Article 13(Execution of Order to Attach Electronic Device) #
(1) An order to attach an electronic device shall be executed by attaching an electronic device to the body of the person ordered to wear an electronic device immediately prior to his or her release on the date the person completes or is exempted from serving a sentence on a specific criminal case or is paroled from prison; or medical treatment while in custody is terminated or provisionally terminated: Provided, That in the following cases, an order to attach an electronic device shall be executed as follows: <Amended on Jun. 13, 2008; May 8, 2009; Dec. 18, 2012; Oct. 31, 2017>
1. Where the relevant person is serving a sentence or is receiving medical treatment while in custody due to a crime case other than the specific criminal case that formed grounds for the court to issue an order to attach an electronic device, the aforesaid order shall be executed from the date that person completes the sentence on any crime case other than the specific criminal case that formed grounds for the court to issue the aforesaid order; is exempted from serving the sentence; is paroled from prison; or medical treatment while in custody is terminated or provisionally terminated;
2. Where the person ordered to wear an electronic device has been released at the time the court rules to issue an order to attach an electronic device and has already served a sentence for such reasons as including the number of days of pre-trial detention, the order to attach an electronic device shall be executed from the date the court rules to issue an order to attach an electronic device.
(2) Where an order to attach an electronic device is executed pursuant to paragraph (1) 2, the head of a probation office may summon the person ordered to wear an electronic device; and where the person ordered to wear an electronic device fails to appear at the probation office, the head of the probation office may arrest the person ordered to wear an electronic device with a warrant to execute the order to attach an electronic device issued by applying to the prosecutor of the competent district prosecutor's office. <Newly Inserted on Oct. 31, 2017>
(3) The head of the probation office that arrests the person ordered to wear an electronic device pursuant to paragraph (2) shall release such person immediately after having executed the order to attach an electronic device. <Newly Inserted on Oct. 31, 2017>
(4) An order to attach an electronic device shall be executed without harming the body. <Amended on Oct. 31, 2017>
(5) Where multiple orders to attach an electronic device are issued, they shall be executed in the order they are decided. <Newly Inserted on Apr. 15, 2010; Oct. 31, 2017>
(6) An order to attach an electronic device shall be suspended, if: <Amended on Jun. 13, 2008; Apr. 15, 2010; Oct. 31, 2017>
1. The person ordered to wear an electronic device is detained under an arrest warrant for committing another crime while the order to attach an electronic device is in force;
2. The person ordered to wear an electronic device is sentenced to imprisonment without labor or severer punishment for committing another crime while the order to attach an electronic device is in force;
3. Parole is revoked or provisional termination becomes invalid regarding the person who was paroled from prison or his or her medical treatment while in custody was provisionally terminated, during the period of electronic monitoring.
(7) Notwithstanding paragraph (6) 1, where a person detained under an arrest warrant is released from detention for any of the following reasons, an order to attach an electronic device shall be deemed executed for the period of detention: Provided, That in the case of subparagraphs 1 and 2, this shall not apply where a final judgment of guilt is rendered by the court: <Newly Inserted on Dec. 12, 2017; Mar. 16, 2021>
1. Where a senior judicial police officer makes a non-transfer decision;
2. Where the prosecutor does not prosecute the relevant case because the prosecutor determines that the accused is cleared of suspicion or not guilty; he or she has no power to file prosecution or dismisses a case;
3. Where the court determines that the person is not guilty, renders a judgment or ruling to acquit or dismiss a case.
(8) An order to attach an electronic device, which is suspended pursuant to paragraph (6), shall be executed during the remaining period of the order as follows: <Amended on Jun. 13, 2008; Apr. 15, 2010; Oct. 31, 2017; Dec. 12, 2017>
1. In cases falling under paragraph (6) 1, the order shall be executed for the remaining period commencing from the time the detention is released or the non-execution of imprisonment or severer punishment becomes final and conclusive;
2. In cases falling under paragraph (6) 2, the order shall be executed for the remaining period commencing from the time the execution of the sentence is terminated or exempted or parole is commenced;
3. In cases falling under paragraph (6) 3, the order shall be executed for the remaining period commencing from the time the execution of the sentence or medical treatment and custody is terminated or exempted.
(9) Except as provided for in paragraphs (1) through (8), matters necessary for executing and suspending an order to attach an electronic device shall be prescribed by Presidential Decree. <Amended on Apr. 15, 2010; Oct. 31, 2017; Dec. 12, 2017>