Offices, local Immigration Offices, Immigration Detention Centers, and an Immigration Reception Center shall be placed under the jurisdiction of the Minister of Justice; and correctional institutions and detention centers shall be placed under the jurisdiction of the Commissioners of regional Correction Headquarters, to assist in the performance of the Minister's duties. <Amended on Aug. 12, 2005; Dec. 31, 2008; Sep. 17, 2013; May 8, 2018>
(3) The Immigration Detention Review Committee shall be established in the Ministry of Justice in accordance with Article 66-4 of the Immigration Act to conduct affairs regarding the examination of objections to the detention and re-detention of foreigners, approval for the extension of the period of detention, etc. <Added on May 20, 2025>
CHAPTER II MINISTRY OF JUSTICE
Article 3(Duties) #
The Ministry of Justice shall have charge of affairs regarding prosecution; management and enforcement of protective orders and security surveillance order; criminal administration; protection and probation of juveniles; rehabilitation; news reports of national security offenders; pardon; advocacy of human rights; preservation and management of records on human rights of North Korean; notarization; litigation; renunciation and reinstatement of nationality; naturalization; the Korean Bar Examination and Appointment Examination of Military Advocates; research and improvement of system for training legal professionals; investigation of data relating to legal affairs; advice on statutes and regulations for the President, the Prime Minister, and administrative ministries; interpretation of statutes and regulations governing civil, commercial and criminal matters (including penalty provisions of statutes and regulations), administrative litigations, and national compensation; immigration policy affairs, and other general legal administration affairs. <Amended on Apr. 23, 2001; May 4, 2007; Oct. 11, 2016; Jan. 5, 2021>
Article 4(Subordinate organization) #
(1) The Ministry of Justice shall consist of the General Service Division, Legal Affairs Office, Criminal Affairs Bureau, Crime Prevention Policy Bureau, Human Rights Bureau, International Legal Affairs Department, Korea Correctional Service, and Korea Immigration Service. <Amended on Aug. 8, 2023>
(2) 1 Spokesperson, 1 Inspector General, and 2 Policy Advisors to the Minister shall be placed under the jurisdiction of the Minister; and 1 Deputy Minister of the Office of Planning and Coordination shall be placed under the jurisdiction of the Vice Minister. <Amended on Jun. 7, 2022; Jun. 10, 2025>
[This Article Wholly Amended on Mar. 23, 2013]
Article 4-2(Spokesperson) #
(1) The Spokesperson shall be appointed from among public officers in general service of the Senior Executive Service or prosecutors. <Amended on Dec. 11, 2013>
(2) The Spokesperson shall assist the Minister in the following matters: <Amended on Aug. 2, 2011; Dec. 10, 2011>
1. Formulation and coordination of plans for public relations with the people regarding major policies, and consultation thereon and provision of support therefor;
2. Public presentation of internal affairs, such as briefings and press materials;
3. Overall management, examination, and evaluation of social media communications policy, such as the designation and operation of on-line representatives;
4. Other Matters regarding the management of various situations and publicity related to policies of the Ministry of Justice.
[This Article Added on Feb. 29, 2008]
[Previous Article 4-2 Moved to Article 4-3 <Feb. 29, 2008>]
Article 4-3(Inspector-General) #
(1) The Inspector-General shall be appointed from among prosecutors or public officers in general service of the Senior Executive Service. <Amended on Oct. 20, 2017>
(2) The Inspector-General shall assist the Minister in the following: <Amended on Aug. 2, 2010>
1. Audits and inspections;
2. Investigation and handling of petitions and wrongdoings (in cases of public officials of prosecutors' offices, this shall not apply to those conducted for the purpose of involving in the investigation, prosecution, or trial of a specific case);
3. Audits and inspections of the Ministry of Justice and prosecutors' offices (in cases of prosecutors' offices, this shall not apply to those conducted for the purpose of involving in the investigation, prosecution, or trial of a specific case);
4. Audits and inspections of institutions and organizations under the jurisdiction of the Ministry of Justice;
5. Handling of the results of other agencies' audits and inspections of the Ministry of Justice, and institutions and organizations under its jurisdiction;
6. Examination and processing of matters requested by the public service ethics committee;
7. Matters regarding restrictions on employment of retired public officials;
8. Matters regarding reporting on military service records and registration of property (this shall not apply to public officials of prosecutors' offices);
9. Assistance to the operation of the Inspection Committee of the Ministry of Justice;
10. Handling of matters instructed by the Minister, relating to audits and inspections.
(3) Deleted. <May 4, 2007>
(4) Deleted. <May 4, 2007>
[This Article Added on Dec. 31, 2004]
[Moved from Article 4-2; previous Article 4-3 moved to Article 4-4 <Feb. 29, 2008>]
Article 4-4 #
Deleted. <Jun. 10, 2025>
Article 4-5(Policy Advisor to the Minister) #
(1) 1 of the Policy Advisors to the Minster shall be appointed from among public officials in extraordinary civil service of the Senior Executive Service; the other shall be appointed from among public officials whose grade is equivalent to Grade III or IV in extraordinary civil service; provided, where compelling reason exists, such appointment may be substituted for an appointment of a public official in general service of the Senior Executive Service and a public official of Grade IV or above in general service or a prosecutor. <Amended on Dec. 11, 2013>
(2) The Policy Advisors to the Minister shall assist the Minister in the following: <Amended on Oct. 10, 2011>
1. Research and review of matters instructed by the Minister;
2. Facilitation of the participation of experts, interested persons, ordinary people, etc. related to policy tasks and collection of their opinions;
3. Cooperation with agencies providing policy assistance to relevant Ministries;
4. Planning and operation of social media messages from the Minister.
[This Article Added on Jun. 30, 2006]
[Moved from Article 4-4 <Jun. 7, 2022>]
Article 5(Deputy Minister for Planning and Coordination) #
(1) under the jurisdiction of the Deputy Minister of Planning and Coordination, 2 staff agencies shall be placed to assist the Deputy Ministers and Directors General of offices and bureaus (hereinafter referred to as "Policy Directors General, etc."), from among staff agencies under Article 12 of the Common Rules of the Organization and the Prescribed Number of Personnel of Administrative Agencies. <Amended on Aug. 5, 2020>
(2) The Deputy Minister for Planning and Coordination shall be appointed from among prosecutors or public officials in general service of the Senior Executive Service; 1 of the policy directors general, from among public officials in general service of the Senior Executive Service; and the other, from among public officials in a fixed term position of the Senior Executive Service, respectively. <Amended on Dec. 11, 2013; Aug. 1, 2017; Aug. 5, 2020>
(3) The Deputy Minister for Planning and Coordination shall assist the Vice Minister with regard to the following matters: <Amended on Sep. 17, 2013; Oct. 31, 2017; Jun. 26, 2018; May 7, 2019; Dec. 14, 2021>
1. Overall control of, and support for, administrative improvement in the Ministry, such as discovery of tasks for system improvement;
2. Appointment of public officials, provision of education and training, and other personnel affairs;
3. Overall control, coordination, and management of the organization and the prescribed number of personnel through organizational diagnosis and evaluation;
4. Formulation and execution of basic plans for management of changes;
5. Operation of its own suggestion system and improvement of systems related to civil petitions (including citizen suggestions);
6. Overall control and coordination of performance management and evaluation of governmental affairs;
7. Integration and coordination of statistics services in the Ministry;
7-2. Search for and selection of tasks related to government innovation in the Ministry; and checking, examination, and management of the status of progress of such tasks;
8. Formulation, consolidation, and coordination of various policies and plans;
9. Compilation of the budget and coordination in the execution thereof, and the settlement of accounts;
10. Regulatory reform and improvement in the Ministry;
11. Formulation of a basic plan for the establishment of legal facilities and the formulation and implementation of plans for designing, construction and repair thereof;
12. Formulation and implementation of policies on legal informatization and overall control and coordination of informatization affairs;
12-2. Provision of public data and promotion of the use thereof in the Ministry;
12-3. Promotion of data-based administration in the Ministry;
13. Protection of information and operation and management of informatization resources;
13-2. Overall management of policies regarding gender equality and matters regarding the prevention of sexual harassment and sexual violence in the field of legal administration;
13-3. Overall management of policies relating to gender equality and matters regarding the prevention of sexual harassment and sexual violence within the Ministry of Justice, and institutions and organizations under its jurisdiction;
14. Formulation and implementation of policies on a common criminal justice information system, the operation and management of such system, and the protection of information;
15. Support for and coordination of affairs related to the criminal justice information system in the Ministry;
16. Formulation of various plans and exercise of control over training in preparation for national emergency;
17. Operation and management of workplace reserve forces and civil defense corps;
18. Safety management and the establishment and operation of a cooperative system with disaster and emergency management agencies.
(4) Deleted. <Aug. 5, 2020>
(5) Deleted. <Aug. 5, 2020>
[This Article Added on Mar. 23, 2013]
Article 6 #
Deleted. <May 4, 2007>
Article 7(General Service Division) #
(1) The Director of the General Service Division shall be appointed from among public officers of Grade III or IV. <Amended on Apr. 15, 2005; Feb. 29, 2008>
(2) The Director of the General Service Division shall be in charge of the following matters: <Amended on Aug. 2, 2010; Jan. 5, 2021>
1. Formulation of plans for security and office building management;
2. Management of the official seal and the official seal register;
3. Arrangement, classification, receipt, sending, preservation, transfer, destruction, and use of records; and the operation and management of record repositories and records management systems;
4. Affairs regarding the service, pension, salary, and benefits and welfare of public officials of the Ministry;
5. Management of State property and commodities, and contracts for commodities, services, construction, etc.;
6. Affairs regarding management of funds, accounting, and non-tax revenue;
7. Operation and management of information disclosure systems;
8. Other matters of which other divisions of the Ministry are not in charge.
[Title Amended on Feb. 2, 2008]
Article 8 #
Deleted. <Mar. 23, 2013>
Article 9(Legal Affairs Office) #
(1) The Legal Affairs Office is headed by a Deputy Minister, and 2 Policy Directors General, etc. shall be placed under the jurisdiction of the Deputy Minister. <Amended on Aug. 5, 2020>
(2) 2 persons, including the Deputy Minister and policy director, shall be appointed from among prosecutors or public officers in general service of the Senior Executive Service. <Amended on Mar. 26, 2024>
(3) The Deputy Minister shall take charge of the following: <Amended on Aug. 2, 2010; Oct. 10, 2011; Dec. 30, 2015; Aug. 5, 2020; Aug. 8, 2023>
1. Preparation and review of draft legislation;
2. Advice on statutes and regulations to the President, the Prime Minister, and central administrative agencies; and interpretation of statutes and regulations relating to civil, commercial and criminal affairs (including penalty provisions of other statutes and regulations), administrative litigation, and compensation by the State, and those under the jurisdiction of the Ministry of Justice;
3. Investigation, collection, research, and publication of information and data on legal matters (statutes, academic ideologies, and judicial precedents) and the management of such publications;
4. Research on and improvement of legal affairs system and operation;
5. Research on civil and commercial statutes and regulations and operation of the Legal Advisory Committee;
6. Matters regarding attorneys-at-law and associations of attorneys-at-law;
7. Matters regarding notarial services and notaries public;
8. Matters regarding organizations under the jurisdiction of the Ministry of Justice (excluding organizations whose objectives and business is relevant to the jurisdiction of other offices or bureaus);
9. Deleted; <Aug. 8, 2023>
9-2. Deleted; <Aug. 8, 2023>
9-3. Deleted; <Aug. 8, 3033>
10. Deleted; <Aug. 8, 2023>
11. Deleted; <Aug. 8, 2023>
12. Deleted; <Aug. 8, 2023>
13. Deleted; <Aug. 8, 2023>
14. Formulation and implementation of a comprehensive plan for litigation affairs of government;
15. Matters regarding the direction and supervision of duties to perform litigation to which the State is a party and to conduct a trial on a case to which the State is a third party obligor or a non-contentious case;
15-2. Matters regarding the approval of legal action under Article 3 of the Enforcement Decree of the Act on Litigation to which the State is a Party;
15-3. Matters regarding the performance, direction, and supervision of administrative litigations (including patent litigations);
15-4. Matters regarding direction and supervision to the litigation-superintendent;
15-5. Matters regarding litigation for recovering losses to the National Treasury;
16. Handling of administrative appeals under the jurisdiction of the Ministry of Justice;
17. Direction and supervision of the Central Compensation Council, Special Compensation Council, and their district compensation councils;
18. Matters regarding compensation, etc. under the Status of Forces Agreement (SOFA);
19. Guidance and supervision by the Korean Government Legal Service;
20. Participation in constitutional adjudication, legal advice related to constitutional adjudication, and research on relevant systems; and investigation, collection and publication of relevant data;
21. Matters regarding public-service advocates;
22. Formulation and promotion of plans for legal affairs relating to inter-Korean unification, preparation and review of draft legislation covering legal affairs relating to inter-Korean issues and unification, and interpretation of statutes and regulations governing legal affair relating to inter-Korean exchanges and cooperation;
22-2. Investigation and collection of data related to the actual status of North Korea's crimes against the rule of law, research and publication thereof;
23. Integration and coordination of preparation plans for the adjustment of legal disputes due to the development of inter-Korean exchanges and cooperation;
24. Investigation and collection of data related to the legislative system of North Korea and foreign legislative system regarding unification, and research and publication thereof;
25. Research on electronic bills, electronic bills of lading, or the like and supervision of management entities and registration entities thereof;
26. Administration and institutional improvement of the Korean Bar Examination, Appointment Examination of Military Advocates, and National Bar Examination;
27. Operation of the Korean Bar Examination Commission and the National Bar Examination Commission;
28. Research and study on the selection and nurturing of legal professionals;
29. Matters regarding the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents.
30. Guidance to and Supervision of the North Korea Human Rights Documentation Office.
(4) Deleted. <Aug. 5, 2020>
Article 10(Criminal Affairs Bureau) #
(1) The Director General shall be appointed from among prosecutors. <Amended on Jan. 29, 2004>
(2) The Director General shall be in charge of the following matters: <Amended on Aug. 2, 2018; Jun. 26, 2018; Aug. 13, 2019>
1. Formulation and implementation of comprehensive plans for prosecutorial administration;
2. Drafting of statutes and regulations related to prosecutorial administration (personnel affairs, organizations, etc.), public security, and criminal statutes and regulations; and of statutes and regulations and treaties related to international criminal justice;
3. Placement of prosecutors, education and training, and supervision of service of prosecutors;
4. Organization and the prescribed numbers of prosecutors' offices, and compilation and allocation of the budget for prosecution;
5. Prosecutors' Office buildings and equipment;
6. Matters regarding improvement of the operation of the prosecution system;
7. Matters regarding prosecution duties related to criminal cases (including cases related to public security, elections, labor, collective action, etc.; hereafter the same shall apply in this paragraph) and crime prevention;
8. Matters regarding reporting on prosecution work and crime information in criminal cases;
9. Criminal case investigation, the maintenance of prosecution, and the direction and supervision of the disposal of seized articles;
10. Matters regarding pardon, commutation of sentence, restoration of rights, and the like;
11. Direction and supervision of affairs regarding the payment of criminal compensation, and deliberation and determination on the payment of narcotics compensation;
12. Analysis and handling of cases, such as innocence, acquittal, dismissal of prosecution, etc. in a criminal case;
12-2. Matters regarding the management of volunteers for the prevention of crimes in the field of youth guidance;
13. Matters regarding the formulation of comprehensive plans for public security;
14. Direction and supervision of news reports on national security offenders;
15. Operation of the Deliberative Committee on Persons of Services of National Security, payment of rewards and gratuities, and compensation to persons of distinguished services of national security;
16. Matters regarding the security surveillance disposition system, such as the operation of the Security Surveillance Disposition Review Board;
17. Matters regarding the criminal jurisdiction under Article 22 of the Status of Forces Agreement (SOFA);
18. Matters regarding extradition of criminals and transfer of international sentenced persons;
19. Matters regarding international judicial cooperation and criminal information on international criminal cases;
20. Matters regarding international infringements of intellectual property rights and the command of the investigation of crimes committed by foreigners;
21. Holding international conferences on criminal matters; and participating in such international conferences.
Article 11(Crime Prevention Policy Bureau) #
(1) The Director General shall be appointed from among prosecutors or public officers in general service of the Senior Executive Service. <Amended on Jan. 29, 2004; Aug. 1, 2017>
(2) The Director General shall be in charge of the following matters: <Amended on Aug. 2, 2010; May 4, 2011; Oct. 10, 2011; Aug. 27, 2014; Jun. 26, 2018; Dec. 29, 2020; Jun. 27, 2022>
1. Formulation and implementation of comprehensive plans for protective administration, probation administration, and juvenile protection administration (hereafter referred to as "protective administration" in this paragraph); law-related education; and the establishment of law and order against antisocial behaviors;
2. Drafting statutes and regulations related to protection administration and law-related education and research of systems related thereto;
3. Placement, education, and training of public officials in charge of protective administration and supervision of their service;
4. Institutional evaluation of, and guidance to, and supervision over the National Forensic Psychiatric Hospital, juvenile detention centers, juvenile classification assessment centers, Probation Review Committees, probation offices, Electronic Monitoring Centers, etc. (hereafter in this paragraph referred to as "protection agency");
5. Management of volunteers for crime prevention, juvenile protection members, etc. in the field of probation and rehabilitation;
6. Matters regarding activity support and operational guidance for private organizations, etc. related to crime prevention, guidance and rehabilitation of juvenile delinquents, and law-related education;
7. Preparation of data regarding the organizational structure of protection agencies, management of the fixed number of personnel thereof, and data regarding the compilation and allocation of the budget;
8. Matters regarding facilities and equipment of protection agencies;
9. Other matters regarding the operation and management of the probation review committees and the Forensic Psychiatry Deliberative Committee;
10. Deleted; <Jun. 26, 2018>
11. Ascertainment of behaviors of inmates in protective custody and those in medical treatment and custody, their attitudes toward life, degree of medical treatment, and other capabilities to adapt to society;
12. Analysis of causes and actual conditions related to youth delinquency, research and development of policies, and formulation and implementation of comprehensive measures;
13. Matters regarding the clothing and meals for protected juveniles, entrusted juveniles (hereafter referred to as "protected juveniles, etc." in this paragraph), and public officials of juvenile reformatories and juvenile classification assessment centers;
14. Matters regarding treatment, such as education, accommodation, and medical treatment, of protected juveniles, etc.;
15. Matters regarding the diagnosis and prevention of youth delinquency, such as classification review and counseling survey for protected juveniles, etc.;
16. Matters regarding the sound development of youth, including special education for students or other youths maladjusted at ordinary schools, etc. and the operation of the youth aptitude test rooms;
17. Matters regarding the execution of probation, such as probation, program attendance order, and community service order;
18. Matters regarding investigation conducted before ruling, investigations conducted before determination, background Investigations, and environment improvement programs;
19. Operation and management of location tracking control systems;
20. Management of the Korea Rehabilitation Agency and permission and management of rehabilitation projects;
21. Research on law-related education courses and educational content and development and dissemination of teaching materials and programs;
22. Support for training and education for professionals of the outdoor advertising industry;
23. Formulation and implementation of mid- to long-term plans for the establishment of law and order against antisocial behaviors and detailed action plans;
24. Matters regarding the registration and management of personal information of sexual offenders under the Act on Special Cases concerning the Punishment of Sexual Crimes and children or youth under the Act on the Protection of Children and Youth against Sexual Offenses;
25. Matters regarding pharmacologic treatment of sex offenders under the Act on Pharmacologic Treatment of Sex Offenders' Sexual Impulses;
26. Matters regarding the execution of an order to attach an electronic device under the Act on Electronic Monitoring.
[Title Amended on Feb. 2, 2008]
Article 11-2(Human Rights Bureau) #
(1) The Director-General shall be appointed from among prosecutors or public officials in general service of the Senior Executive Service. <Amended on Jun. 30, 2006; Dec. 31, 2008>
(2) The Director-General shall take charge of the following matters: <Amended on Aug. 2, 2010; Oct. 11, 2016; May 7, 2019; Jun. 25, 2024>
1. Formulation, overall control, and coordination of national human rights policies;
2. Matters regarding cooperation among central administrative agencies regarding the human rights advocacy and human rights advocacy organizations;
3. Matters regarding surveys, research, events, and public relations on statutes, regulations, and international treaties related to human rights;
4. Matters regarding cooperation, etc. with the National Human Rights Commission;
5. Preparation of state party reports and written replies under the international covenants on human rights;
6. Matters regarding orders for correction issued under Article 43 of the Act on the Prohibition of Discrimination against Persons with Disabilities and Remedy against Infringement of Their Rights;
7. Drafting of the Habeas Corpus Act and survey and research on systems thereof;
8. Guidance of law-abiding spirit;
8-2. Deleted; <Aug. 8, 2023>
9. Matters regarding protection and support for crime victims;
10. Registration, guidance, and supervision of crime victim support corporations and legal aid corporations;
11. Matters regarding the enhancement of legal aid services;
12. Matters regarding the prevention of human rights violations and institutional improvement of systems in legal administration, such as investigation, correction, protection, and immigration policy, and its own investigation of human rights violations, and education on human rights;
13. Formulation, overall control, coordination, and implementation of policies related to human rights of women and children, and improvement of relevant legislation;
14. Matters regarding cooperation with other central administrative agencies to promote implementation policies related to human rights of women and children;
15. Matters regarding establishment and operation of integrated support system for crime victims.
[This Article Added on May 3, 2006]
Article 11-3(International Legal Affairs Department) #
(1) The Director-General shall be appointed from among prosecutors or public officials in general service of the Senior Executive Service.
(2) The Director-General shall take charge of the following affairs:
1. Matters regarding participation in negotiations and commercial negotiations for concluding international agreements, such as treaties, provision of relevant legal advice, and domestic execution of such agreements;
2. Matters regarding response to the opening of the legal services market and the strengthening of its international competitiveness;
3. Matters regarding prevention of and response to Investor-State Dispute Settlement (ISDS) cases;
4. Convening and participating in international conferences regarding legal matters (excluding criminal matters) such as conferences on drafting international legal norms;
5. Matters regarding duties of Legal Attaches; the investigation, collection, research, and publication of relevant information and data overseas; and international cooperation and exchanges;
6. Matters regarding international judicial cooperation (excluding matters regarding international mutual legal assistance in criminal matters);
7. Matters regarding prize courts;
8. Legal support for the review of international civil and commercial disputes (excluding trade disputes) and related legal affairs involving the President, the Prime Minister, and central administrative agencies;
9. Matters regarding international development cooperation within the Ministry.
[This Article Added on Aug. 8, 2023]
Article 12(Korea Correctional Service) #
(1) The Korea Correctional Service shall be headed by a Commissioner General, and 2 Vice Commissioners General, etc. shall be placed under the jurisdiction of the Commissioner General. <Amended on Nov. 30, 2007; Feb. 29, 2008; May 25, 2009; Aug. 5, 2020>
(2) The Commissioner General shall be appointed from among prosecutors or public officials in general service of the Senior Executive Service, and 2 Vice Commissioners General, etc., from among public officials in general service of the Senior Executive Service, respectively. <Amended on Jun. 30, 2006; Nov. 30, 2007; Feb. 29, 2008; Aug. 5, 2020>
(3) The Commissioner General shall take charge of the following: <Amended on Aug. 2, 2010; Oct. 18, 2010; Sep. 5, 2016; Aug. 13, 2019; Oct. 7, 2020; Jan. 5, 2021; Dec. 26, 2023>
1. Formulation and implementation of comprehensive plans for correctional administration;
2. Placement, education and training, and supervision of service of public officials in correctional administration;
3. Matters regarding the management of organization and the prescribed number of personnel of regional corrections headquarters, correctional institutions, detention centers and branches;
4. Matters regarding circuit inspections of correctional institutions, detention centers, and branches (hereafter referred to as "correctional facilities" in this paragraph);
5. Matters regarding research on foreign systems related to correctional administration and publicity of correctional administration;
5-2. Matters regarding the drafting and transmission of statutes and regulations related to correctional administration;
5-3. Matters regarding the service (including the service alternative to reserve forces) and education of alternative service personnel;
6. Formulation and implementation of basic plans for prison labor and labor in protective custody;
7. Compilation and execution of the budget for special accounts for prison labor and the management of State property under his or her jurisdiction;
8. Guidance and supervision of the payment of work incentives, consolation money, and condolence money to sentenced inmates (including persons in protective custody; the same shall apply in this paragraph);
9. Formulation and execution of basic plans and budget for vocational skills development training of sentenced inmates;
10. Formulation and implementation of basic plans for guidance for national technical qualification examinations;
11. Matters regarding operation of a council for support of employment and business start-up for sentenced inmates and job placement and support for persons expected to be released;
12. Formulation and implementation of basic plans for the education and reformation of sentenced inmates;
13. Matters regarding the education and reformation of public security offenders;
14. Matters regarding broadcasting for reformation of inmates (including those subject to protective custody; hereafter in this paragraph the same shall apply);
15. Matters regarding correctional advisors;
16. Formulation and implementation of basic plans for the social treatment and social reintegration of sentenced inmates;
17. Authorization and permission, and management and supervision of legal entities related to social reintegration support projects;
18. Formulation and implementation of basic plans for budgeting correctional administration the compilation and allocation of budget for correctional administration;
19. Formulation and implementation of projects to construct correctional facilities, supply of appurtenant equipment, and management plans;
20. Matters regarding the clothing and food for public officials in correctional administration;
21. Matters regarding money and valuables in custody, clothing, and food for inmates; and the operation of the Meal Service Management Committee for such inmates;
22. Matters regarding confinement management of prisoners, such as transfer, classification review for accommodation, discipline, safe guard, security, etc. of prisoners;
23. Matters regarding guidance and supervision of the informatization of correctional administration and the operation of computer equipment for correctional administration;
24. Matters regarding security of correctional facilities, emergency training, fire-fighting training, and martial art training;
25. Formulation and implementation of basic plans for correctional equipment;
26. Deleted; <Nov. 5, 2013>
27. Formulation and implementation a basic plan for classification and treatment of sentenced inmates;
28. Matters regarding the affairs of parole examination, including the operation and management of the Judging Committee for Parole;
29. Matters regarding petitions by inmates and protection of their human rights;
30. Matters regarding the management and supervision of the operation of private correctional institutions;
31. Formulation and implementation of basic plans for the management of health and sanitation of inmates;
32. Matters regarding medical treatment for, medicine, prevention of diseases, etc. of inmates;
33. Formulation and implementation of plans for the supply and management of medical equipment;
34. Formulation and implementation of plans for general medical examinations of inmates;
35. Formulation and implementation of basic plans for psychotheraphy for inmates;
36. Matters regarding treatment and counseling for inmates on sexual violence, child abuse, and addictions.
(4) Deleted. <Aug. 5, 2020>
(5) Deleted. <Aug. 5, 2020>
[Title Amended on Nov. 30, 2007]
Article 13(Korea Immigration Service) #
(1) The Korea Correctional Service shall be headed by a Commissioner, and 2 Policy Directors General, etc. shall be placed under the jurisdiction of the Commissioner. <Amended on Feb. 29, 2008; May 25, 2009; Aug. 5, 2020>
(2) The Commissioner shall be appointed from among prosecutors or public officials in general service of the Senior Executive Service; and 2 of the Policy Directors General, etc., from among public officials in general service of the Senior Executive Service, respectively. <Amended on Dec. 31, 2008; Aug. 5, 2020>
(3) The Commissioner shall be in charge of the following matters: <Amended on Aug. 2, 2010; May 4, 2011; May 8, 2018; Jan. 5, 2021>
1. Formulation and implementation of comprehensive plans for immigration administration;
2. Assignment, training, and supervision of service of public officials for immigration administration;
3. Matters regarding organization of Immigration Offices, local Immigration Offices, branch offices thereof, and Immigration Detention Centers; the management of the prescribed number of public officials thereof, and budgeting;
4. Matters regarding international cooperation related to immigration policy;
5. Matters regarding the immigration clearance of Koreans and foreigners and that of travelers between South Korea and North Korea;
6. Matters regarding searching ships, etc. for entering or leaving ports and granting landing permission;
7. Matters regarding immigration control and counter-terrorism;
8. Matters regarding participation in and support for the conclusion and amendments of international agreements related to immigration policy, such as free trade agreements;
9. Matters regarding visa policy-making and issuance;
10. Matters regarding foreign resident management policy and resident registration;
11. Matters regarding the status of stay for foreigners who can engage in employment activities;
12. Formulation and implementation of policies on entry, residence, visas, and related matters regarding overseas Koreans under Article 2 of the Act on the Immigration and Legal Status of Overseas Koreans and overall coordination thereof;
13. Matters regarding control, investigation, decision on examination, etc. of offenders of immigration statutes and regulations;
14. Matters regarding collection of foreigner-related information and posters and monitoring of their movements, etc.;
15. Matters regarding detention of foreigners and deportation of such detained foreigners;
16. Overall control of formulation, examination, and evaluation of basic and execution plans for immigration policy;
17. Matters regarding the drafting of statutes and regulations under the jurisdiction of the Korea Immigration Service;
18. Consultation and coordination with central administrative agencies and local governments on immigration policy;
19. Management of the acquisition and loss of nationality, and multiple-nationality holders;
20. Recognition or non-recognition of refugee status and social settlement support for refugees;
21. Overall management of policies to support adaptation of foreign residents in Korea to Korean society, such as education of basic knowledge necessary for living in Korea and provision of information therefor;
22. Matters regarding promotion of understanding of multiculturalism;
23. Matters regarding prevention of discrimination against foreign residents in Korea, the protection of their human rights, and the promotion of their rights and interests;
24. Matters regarding formulation of informatization plans related to immigration policy affairs and the management and improvement of various information systems;
25. Matters regarding identification and analysis of forgery or alteration in various documents, such as passports or visas;
26. Matters regarding various verifications related to immigration administration.
(4) Deleted. <Aug. 5, 2020>
(5) Deleted. <Aug. 5, 2020>
[This Article Wholly Amended on May 4, 2007]
Article 14(Delegation provisions) #
(1) The titles and duties of Policy Director Generals, etc. who are assigned to the Ministry of Justice in accordance with Article 12 of the Common Rules of the Organization and the Prescribed Number of Personnel of Administrative Agencies shall be prescribed by Decree of the Ministry of Justice. <Added on Aug. 5, 2020>
(2) The number of line agencies or staff agencies to be placed in the Ministry of Justice prescribed in Article 12(3) or Article 14(4) of the Common Rules of the Organization and the Prescribed Number of Personnel of Administrative Agencies shall be prescribed by Decree of the Ministry of Justice within the prescribed number of public officials of the Ministry of Justice. <Amended on Dec. 29, 2006; Aug. 5, 2020>
[This Article Wholly Amended on Apr. 15, 2005]
CHAPTER III INSTITUTE OF JUSTICE
Article 15(Duties) #
(1) The Institute of Justice (hereinafter referred to as the "Institute") shall be in charge of education and training to enhance the quality and efficiency of public officials of the Ministry of Justice and of research and studies for the development of administration of the Ministry.
(2) The Institute may provide education for persons other than public officials of the Ministry of Justice if such education is entrusted by a government agency or if deemed necessary by the Minister of Justice.
Article 16(President of the Institute of Justice) #
(1) The Institute of Justice shall be headed by a president, who shall be appointed from prosecutors. <Amended on Jan. 29, 2004>
(2) The President of the Institute of Justice shall, upon the order of the Minister of Justice, exercise overall control over the affairs under his or her jurisdiction and direct and supervise public officials under his or her jurisdiction.
Article 17(Subordinate organization) #
The Institute shall have a department of planning and coordination and a department of correctional training; and the number of line agencies or staff agencies to be placed in the Institute prescribed in Articles 12(3) and 14(4) of the Common Rules of the Organization and the Prescribed Number of Personnel of Administrative Agencies shall be prescribed by Decree of the Ministry of Justice within the prescribed number of public officials of the institutions under the jurisdiction of the Ministry of Justice. <Amended on Dec. 29, 2006>
[This Article Wholly Amended on Apr. 15, 2005]
Article 18(Research fellows) #
(1) Up to 23 research fellows shall be assigned to the Institute to be in charge of research on the fundamental prevention of crimes and countermeasures there against, important policies of the Ministry, including criminal policy and criminal administration, and education and training of public officials of the Ministry and the promotion of international criminal justice cooperation. <Amended on Apr. 1, 1998; Aug. 2, 2010; Feb. 26, 2015; Jan. 5, 2021; Jun. 27, 2022; Jan. 20, 2026>
(2) Nine of the research fellows shall be appointed from among public officials in general service of the Senior Executive Service or prosecutors, eleven of the research fellows shall be appointed from prosecutors, and not more than three of the remaining research fellows shall be commissioned by the Minister of Justice as non-standing research fellows from among persons who are qualified as professors, associate professors, or assistant professors under Article 16 of the Higher Education Act or persons who are qualified as foreign judges, prosecutors, or attorneys-at-law. <Amended on Apr. 1, 1998; Aug. 16, 2002; Jan. 29, 2004; Apr. 15, 2005; Jun. 30, 2006; Aug. 2, 2010; Dec. 11, 2013; Feb. 26, 2015; Jun. 27, 2022; Jan. 20, 2026>
(3) Research fellows commissioned under paragraph (2) may be paid research costs, research allowances, travel expenses, etc. within the budget.
Article 19(Department of Planning and Coordination) #
(1) The Director General shall be appointed from among prosecutors. <Amended on Jan. 29, 2004>
(2) The Director General shall have charge of the following matters: <Amended on Aug. 2, 2010; Feb. 26, 2015>
1. Formulation, implementation, and evaluation of basic plans for the operation of the Institute and education and training by the Institute;
2. Education and training of public officials of the Ministry of Justice (excluding education and training under the jurisdiction of the Department of Correctional Training or Yongin Branch);
3. Affairs related to law-related education for local residents and the like;
4. Deleted; <Feb. 26, 2015>
5. Deleted; <Feb. 26, 2015>
6. Provision of support for research fellows' duties;
7. Deleted. <Feb. 26, 2015>
Article 20 #
Deleted. <Dec. 31, 1998>
Article 21(Department of Correctional Training) #
(1) The Director General shall be appointed from among public officials in general service of the Senior Executive Service. <Amended on Apr. 15, 2005; Jun. 30, 2006>
(2) The Director General shall have charge of the following matters with regard to the training of public officials in correctional service and persons performing correction-related affairs: <Amended on Aug. 2, 2010; Nov. 5, 2013>
1. Formulation and implementation of plans for education and training and management of the school register of the Institute;
2. Evaluation of education and training and analysis of effects thereof;
3. Publication of data related to training;
4. Collection and management of correctional data;
5. Affairs related to the support for military correctional institutions, etc. and training for civilian volunteers;
6. Other matters regarding the management of educational equipment and materials and provision of education and training.
Article 21-2(Yongin Branch of the Institute of Justice) #
(1) The Yongin Branch of the Institute of Justice (hereinafter referred to as the "Yongin Branch") shall be placed under the jurisdiction of the President of the Institute to have charge of the affairs regarding training, etc. provided by the Institute.
(2) The Yongin Branch shall be headed by a Director General and the Director General shall be appointed from among public officials in general service of the Senior Executive Service or prosecutors.
(3) The Director General of the Branch shall, upon the direction of the President of the Institute of Justice, have general control of the affairs of the Branch and direct and supervise public officials under his or her jurisdiction.
(4) The number of line agencies or staff agencies to be placed in the Yongin Branch in accordance with Articles 12(3) and 14(4) of the Common Rules of the Organization and the Prescribed Number of Personnel of Administrative Agencies shall be prescribed by Decree of the Ministry of Justice within the prescribed number of public officials of institutions under the jurisdiction of the Ministry of Justice.
[This Article Added on Feb. 26, 2015]
CHAPTER IV REGIONAL CORRECCTION HEADQUARTERS, CORRECTIONAL I
SECTION 1 Regional Correction Headquarters
Article 22(Duties) #
Each regional correction headquarters shall be in charge of the following affairs to direct and supervise correctional institutions, etc. under its jurisdiction with respect to accommodation management; correction and reformation of inmates, unconvicted inmates, and inmates in protective custody (hereinafter referred to as "inmates"); or other criminal administration: <Amended on Aug. 12, 2005; Aug. 2, 2010; Nov. 5, 2013; Jan. 5, 2021>
1. Matters regarding accommodation, confinement, disciplinary, safe guard, transfer, discharge, or security of prisoners;
2. Matters regarding the security equipment and protection of correctional institutions and detention centers;
3. Matters regarding health and sanitation, medical treatment, and medication for inmates and establishment and operation of a visiting medical center;
4. Operational guidance for and management of prison labor and labor in custody, and vocational training;
5. Human resource management, supervision of service, education and training, pensions of public officials under its jurisdiction,
6. Matters regarding clothing and food for public officials under his or her jurisdiction and inmates;
7. Other Matters regarding education and reformation of inmates.
Article 23(Names) #
The names and locations of regional correction headquarters shall be specified in Appendix 1.
Article 24(Commissioner General of regional correction headquarters) #
(1) Each regional correction headquarters shall be headed by a Commissioner General, and the Commissioner General shall be appointed from among public officials in general service of the Senior Executive Service. <Amended on Apr. 15, 2005; Jun. 30, 2006>
(2) The Commissioner General shall, upon the order of the Minister of Justice, exercise overall control over the affairs under his or her jurisdiction and direct and supervise public officials under his or her jurisdiction.
Article 25(Subordinate organization) #
The number of line agencies or staff agencies to be placed in the Regional Correction Headquarters prescribed in Articles 12(3) and 14(4) of the Common Rules of the Organization and the Prescribed Number of Personnel of Administrative Agencies shall be prescribed by Decree of the Ministry of Justice within the prescribed number of institutions under the jurisdiction of the Ministry of Justice. <Amended on Dec. 29, 2006>
[This Article Wholly Amended on Apr. 15, 2005]
SECTION 2 Correctional Institutions and Detention Centers
Article 26(Duties) #
Correctional institutions and detention centers shall be in charge of the confinement, correction, and reformation of sentenced inmates, guiding them to cultivate rational public thought and working spirit, provision of technical training; the accommodation of persons subject to protective custody and performance of custody, correction, and reformation, vocational training and work for helping them return to the society; the accommodation of unconvicted inmates; and other criminal administration affairs.
[This Article Wholly Amended on Aug. 12, 2005]
Article 27(Names) #
The names and locations of Correctional Institutions and Detention Centers shall be as specified in Appendix 1. <Amended on Aug. 12, 2005>
Article 28(Warden and Vice Warden) #
(1) Each Correctional Institution and Detention Center shall be headed by a Warden. <Amended on Aug. 12, 2005>
(2) The Wardens of the Seoul Detention Center, Seoul Nambu Detention Center, Seoul Dongbu Detention Center, Busan Detention Center, Suwon Detention Center, and Incheon Detention Center shall be appointed from among public officials in general service of the Senior Executive Service; the Wardens of the Daegu Correctional Institution, Daejeon Correctional Institution, Anyang Correctional Institution, Gwangju Correctional Institution, and Gyeongbuk Bukbu 1st Correctional Institution, from among public officials in general service of the Senior Executive Service; the Wardens of the Hwasung Correctional Institution For Vocational Training, Jeonju Correctional Institution, Uijongbu Correctional Institution, Changwon Correctional Institution, and Busan Correctional Institution, from among public officials of Grade III or IV; and other Wardens, from among public officials of Grade IV, respectively. <Amended on Feb. 28, 2000; Apr. 15, 2005; Jun. 30, 2006; Nov. 30, 2007; May 25, 2009; Dec. 31, 2009; Aug. 2, 2010; May 4, 2011; Oct. 10, 2011; Sep. 5, 2016; Jun. 20, 2017>
(3) Each of the Seoul Detention Center, Seoul Nambu Detention Center, Seoul Dongbu Detention Center, Busan Detention Center, Suwon Detention Center, and Incheon Detention Center, Daegu Correctional Institution, Daejeon Correctional Institution, Anyang Correctional Institution, Gwangju Correctional Institution, and Gyeongbuk Bukbu 1st Correctional Institution shall have 1 Vice Warden to assist the Warden in handling internal affairs; and the Vice Warden is appointed from among public officials of Grade IV. <Amended on Feb. 28, 2000; Apr. 15, 2005; Nov. 30, 2007; May 25, 2009; Dec. 31, 2009; May 4, 2011; Oct. 10, 2011; Jun. 20, 2017>
(4) The Warden shall, upon the order of the Commissioner of the competent Regional Correction Headquarter, exercise overall control over the affairs under his or her jurisdiction and direct and supervise public officials under his or her jurisdiction.
Article 29(Subordinate organization) #
The number of line agencies or staff agencies to be placed in the Correctional Institutions and Detention Centers prescribed in Articles 12(3) and 14(4) of the Common Rules of the Organization and the Prescribed Number of Personnel of Administrative Agencies shall be prescribed by Decree of the Ministry of Justice within the prescribed number of institutions under the jurisdiction of the Ministry of Justice. <Amended on Aug. 12, 2005; Dec. 29, 2006>
[This Article Wholly Amended on Apr. 15, 2005]
Article 30(Branches) #
Branches shall be established under the jurisdiction of the Wardens of Correctional Institutions and Detention centers to be in charge of the affairs under the jurisdictions of the Wardens, and the names and locations of the branches and other necessary matters shall be prescribed by Decree of the Ministry of Justice.
CHAPTER V NATIONAL FORENSIC PSYCHIATRIC HOSPITAL
Article 31(Duties) #
The National Forensic Psychiatric Hospital shall have charge of affairs regarding the accommodation, custody, and forensic treatment of persons subject to forensic treatment disposition and research thereon in accordance with the Act on Medical Treatment and Custody; and shall exercise overall control of affairs specified other statutes and regulations as duties of the National Forensic Psychiatric Hospital. <Amended on Aug. 12, 2005; Oct. 10, 2011; Nov. 29, 2016; Jun. 27, 2022>
Article 32(Director General) #
(1) The National Forensic Psychiatric Hospital shall be headed by a Director General; and the Director General shall be appointed from among public officials in general service of the Senior Executive Service. <Amended on Apr. 15, 2005; Jun. 30, 2006; Jun. 27, 2022>
(2) The Directors General shall, upon the order of the Minister of Justice, exercise overall control of the affairs under his or her jurisdiction and direct and supervise public officials under his or her jurisdiction. <Amended on Jun. 27, 2022>
[Title Amended on Jun. 27, 2022]
Article 33(Subordinate organization) #
A medical treatment department shall be placed in the National Forensic Psychiatric Hospital, and the number of line agencies or staff agencies to be placed in the National Forensic Psychiatric Hospital in accordance with Articles 12(3) and 14(4) of the Common Rules of the Organization and the Prescribed Number of Personnel of Administrative Agencies shall be prescribed by Decree of the Ministry of Justice within the prescribed number of public officials of institutions under the jurisdiction of the Ministry of Justice. <Amended on Dec. 29, 2006; Jun. 27, 2022>
[This Article Wholly Amended on Apr. 15, 2005]
Article 34(Medical Treatment Department) #
(1) The Director General shall be appointed from among public officials in general service of the Senior Executive Service. <Amended on Apr. 15, 2005; Jun. 30, 2006>
(2) The Director General of the Medical Treatment Department shall have charge of the following matters: <Amended on Mar. 7, 2004; Jan. 29, 2004; Oct. 10, 2011>
1. Medical treatment of persons under forensic treatment and custody, and related investigation and research;
2. Matters regarding nursing care and accommodation management for persons under forensic treatment and custody;
3. Sociopsychiatric treatment, surveys, and research;
4. Matters regarding special medical treatment for persons under forensic treatment and custody, such as physical therapy and occupational therapy;
5. Matters regarding the preparation and administration of medicines for persons under forensic treatment and custody;
6. Psychiatric evaluation of person subject to custody based on expert opinion and psychotropic medical science investigations and research;
7. Provision of outpatient treatment for persons for whom the execution of forensic treatment and custody is completed or provisionally completed;
8. Matters regarding the pharmacologic treatment of sexual impulses under the Act on Pharmacologic Treatment of Sex Offenders' Sexual Impulses.
Article 34-2(Drug Addiction Rehabilitation Center) #
(1) A drug addiction rehabilitation center shall be placed under the jurisdiction of the Director General of the National Forensic Psychiatric Hospital to have charge of medical treatment for addicts to substances such as alcohol and narcotics, testing and research therefor, and rehabilitation support services. <Amended on Jun. 27, 2022; Dec. 29, 2022>
(2) The Drug Addiction Rehabilitation Center shall have 1 head of the Drug Addiction Rehabilitation Center, and the head of the Drug Addiction Rehabilitation Center shall be appointed from among public officials of Grade IV or V. In such cases, the head of the Drug Addiction Rehabilitation Center shall be appointed as a public official in a professional fixed term position pursuant to Article 24(6) of the Common Rules of the Organization and the Prescribed Number of Personnel of Administrative Agencies. <Amended on Dec. 29, 2022; Aug. 30, 2023>
(3) The head of the Drug Addiction Rehabilitation Center shall, upon the direction of the Director General of the National Forensic Psychiatric Hospital, exercise overall control of the duties under his or her jurisdiction and direct and supervise public officials under his or her jurisdiction. <Amended on Jun. 27, 2022; Dec. 29, 2022>
(4) The subordinate organizations to be established in the Drug Addiction Rehabilitation Center shall be prescribed by Decree of the Ministry of Justice. <Amended on Dec. 29, 2022>
[This Article Added on Jan. 29, 2004]
CHAPTER V-2 North Korean Human Rights Documentation Office
Article 34-3(Duties) #
The North Korean Human Rights Documentation Office shall preserve and manage data related to North Korean human rights records and perform administrative affairs related thereto for the protection and improvement of human rights of North Koreans.
[This Article Added on Oct. 11, 2016]
Article 34-4(Deputy Director General) #
(1) The North Korean Human Rights Documentation Office shall be headed by a Deputy Director General, who shall be appointed from among public officials of Grade IV or prosecutors.
(2) The Deputy Director General shall, upon the order of the Minister of Justice, exercise overall control of the affairs under his or her jurisdiction and direct and supervise public officials under his or her jurisdiction.
[This Article Added on Oct. 11, 2016]
CHAPTER 6 JUVENILE DETENTION CENTER AND JUVENILE CLASSIFICAT
Article 35(Duties) #
(1) A juvenile detention center shall accommodate and protect juveniles sent by protective order (hereinafter referred to as "protected juveniles") and shall be in charge of affairs regarding correctional education programs.
(2) A juvenile classification assessment center and juvenile detention center conducting business on behalf of the juvenile classification assessment center shall accommodate and protect juveniles entrusted by the Juvenile Department of the Court and shall exercise overall control of affairs regarding classification and assessment, character education, counseling and examination, special education for students or other juniors maladjusted to general middle and high schools, and operation of juvenile aptitude test rooms. <Amended on Aug. 12, 2005>
Article 36(Name) #
The names and locations of juvenile detention centers and juvenile classification assessment centers shall be as specified in Appendix 2.
Article 37(Heads of Juvenile Reformatories and Juvenile Classification Review Centers) #
(1) A juvenile detention center and juvenile classification assessment center shall have 1 Director General, respectively.
(2) The Director General of the Seoul Juvenile Reformatory and Seoul Juvenile Classification Assessment Center shall be appointed from among public officials in general service of the Senior Executive Service and the Directors General of other juvenile detention centers and juvenile classification assessment centers shall be appointed from among public officials of Grade IV. <Amended on Apr. 15, 2005; Jun. 30, 2006>
(3) The Directors General shall, upon the order of the Minister of Justice, exercise overall control of the affairs under their jurisdictions and direct and supervise public officials under their jurisdictions.
Article 38(Subordinate organization) #
The number of line agencies or staff agencies to be placed in a juvenile detention center and juvenile classification assessment center prescribed in Articles 12(3) and 14(4) of the Common Rules of the Organization and the Prescribed Number of Personnel of Administrative Agencies shall be prescribed by Decree of the Ministry of Justice within the prescribed number of institutions under the jurisdiction of the Ministry of Justice. <Amended on Dec. 29, 2006>
[This Article Wholly Amended on Apr. 15, 2005]
Article 39(Support) #
Branches shall be placed under the jurisdictions of the Directors General of juvenile detention centers and juvenile classification assessment centers to be in charge of the affairs under their jurisdictions, and the names and locations of the branches and other necessary matters shall be prescribed by Decree of the Ministry of Justice.
Article 39-2(Juvenile Delinquency Prevention Centers) #
(1) Juvenile Delinquency Prevention Centers shall be placed under the jurisdiction of the Directors General of juvenile detention centers and juvenile classification assessment centers, to be in charge of juvenile delinquency prevention. <Amended on May 25, 2009; May 4, 2011; Mar. 26, 2012; Sep. 17, 2013; Feb. 29, 2016>
(2) Juvenile Delinquency Prevention Centers shall perform the following duties: <Amended on Feb. 29, 2016>
1. Counseling services requested by a court;
2. Predisposition investigations requested by prosecutors;
3. Education for students, etc. maladjusted to schools among persons subject to protective order under the Juvenile Act;
4. Special education to persons on whom a prosecutor has granted suspension of prosecution and to juveniles for whom the principal, etc. of a school have requested;
5. Education for guardians of persons subject to protective order issued under the Juvenile Act;
6. Law-related education for youths;
7. Specialized education, research, development, etc. on volunteer services regarding youth aviation.
(3) Each Juvenile Delinquency Prevention Centers shall be headed by a Deputy Director General and Directors, who shall be appointed from among public officials of Grade IV and V, respectively. <Amended on Feb. 29, 2016>
(4) The Deputy Directors General and Directors of Juvenile Delinquency Prevention Centers shall, upon the direction of the competent Director General and Deputy Directors General, exercise overall control of their duties and direct and supervise public officials under their jurisdictions. <Amended on Feb. 29, 2016>
(5) The names and locations of Juvenile Delinquency Prevention Centers and other necessary matters shall be prescribed by Decree of the Ministry of Justice. <Amended on Feb. 29, 2016>
[This Article Added on Jul. 23, 2007]
[Title Amended on Feb. 29, 2016]
[Previous Article 39-2 Moved to Article 39-3 <Jul. 23, 2007>]
CHAPTER VII PROBATION REVIEW COMMITTEE
Article 39-3(Composition of Probation Review Committee) #
(1) Each Probation Review Committee (hereinafter referred to as the "Committee") shall be comprised of at least 5 but up to 9 members, including 1 Chairperson, in accordance with Article 7 of the Act on Probation, and the number of standing members shall not exceed 3. <Amended on May 4, 2011>
(2) The standing members of the Committee shall be appointed from among the persons who have qualifications under Article 3 of the Enforcement Decree of the Act on Probation and shall be appointed either from among public officials in a fixed term position who are members of the Senior Executive Service or from among those of Grade IV in a fixed term position. <Amended on Aug. 27, 2014>
[This Article Added on Jun. 30, 2006]
[Moved from Article 39-2 <Jul. 23, 2007>]
Article 40(Duties) #
The Committee shall be in charge of the affairs prescribed in the subparagraphs of Article 6 of the Act on Probation. <Amended on Aug. 12, 2005; Jun. 30, 2006>
Article 41(Name) #
The names and locations of the Committees shall be as specified in Appendix 3, and their jurisdiction shall be prescribed by Decree of the Ministry of Justice.
Article 42(General affairs of the Committee) #
The general affairs of the Committee shall be handled by the probation office having jurisdiction over the location of the Committee.
CHAPTER VIII PROBATION OFFICES AND ELECTRONIC MONITORING CEN
Article 43(Duties) #
(1) Probation offices shall have charge of the affairs specified in the subparagraphs of Article 15 of the Act on Probation.
(2) Electronic monitoring centers shall be shall be in charge of the following: <Amended on Aug. 2, 2010; Dec. 29, 2020>
1. Matters regarding the operation of a location tracking system and the management of electronic tracking devices;
2. Matters regarding the identification of the location of an electronic device wearer, the detection of movement paths, and the handling of warnings;
3. Matters regarding the preservation, use, and disposal of electronic data received from electronic monitoring devices.
[This Article Wholly Amended on Dec. 31, 2008]
Article 44(Name) #
The names and locations of probation offices and Electronic Monitoring Centers shall be as specified in Appendix 4, and the jurisdiction of each office and center shall be prescribed by Decree of the Ministry of Justice. <Amended on Dec. 31, 2008>
Article 45(Directors General of probation offices and Electronic Monitoring Centers) #
(1) Each probation office shall be headed by a Director General, and each Electronic Monitoring Center shall be headed by a Deputy Director General. <Amended on Dec. 31, 2008>
(2) The Director General of the Seoul probation office shall be appointed from among public officials in general service of the Senior Executive Service; the Directors General of the Busan, Daegu, Gwangju, and Daejeon probation offices, from among public officials of Grade III or IV; and the Directors General of the other probation offices and Centers, from among public officials of Grade IV, respectively. <Amended on Dec. 31, 2008; Aug. 2, 2010>
(3) The Directors General of the Probation Offices and the Centers shall, upon the order of the Minister of Justice, exercise overall control of the affairs under their jurisdictions and direct and supervise public officials under their jurisdictions. <Amended on Dec. 31, 2008>
[Title Amended on Dec. 31, 2008]
Article 46(Subordinate organization) #
The number of line agencies or staff agencies to be placed in the probation offices and Electronic Monitoring Centers prescribed in Articles 12(3) and 14(4) of the Common Rules of the Organization and the Prescribed Number of Personnel of Administrative Agencies shall be prescribed by Decree of the Ministry of Justice within the prescribed number of public officials of institutions under the jurisdiction of the Ministry of Justice. <Amended on Dec. 29, 2006; Dec. 31, 2008>
[This Article Wholly Amended on Apr. 15, 2005]
Article 47(Branch) #
Branches shall be placed under the jurisdictions of the Directors General of probation offices to be in charge of the affairs of the probation offices, and the names, locations, and jurisdictions of the branches and other necessary matters shall be prescribed by Decree of the Ministry of Justice.
CHAPTER IX-2 IMMIGRATION DETENTION REVIEW COMMITTEE
Article 52-2(Duties) #
The Immigration Detention Review Committee shall perform the duties referred to in the subparagraphs of Article 66-5 of the Immigration Act.
[This Article Added on May 20, 2025]
Article 52-3(Composition) #
(1) The Immigration Detention Review Committee shall be comprised of 9 members, including 1 chairperson and 1 standing member.
(2) A standing member shall be deemed a public official in a fixed term position of the Senior Executive Service.
[This Article Added on May 20, 2025]
Article 52-4(Secretariat) #
(1) A secretariat shall be established under the Immigration Detention Review Committee to handle the affairs thereof.
(2) The secretariat shall have 1 secretary general, appointed from among public officers of Grade III or IV.
(3) The secretary general shall, upon the direction of the chairperson, have general control of the following affairs and direct and supervise public officials under his or her jurisdiction:
1. Matters regarding security and official seal management, receipt and dispatch of documents, budget, accounting, settlement, and commodity management;
2. Investigation, notification of results, and management of records for matters specified in subparagraphs 1 through 6 of Articles 66-5 of the Immigration Act;
3. Matters regarding the composition and operation of the Immigration Detention Review Committee and subcommittees;
4. Formulation and planning of policies on the immigration detention examination system;
5. Matters regarding the composition and operation of the examination criteria of the Immigration Detention Review Committee;
6. Other matters regarding affairs handled by the Immigration Detention Review Committee in accordance statutes and regulations related to the detention of foreigners.
[This Article Added on May 20, 2025]
Article 52-5(Subordinate organization) #
The number of line agencies or staff agencies to be placed in the Immigration Detention Review Committee in accordance with Articles 12(3) and 14(4) of the Common Rules of the Organization and the Prescribed Number of Personnel of Administrative Agencies shall be prescribed by Decree of the Ministry of Justice within the prescribed number of public officials of institutions under the jurisdiction of the Ministry of Justice.
[This Article Added on May 20, 2025]
CHAPTER X PRESCRIBED NUMBER OF PUBLIC OFFICIALS
Article 53(Prescribed number of public officials assigned to the Ministry of Justice) #
(1) The prescribed number of public officials assigned to the Ministry of Justice (excluding the prescribed number of public officials for temporary fixed term under Article 25(1) of the Common Rules of the Organization and the Prescribed Number of Personnel of Administrative Agencies; hereafter in this Article the same shall apply) shall be listed in Appendix 6; provided, if necessary, the prescribed number of public officials may be separately prescribed by Decree of the Ministry of Justice within 10 percent of the total prescribed number under Appendix 6. <Amended on Dec. 29, 2006; May 26, 2015; Feb. 20, 2018; Mar. 30, 2018; Aug. 5, 2020; Apr. 11, 2023; Aug. 8, 2023>
(2) The prescribed number by rank of public officials assigned to the Ministry of Justice shall be prescribed by Decree of the Ministry of Justice. In such cases, the prescribed number of public officials of Grade IV (including that of public officials of Grade III or IV) shall be within the upper limit of 52; the prescribed number of public officials of Grade III or IV shall be within the upper limit of 1/3 of the prescribed number of public officials of Grade IV (including that of public officials of Grade III or IV); and the prescribed number of public officials of Grade IV or V shall be within the upper limit of 1/3 of the prescribed number of public officials of Grade V (including that of public officials of Grade IV or V), respectively. <Amended on Aug. 27, 2014; Sep. 5, 2016; Oct. 20, 2017; Mar. 30, 2018; Dec. 31, 2018; May 7, 2019; Feb. 25, 2020; Aug. 5, 2020; Jun. 7, 2022; Aug. 8, 2023; Jun. 25, 2024; Jun. 10, 2025; Dec. 31, 2025>
(3) Of the prescribed number of public officials assigned to the Ministry of Justice, one person (one public official of Grade V) shall be recruited from the Ministry of Education, one person (one public official of Grade V) from the Ministry of Agriculture, Food and Rural Affairs, one person (one public official of Grade Ⅵ ) from the Ministry of Employment and Labor, one person (one public official of Grade V) from the Ministry of Gender Equality and Family, one person (one public official of Grade V) from the Ministry of Oceans and Fisheries, four persons (two public officials of Grade Ⅵ and 2 public officials of Grade Ⅶ ) from the Prosecutors' Office, 3 (one superintendent, one inspector, and one assistant Inspector) from the Korean National Police Agency, and one person (one senior inspector) from the Korea Coast Guard. In such cases, the Minister of Justice shall have a prior consultation with the head of a relevant central administrative agency on methods, procedures, etc. for the recruitment. <Added on Sep. 17, 2013; Jun. 7, 2022; Mar. 26, 2024; Jun. 25, 2024; Jun. 10, 2025; Oct. 1, 2025; Dec. 31, 2025>
(4) Deleted. <Jun. 10, 2025>
Article 54(Prescribed number of public officials assigned to institutions under its jurisdiction) #
(1) The prescribed number of public officials assigned to institutions under the jurisdiction of the Ministry of Justice shall be listed in Appendix 7; provided, if necessary, the prescribed number of public officials may be separately prescribed by Decree of the Ministry of Justice within 10 percent of the total prescribed number in Appendix 7. <Amended on Dec. 29, 2006; May 26, 2015; Feb. 20, 2018; Mar. 30, 2018; Aug. 5, 2020; Aug. 8, 2023>
(2) The prescribed number of public officials, by rank and affiliated agency, to be assigned to the agencies affiliated with the Ministry of Justice shall be prescribed by Decree of the Ministry of Justice. In such cases, the prescribed number of public officials of Grade IV (including that of public officials of Grade III or IV) shall be within the upper limit of 231; the prescribed number of public officials of Grade III or IV shall be within the upper limit of 15/100 of the prescribed number of public officials of Grade IV (including that of public officials of Grade III or IV); and the prescribed number of public officials of Grade IV or V shall be within the upper limit of 15/100 of the prescribed number of public officials of Grade V (including that of public officials of Grade IV or V), respectively. <Amended on Aug. 27, 2014; Sep. 5, 2016; Oct. 11, 2016; Oct. 31, 2017; Mar. 30, 2018; Dec. 31, 2018; Dec. 24, 2019; Feb. 25, 2020; Feb. 22, 2022; Nov. 1, 2022; Dec. 29, 2022; May 20, 2025>
(3) The prescribed number of public officials who may be appointed as public officials in a fixed term positions within 1/3 of the prescribed number of public officials of teaching personnel under Article 5(1) of the Act on the Capacity Development of Public Officials at the Institute of Justice shall be prescribed by Decree of the Ministry of Justice. <Amended on May 25, 2009; Dec. 11, 2013; Feb. 3, 2016>
(4) 2 persons (2 public officials of Grade V or VI) engaging in medical services from the prescribed number of public officials of institutions under the jurisdiction of the Ministry of Justice in accordance with paragraph (1) or Appendix 7 shall be appointed as a public official in a professional fixed term position in accordance with Article 24(6) of the Common Rules of the Organization and the Prescribed Number of Personnel of Administrative Agencies. <Added on Dec. 29, 2022; Aug. 30, 2023>
Article 55(Special cases regarding open positions) #
As to open positions which the Minister of Justice determines by directives, established rules, and other methods may be assigned to the 7 positions of a director-level or director-general level. <Amended on Jan. 6, 2015; Aug. 30, 2023>
[This Article Wholly Amended on Dec. 11, 2013]
[Title Amended on Aug. 30, 2023]
CHAPTER XI ORGANIZATION SUBJECT TO EVALUATION AND PRESCRIBED
Article 56(Organization subject to evaluation and prescribed number of public officials thereof) #
(1) The organizations to be placed under the Ministry of Justice and institutions under its jurisdiction and the prescribed numbers of public officials of such organizations, which are subject to evaluation in accordance with Article 31(1) of the Common Rules of the Organization and the Prescribed Number of Personnel of Administrative Agencies, shall be as specified in Appendix 8.
(2) Details regarding the organizations and prescribed numbers of public officials thereof subject to evaluation under paragraph (1) shall be prescribed by Decree of the Ministry of Justice.
[This Article Wholly Amended on Mar. 30, 2018]
Chapter XII Deleted.
Article 57 #
Deleted. <Feb. 25, 2025>